By accepting these terms & conditions you are entering a legally binding agreement between you and OTR.
(a) On The Rostrr (ABN 89 664 624 622) (“OTR”) is a community-based jobs marketplace which provides the OTR Services through the OTR Platform.
(b) OTR provides a technology platform that helps connect hospitality venues and businesses (“Businesses”) with independent hospitality professionals (“Individuals”) seeking casual shifts or new work opportunities and facilitates payments between them.
(c) OTR is not a labour hire provider, employer, employment agency, or recruiter and does not supply workers or labour services to Businesses. All work arrangements are made directly between Businesses and Individuals as a separate and independent arrangement or engagement solely between the Business and Individuals and not involving OTR in any way whatsoever save for as set out in these terms and conditions.
For the purposes of these Terms:
(d) OTR Services may change, be updated, or be removed from time to time.
(a) Each Individual using the OTR Platform does so as an independent contractor. Nothing in these Terms, or in any Shift Contract, creates an employment, agency, partnership, or joint venture relationship between OTR and any Individual or Business; or a Business and an Individual beyond the specific Shift Contract agreed between them.
(b) The parties acknowledge that:
(c) OTR does not guarantee any work, any minimum amount of work, hours, or income and does not supervise or control how services are performed.
(d) All work arranged through OTR Platform is entered into directly between Businesses and Individuals. OTR’s role is limited to providing the technology platform that facilitates introductions and payments.
(e) OTR does not:
(f) Individuals are not engaged on an exclusive basis to any Business or venue allocated, introduced, or made available through the OTR Platform. For the avoidance of doubt, Individuals remain entirely free to provide services to any of the Businesses and/or any other third party at any time and Business remain entirely free to obtain the provision of services from any third party or Individual at any time, and nothing in this Agreement, the OTR Platform, or any Shift Contract imposes any restriction on such activities.
(g) Any instructions provided by a Business relate only to lawful safety requirements, venue rules, or the agreed service outcomes and do not constitute employment-style supervision.
(a) To use the OTR Platform, Users must create an account via the OTR website or mobile application. All accounts are subject to approval before they can be used.
(b) OTR may request any and all information or updated information from a User that it deems reasonable and necessary (in its sole and absolute discretion) from a User at any time either before or after they create an account.
(c) OTR may refuse, suspend or limit access at its discretion, including where:
(a) These Terms apply to all use of OTR Platform. OTR may update these Terms at any time.
(b) Changes will be notified via email or in-app notice and will take effect when you next log in and use the OTR Services.
(c) If you do not agree with the updated Terms, you must stop using OTR Platform.
(a) A Business that requires services to be performed must create an account on the OTR Platform. Once the account has been approved, the Business may create and post a shift advertisement (“Posted Shift”). Each Posted Shift must include:
(b) Once published, a Posted Shift can be edited or cancelled at any time prior to an Individual accepting such Posted Shift. OTR may also act on behalf of a Business to post, edit or cancel a Posted Shift.
(c) If a Shift is edited, varied or amended in any way following the acceptance of a Shift by an Individual, the Individual has the right to withdraw their acceptance of that Shift.
(d) Businesses may review Individual profiles through the OTR Platform and make an offer to an Individual for a Posted Shift. A Business may withdraw an offer at any time before the Individual accepts it.
(e) Businesses must familiarise themselves with the Policies and the OTR’s Community Guidelines before using the OTR Platform.
(a) Individuals seeking to perform shifts through the OTR Platform must first apply to join and be approved by OTR. Once approved, Individuals must agree to these Terms before accessing the OTR Platform.
(b) Approved Individuals may view and apply for Posted Shifts they are notified about (an Application). Individuals will only receive notifications for shifts that:
(c)By submitting an Application, the Individual confirms that they are legally entitled to perform, and capable of performing, the services described in the Posted Shift.
(d) An Individual may withdraw an Application at any time before accepting an offer from a Business. Individuals must also familiarise themselves with OTR’s Community Guidelines before using the OTR Platform.
Once an Individual accepts a shift offer, the Business and Individual may communicate directly with each other using their provided contact details.
(a) When an Individual accepts a shift offer from a Business, a separate legally binding contract is formed between the Business and the Individual (“Shift Contract”). OTR is not a party to the Shift Contract.
(b) Each Shift Contract includes:
(c) Users must not agree to any Shift Contract terms that conflict with this Agreement. If there is any inconsistency, these Terms will prevail to the extent of the inconsistency.
