BACKUP BARISTA
TERMS AND CONDITIONS OF USE
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). In these Terms, 'us', 'we' and 'our' means Backup Hospitality Pty Ltd (ABN 38 617 980 122). You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms.
Definitions used in these Terms
“Barista” means any user who completes the Backup Barista registration process on our website and has been accepted by us as a Barista.
“Booking Fee” means the fee we charge a Café Partner from time to time for any booking of a Barista for a shift under these Terms.
“Café Partner” means any business who completes the Backup Barista booking process for engaging a Barista and has been accepted by us as a Café Partner.
“Content” means any copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website.
“platform” means the software platform provided by us to users through this website.
“Services” means the services, information, and resources provided on the website and platform.
“set hourly rate” means the hourly rate payable to a Barista for any shift, as determined by us and set out on our website from time to time.
“shift” means the period of engagement of a Barista to work as a barista for a Café Partner, for a period of hours, at a location, date and time specified in the booking made by the cafe.
“user” means any Barista or Café Partner who completes the Backup Barista registration, application or booking process, as described under ‘Registration’ below, or otherwise uses the platform or the Services.
“website” means the website at www.backupbarista.com.au
Registration
You must be a registered user to access certain features of our website. When you register and activate your account, you will provide us with personal information such as your name, your date of birth, your phone number, your e-mail address, your photo, your qualifications, your experience and expertise, your mail or physical address or location, and your ABN. You must ensure that this information is accurate and current.
We will handle all personal information we collect in accordance with our Privacy Policy.
To create an account, you must be:
• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the website in accordance with these Terms.
Collection Notice
We collect personal information about you in order to process your registration, provide you with access to our services and for purposes otherwise set out in our Privacy Policy here
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our Privacy Policy or practices, please contact us at backupbarista.com.au/contact
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Café Partners
If you are a Café Partner, this section applies to you and your use of Backup Barista.
Payments to us
We will charge you the applicable fee under the relevant booking, option or plan selected by you and as set out on our website (“Booking Fee”). The Booking Fee will be charged for each shift performed by a Barista outside of a Trial Period.
A “Trial Period” is a maximum of three shifts by a Barista where the Café Partner can trial the Barista introduced by us for suitability for the position without charge. The Café Partner will be charged the Booking Fee for any engagement of an introduced Barista following a Trial Period.
If you make any payments for using the services with a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise us to charge the designated credit or charge card or online payment account for the total amount of the payment, plus any GST.
All charges are due immediately and payment will be facilitated by Backup Barista using the preferred payment method designated in your account, after which we will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available.
We understand that the needs and requirements of our Café Partners can change quickly, and we pride ourselves on providing you with flexibility. However, late cancellations can prevent us from providing our users with the best possible service and impacts our ability to allocate Baristas to where they are needed. Unless we are provided with more than 24 hours’ cancellation notice before the commencement of any shift, any Booking Fee in relation to that shift is non-refundable.
Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the supply of the Services to you. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, Backup Barista.
Engagement of a Barista
You agree that any Baristas engaged by you are engaged by you directly, and is a separate legal arrangement between you and the Barista, and not with us. You are free to agree to other conditions with the Baristas, as long as those conditions comply with all relevant laws and are not inconsistent with these terms. You agree that such engagement must provide that Baristas be paid at the set hourly rate for every hour worked. Where applicable, you agree that such agreement must also provide that you pay all GST and other similar taxes imposed in connection with the supply of services by the Barista.
Any failure by a Café Partner to pay a Barista in full for any shift within the time stipulated on the Barista’s invoice will constitute a breach of these terms.
You agree that under your engagement with the Baristas, Baristas must not be engaged to work shifts of less than 4 hours or more than 8 consecutive hours.
Non-solicitation
Except through the ongoing use of our services, for a period of three months after a Barista introduced by us performs any shift with you, you agree that the Café Partner will not: (a) employ or engage that Barista either as an employee or a contractor of the Café Partner; or (b) solicit, induce or encourage that Barista to cease their relationship with Backup Barista in any way. You acknowledge that any breach by you of this section would cause harm and damage to Backup Barista, and in the event of breach, we reserve the right to charge you an introduction fee of $250 + GST and suspend or terminate your access to our platform, our website and/or the Services. You acknowledge that the covenants contained in this section are fair and reasonable.
Promotions and guarantees
We may offer free trials from time to time at our discretion. Where applicable, free trial accounts will be terminated if you breach these Terms or fail to pay any applicable Booking Fee before the end of your trial.
