GENERAL TERMS AND CONDITIONS — ENRGY FLEX

1. THE SERVICE (THE "SOFTWARE AS A SERVICE" MODEL)

Enrgy Flex provides a digital marketplace platform ("the App") that connects independent contractors ("Workers") with businesses ("Hosts").

• Platform Only: Enrgy Flex is a Technology Provider. We do not provide labour-hire services. We do not employ Workers, nor do we act as an agent for Hosts.
• No Guarantee: While we provide verification tools (VEVO/ABN), Enrgy Flex does not guarantee the availability, quality, or suitability of any Worker for a specific shift.

2. SUBSCRIPTION & PAYMENTS (HOSTS)

• Weekly Fee: The Host agrees to pay a recurring subscription fee of $99.99 AUD per week.
• Billing Cycle: Payments are processed automatically via Stripe. By subscribing, you authorise Enrgy Flex to charge your nominated card weekly.
• No-Refund Policy: To the extent permitted by Australian Consumer Law, subscription fees are non-refundable once the billing cycle has started.
• Late Payment: If a payment fails, access to the Worker database and active job postings will be suspended immediately until the balance is cleared.

3. WORKER STATUS & COMPLIANCE

• Independent Contractors: All Workers operate under their own ABN. They are responsible for their own tax, superannuation, and insurances.
• Compliance: Hosts are strictly responsible for verifying the final suitability of a Worker and ensuring a safe workplace under OHS laws.
• Direct Hire: Enrgy Flex does not charge "placement fees" or "buy-out fees." Hosts are free to connect with Workers directly via the platform.

4. CANCELLATIONS & TERMINATION

• Host Cancellation: You may cancel your subscription at any time via the App settings. Cancellation will take effect at the end of the current paid weekly period.
• Enrgy Flex Termination: We reserve the right to suspend or terminate any account without notice for breach of these Terms, fraudulent document uploads, or safety concerns.

5. LIMITATION OF LIABILITY & INDEMNITY

• Operational Conduct: Enrgy Flex is NOT liable for any loss, theft, property damage, personal injury, or death occurring during a connection made via the App.
• Indemnity: The User agrees to indemnify and hold harmless Enrgy Flex from any claims, legal costs, or damages arising from their use of the platform.
• Technical Failure: Enrgy Flex is not liable for temporary service outages or data loss beyond our reasonable control.

6. INTELLECTUAL PROPERTY

The App, including code, design, logos, and the database architecture, is the sole property of Enrgy Flex. Any attempt to reverse-engineer, scrape data, or copy the business model is a breach of Australian IP law.

7. DISPUTE RESOLUTION

• Worker-Host Disputes: Any dispute regarding pay, performance, or behaviour must be resolved directly between the Host and the Worker.
• Platform Disputes: Any dispute with Enrgy Flex must first be submitted to support@enrgyflex.com. If unresolved after 30 days, the matter shall be referred to mediation in Perth, WA.