(d) The agreed hourly rate in a Shift Contract is a gross amount set by the Business. The Business must ensure that the rate for the relevant shift is no less than the applicable minimum ordinary hourly rate under Australian workplace laws (including any applicable modern award and the Fair Work Act 2009 (Cth)). The rate must be expressed as an all-inclusive amount, provided that the total remuneration paid by the Business ensures full compliance with all applicable statutory obligations, including superannuation and any other employment on-costs. The Individuals are solely responsible for compliance with their tax, superannuation and employment law obligations.
(e) Any negotiation or variation of that rate is a matter solely between the Business and the Individual. Tips paid by a Business, if any, are additional to the agreed hourly rate.
(f) The Individual must provide the services in accordance with the Shift Contract, unless the services are prohibited by law, this Agreement, the Policies, or an agreement with a Third Party Service provider.
(g) Nothing in a Shift Contract guarantees ongoing or regular work beyond the relevant shift.
(h) The Business indemnifies and holds OTR harmless against any and all taxes, superannuation or any other payments required to be made by the Business to the Individual in connection to a Shift.
(a) After completing a shift, the Individual must confirm the final shift duration with the Business before leaving the venue, taking into account any breaks. If the actual duration differs from what was originally agreed, the Individual must reflect this when confirming the shift hours in the OTR Platform.
(b) The Individual submitting the confirmed hours triggers payment for the services. If an Individual submits incorrect shift hours, this may constitute a breach of the Shift Contract and the Business must resolve this discrepancy directly with the Individual.
(c) Payments to Individuals are made through the OTR Platform, less any applicable Service Fees in accordance with the clause 21 (Service Fee Schedule) and clause 8 of these terms and conditions.
(d) Following completion of a shift, both Users may be prompted to provide a rating and review of each other through OTR’s reputation system.
(a) After a shift is completed, OTR may send an automated shift summary to both Users containing relevant details required for administrative or compliance purposes.
(b) Each Business and Individual is solely responsible for ensuring their own compliance with all applicable tax, employment, and regulatory obligations. OTR does not verify, manage, or take responsibility for compliance obligations between Users.
Each Posted Shift will display the location where the services are to be performed. Users must not include personal contact details (such as full names, street addresses, phone numbers, or email addresses) in a Posted Shift.
OTR may review, update, modify, or improve the OTR Services from time to time.
(a) An OTR-branded Digital Mastercard will be issued to an Individual once the Individual’s initial shift has been confirmed by the Business.
(b) All wages due to the Individual will be paid directly to the OTR Mastercard. An individual can subsequently transfer funds to a nominated bank account, following completion of a Know Your Customer (KYC) verification. The Individual must also verify the accuracy and validity of their bank details through the OTR Platform.
(c) Prior to offering a Shift, each Business must link a valid credit or debit card to its OTR account. If the credit or debit card is not in the name of the Business, the Business represents and warrants to OTR that the Business has the approval and authority to use and process such payments contemplated in these terms and conditions by that credit or debit card holder and such approval has not been amended or revoked at the time that such details are provided and at the time of payment.
(d) Each User is solely responsible for ensuring that all payment, identity and account details provided to OTR are accurate, complete and kept up to date. OTR shall have no responsibility or liability for any payment made using incorrect, incomplete or outdated details.
(a) OTR shall, via Stripe or such other third-party payment processor as OTR may appoint from time to time, obtain a pre-authorisation for an amount equal to the total anticipated fees for the upcoming Shift plus an additional amount equal the equivalent of an additional two (2) hours of work at the hourly rate published in the Posted Shift to account for any unforeseen adjustments (the Pre-Authorised Amount), which shall be held from the Business pending completion of the Shift.
(b) On completion of the Shift, OTR will process the payment of the amount due and payable using the credit or debit card provided by the Business. To the extent that the Pre-Authorised Amount exceeds the final amount payable for the completed Shift, the surplus funds shall be released on the credit or debit card provided by the Business.
(c) The Pre-Authorised Amount does not constitute payment and may be adjusted, captured or released in accordance with this Agreement and the applicable Shift Contract.
(a) Payment for a Shift is triggered when the Individual ends the Shift and confirms the hours worked through the OTR Platform.