We may offer ‘money back guarantees’ from time to time at our discretion. Where we do so, we may refund your Booking Fee in the event you are not satisfied with the performance of a Barista who you have engaged through Backup Barista to undertake a shift for you. You must request a refund within five days after the relevant shift and provide us with details as to why you were not satisfied with the Barista. If we determine that the Barista you engaged through Backup Barista did not perform up to a satisfactory standard, we will refund you your Booking Fee. We will not provide more than two refunds in any twelve-month period.
Baristas
If you are a Barista, this section applies to you and your use of Backup Barista.
You will only become a Barista after your application is approved by us.
You agree that any engagement by Café Partners is an engagement by them directly, and is a separate legal arrangement between you and the Café Partner, and not with us. You are free to agree to other conditions with the Café Partners that are not inconsistent with these terms.
If you are engaged to work a shift with a Café Partner, in addition to complying with any conditions you have agreed with your Café Partner, you must:
Without limiting the foregoing, you warrant that you possess and will deploy the specific skills and experience relevant to performing barista services.
Except through the ongoing use of our services, for a period of three months after you perform any shift with a Café Partner, you agree that you must not accept any position with that Café Partner either as an employee or a contractor without informing us first. You acknowledge that any breach by you of this section would cause harm and damage to Backup Barista, and in the event of the breach, we reserve the right to suspend or terminate your access to our platform, our website and/or our Services. You acknowledge that the covenants contained in this section are fair and reasonable.
We pride ourselves on providing our Baristas with flexibility however, no-shows and last-minute cancellations can prevent us from providing our Café Partners with the best possible service. You agree to give us no less than 24 hours’ notice before the commencement of your shift if you are unwilling or unable to attend that shift. We may terminate your access to our platform, our website and/or our Services in the event you fail to report for more than three shifts in any six-month period.
You agree that you must perform each shift personally. You must not subcontract or assign your performance of any shift.
Your conduct must not invite, directly or indirectly, any criticism of Backup Barista or any proceedings or actions against Backup Barista or bring into question the integrity or good reputation of Backup Barista, our platform, our website or our services.
Relationship between Café Partners and Baristas
You agree that any engagements between Café Partners and Baristas are separate legal arrangements between such Café Partners and Baristas, and we are not involved in such separate legal arrangements.
Any work performed by a Barista under any such engagement with a Café Partner will be as an independent contractor to the Café Partner, and again we are not involved in such engagement. The engagement of a Barista to undertake a shift does not create a relationship of principal and agent, employer and employee, partnership or joint venture between any Barista and a Café Partner, or more importantly, with us.
Each Barista will invoice the Café Partner for the number of hours worked on each shift at the set hourly rate. Following a shift, the Barista will provide the Café Partner with an invoice setting out the Barista’s name, the amount payable and the hours worked. The Café Partner is solely responsible for paying the Barista the set hourly rate and all remuneration to which they may be entitled.
You acknowledge and agree that you are solely responsible for any relationship, agreement or arrangements between you and another user (whether they are a Barista or a Café Partner), and enter any transaction or dealings with another user at your own risk. Users accept liability for any decision made or action taken in reliance on any information contained or omitted from the website. We may facilitate the engagement between Café Partners and Baristas, but we are not a party to any agreement or arrangement entered into by or between users.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between users (including, without limitation, disputes between Café Partners and Baristas regarding hours worked and invoices), and we are not obliged to be involved in such disputes, disagreements or matters in any way. If you have a dispute with one or more users, you release us (and our directors, employees, and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all Content made available on this website.
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down your posted information without notice.
No endorsement
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
While we take steps to ensure that Baristas are experienced and skilled baristas, we do not endorse, recommend or guarantee the quality of any work any Barista may perform services for Café Partners. Likewise, we do not endorse or guarantee the safety or legality of the working conditions provided by any Café Partner, including with respect to any shift.
You acknowledge and agree that you are solely responsible for agreeing to enter into any agreement with another user for the provision or receipt of barista-related services via Backup Barista.
As a user of Backup Barista, it is your sole responsibility to assess the accuracy of all opinions, advice, and other information provided or accessible via Backup Barista.
Although Backup Barista may require users to make certain warranties concerning the information they provide, we do not verify the accuracy of any such information. Although we may conduct or implement the process of conducting background, police or other similar checks, we are not obliged to conduct such checks on any users and you must not assume that we have conducted such checks.
You acknowledge and agree that you will exercise all due care and caution in entering into any agreement for the provision or receipt of barista-related services, and are solely responsible for such agreement.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Indemnity and release
You agree to indemnify, defend and hold us (and our directors, employees, and agents) harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:
Termination
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
Further information
If you have any questions about the terms or would like any further information, please contact us
In this Privacy Policy, 'us' 'we' or 'our' means Backup Hospitality Pty Ltd (ABN 38617980122). Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information.
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.
What personal information do we collect?
We may collect the following types of personal information:
We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
• register on our website;
• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;