(b) Where the Individual completes the Shift in accordance with the applicable Shift Contract and the Business approves the Shift, OTR shall charge the full amount payable for the Shift to the Business.
(c) Following successful charge, OTR shall remit to the Individual the net proceeds of the Shift, being the amount received from the Business less OTR’s applicable service fee and any deductions, via the Individual’s Digital Mastercard as soon as possible (usually within 24 hours wherever possible).
(a) OTR may, from time to time and in its sole and absolute discretion, provide a one-off bonus payment to Individuals subject to any terms and conditions determined by OTR from time to time (each a “OTR Bonus”).
(b) The amount of the OTR Bonus may be determined by OTR in its sole and absolute discretion and may vary from time to time without OTR providing any notice to Individuals or Businesses. For the avoidance of doubt, the provision of an OTR Bonus for a particular Shift does not indicate or result in or create any obligation whatsoever that the same, similar or any OTR Bonus will be provided to any subsequent Shift.
(c) Each OTR Bonus will be calculated by OTR and paid to the Individual together with the payment due and payable to them for the completion of the relevant Shift.
(d) Notwithstanding anything to the contrary, the OTR Bonus:
(i) do not form part of the Shift Contract;
(ii) are separate to the payment for services;
(iii) are funded solely by OTR; and
(iv) may be varied, reduced, withheld, suspended or discontinued by written notice from OTR at any time in accordance with this Agreement.
(a) In the event of an Individual no-show, or where a Shift does not occur or is not completed in accordance with the applicable Shift Contract, and such non-occurrence or non-completion is agreed between the Business and the Individual (a “Cancelled Shift”), no payment shall be made and the Pre-Authorised Amount shall be released and returned to the Business within seventy-two (72) hours.
(b) Notwithstanding clause 3.5(a), where a Business cancels a Shift within two (2) hours of the scheduled commencement time, the Individual will be entitled to a fixed cancellation fee of AUD $50.00 (“Cancellation Fee”). The Business authorises OTR to charge and deduct the Cancellation Fee from the Business’s nominated payment method and to remit that amount to the Individual.
(a) If, for any reason, payment for a completed Shift cannot be processed or transferred to the Individual, the Business must promptly notify both the Individual and OTR.
(b) Payment must be resolved as soon as reasonably practicable and, in any event, no later than seven (7) days after completion of the Shift.
(a) OTR uses third-party payment service providers, including Stripe and the provider of the OTR Digital Mastercard, to facilitate payments through the OTR Platform (Third Party Services).
(b) The OTR digital Mastercard is provided and activated at no cost. Individuals may transfer available funds from the card to their nominated bank account at no cost.
(c) By using the OTR Platform, Users agree to be bound by the applicable terms, conditions and privacy policies of those Third Party Services and authorise OTR to share payment information and instructions as reasonably required to facilitate transactions.
(d) OTR does not provide, control or warrant any Third Party Services and shall have no liability arising from a User’s use of, or inability to use, such services.
(a) Any request by a Business for a refund must be submitted in writing to hello@ontherostrr.com.
(b) All refund requests are assessed by OTR in its sole and absolute discretion. OTR has no obligation to approve or process any refund, including where:
(i) a Shift has been completed in accordance with the Shift Contract; or
(ii) payment has been remitted to the Individual.
(c) To the maximum extent permitted by law, OTR excludes all liability for any loss, cost, damage or expense arising out of or in connection with an approved Shift, an alleged erroneous approval, a declined refund request, or any delay or failure caused by a payment processor or card issuer.
(d) Where OTR elects to approve a refund, the applicable funds will be returned to the Business within seven (7) business days.
(a) Individuals provide services through the OTR Platform as independent contractors engaged directly by Businesses under separate Shift Contracts. OTR is not a party to any Shift Contract and does not employ, engage, or supply Individuals to Businesses.
(b) OTR does not determine, represent, warrant or assume responsibility for the employment, contractor, or worker classification of any Individual for the purposes of the Fair Work Act 2009 (Cth), Superannuation Guarantee (Administration) Act 1992 (Cth), payroll tax legislation, or any other Commonwealth, state or territory law.
(c) OTR does not withhold, remit, calculate or pay PAYG withholding tax, superannuation contributions, payroll tax, workers’ compensation premiums, leave entitlements, or any other employment-related or contractor-related statutory amounts on behalf of any User. All taxation, superannuation and other related obligations are the sole responsibility of the Individuals and their responsible executives.
(d) Each Business is solely responsible for determining whether any obligation arises in respect of a Shift Contract under applicable laws, including (without limitation) obligations relating to PAYG withholding, superannuation (including under the Superannuation Guarantee (Administration) Act 1992 (Cth)), payroll tax, workers’ compensation, or any similar legislation, and for complying with all such obligations.
(e) Each Individual is solely responsible for:
(i) declaring all income earned through the OTR Platform to the Australian Taxation Office;
(ii) registering for, charging and remitting GST where required by law; and
(iii) managing their own tax affairs, superannuation arrangements, insurance and financial obligations.
(f) The hourly rate agreed between a Business and an Individual under a Shift Contract is a gross amount determined solely by the Business. OTR does not determine, calculate or adjust that rate and makes no representation or warranty as to the tax treatment of any payment, the classification status of any Individual, or the applicability of any statutory obligation. OTR does not provide tax, legal, employment or financial advice. Users are solely responsible for obtaining independent professional advice regarding their respective obligations.
(a) OTR may (in its sole and absolute discretion) arrange access to limited third-party insurance coverage for certain activities performed through the OTR Platform. Any such insurance is provided by an independent insurer and is subject to the insurer’s terms, conditions, exclusions, limitations, and eligibility requirements.
(b) OTR does not represent or warrant that any insurance coverage:
(c) OTR does not provide workers’ compensation insurance, income protection insurance, or employment-related insurance of any kind
(a) Each Business and Individual is solely responsible for obtaining and maintaining any insurance required by law or otherwise appropriate for their activities, including (where applicable) workers’ compensation, contractor insurance, public or general liability insurance, and professional indemnity insurance.
(b) If an Individual relies on any insurance arranged by a Business, OTR makes no representation as to the adequacy or suitability of that insurance, and the Individual must make their own enquiries.
(c) Each Business and Individual expressly acknowledges and agrees that:
(i) they are solely responsible for determining and maintaining adequate insurance coverage for their activities; and
(ii) they do not and will not rely on any insurance arranged or made available by OTR for any purpose, including in connection with any Shift or Shift Contract.
(a) Where a claim is made by a Business in connection with services performed by an Individual, and any third-party insurance arranged by OTR responds to that claim, OTR may (but is not obliged to) submit or manage the claim at its discretion.
(b) If an insurance claim is accepted and an excess is payable, OTR may recover the amount of that excess from the Individual to the extent the insurer determines the Individual is responsible. OTR is entitled to rely on the insurer’s assessment of responsibility.
(c) If the Individual does not pay the excess when required, OTR may deduct or set off the unpaid amount against any future payments otherwise payable to the Individual through the OTR Platform, to the extent permitted by law.
(a) All applications to join OTR must be submitted via the OTR Platform or mobile app, using accurate and verifiable information. OTR may perform background checks or vet Individuals either before or after approving their account at any time in OTR’s sole and absolute discretion.
(b) Accounts are personal to a Business or an individual and may not be transferred, sold, or shared with anyone else. Each account must represent the Individual completing the shift.
(c) Unless otherwise permitted by OTR, Businesses, including Owners or Managers, may create a separate Business account, but no more than one Business account is permitted per location.
(a) To use the OTR Platform, Users must:
(b) If you do not meet these requirements, you must not use the OTR Platform or Services.
(a) While your account is active, you must maintain control over it and keep all personal details current and valid. Users must not:
(b) Each account must accurately represent the Individual completing the shift.
(a) OTR may suspend or terminate an account where it reasonably believes that a User has:
(b) Where reasonably practicable, OTR will provide notice and an opportunity to respond
All Users agree at all times they will:
Businesses must:
Individuals confirm that they:
(a) Each User grants OTR a worldwide, royalty-free licence to use, reproduce, modify, and adapt any content or information they post on the OTR Platform solely for:
(b) This licence allows OTR to display User content on the OTR Platform and in marketing or promotional activities.
Users warrant that any information or content they post on the OTR Platform:
When Users enter into a Shift Contract via the OTR Platform:
If OTR determines, at its sole discretion, that a User has breached any obligation under this clause 6, OTR may:
(a) By registering with OTR, you consent to receive communications from OTR and its authorised partners via email, SMS, phone, or app notifications.
These communications may include:
(b) Message and data rates may apply. By providing your contact details, you confirm they are accurate and agree to update OTR if your details change or you stop using them.
(a) You may opt out of marketing communications at any time:
(b) Transactional or service-related messages (e.g., shift confirmations or payments) cannot be opted out of as they are necessary to use the OTR Platform.
Creating a OTR account is free. Businesses are not charged to post Shifts, and Users can view and review content on the OTR Platform, including Posted Shifts, at no cost.
(a) In this Agreement, Shift Value means the total number of hours worked by the Individual for a Shift (as confirmed by the Business through the OTR Platform) multiplied by the agreed gross hourly rate under the applicable Shift Contract.
(b) Where a Business accepts an Individual’s offer, the Individual agrees that the applicable Service Fees set out in clause 21 (Service Fee Schedule) will be deducted from the total amount payable for the Shift and paid to OTR (or its nominee). Service Fees include any applicable sales tax and will be itemised on the invoice provided to the Business.
(c) On completion of the Shift and the Shift Value has been agreed by the Individual and the Business, OTR will create either a recipient tax invoice or a supplier tax invoice for and on behalf of the relevant party which can be accessed by the relevant parties through the OTR Platform.
(d) Service Fees are deducted and paid to OTR once the Business ends the Shift and confirms the Shift duration. Service Fees are calculated only on the total shift value by the Business to the Individual through the OTR Platform. Additional amounts, such as tips or reimbursements for expenses (including transport), are not included when calculating Service Fees.
(e) OTR may update the Service Fees or the terms relating to their payment from time to time. Any changes will take effect fourteen (14) days after OTR notifies you via your OTR account.
(f) All fees and charges payable to OTR are non-cancellable and non-refundable, except as required by law.
(g) The applicable Service Fee structure, including any tiered or differential pricing for different categories of Businesses, is set out in Clause 21 (Service Fee Schedule)
If OTR introduces a new service on the OTR Platform, any fees applicable to that service will apply from its launch date and will be treated as Service Fees under this Agreement.
Individuals must not charge, invoice, or otherwise seek to recover any Service Fees from a Business. Service Fees are payable only to OTR and are deducted from the total amount paid by the Business to the Individual in accordance with clauses 8.2 and 8.3.
(a) In this clause 8.5, the expressions Consideration, GST, Input Tax Credit, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to those expressions in A New Tax System (Goods and Services Tax) Act 1999.
(b) All prices or other sums payable or consideration to be provided under or in accordance with these terms and conditions are exclusive of GST.
(c) The Parties acknowledge that the consideration payable under these terms and conditions has been agreed on the basis that the consideration payable by a Party to another Party will be increased by an amount equal to the GST attributable to such consideration, if the first party is registered or required to be registered for GST pursuant to applicable laws.
(d) If GST is imposed on any Supply made under or in accordance with these terms and conditions, the Recipient of the Taxable Supply must pay to the Supplier an additional amount equal to the GST payable on or for the Taxable Supply, subject to the Recipient receiving a valid Tax Invoice in respect of the Supply at or before the time of payment.
(a) A Posted Shift must include the following details for acceptance on the OTR Platform:
(b) Additional details may be included in the Shift Description:
A Shift Contract requires the Individual to:
Service Fees do not include any payments due to third-party service providers. Any such fees must be paid directly under separate arrangements between the Individual and the third-party provider.
Businesses may specify additional terms in a Posted Shift, such as required qualifications (e.g., RSA certification) or experience with specialised equipment.
Businesses must provide complete, accurate, and legally compliant information in the Posted Shift. Only text may be included in the shift description, and the Business must have the legal right to post all content. OTR may remove any Posted Shift at its discretion for any reason.
By applying for a Posted Shift, an Individual agrees to perform the services under the terms of the Posted Shift, unless mutually agreed otherwise with the Business.
Once an Individual accepts an offer, no further negotiations may occur on the OTR Platform. Any operational details (e.g., shift duration, uniform) may be clarified directly between the Business and Individual.
If a OTR User wishes to dispute or complain about a review on the OTR Platform, they may use the OTR Platform functionality or contact OTR via the support channels provided on the OTR Platform.
Individuals may choose not to accept any offer. Businesses may withdraw any Posted Shift at any time before an individual has accepted the offer
Neither a Business nor an Individual is obliged to make or accept an offer on any Posted Shift.
(a) OTR may impose reasonable usage limits on the OTR Platform including but not limited to working hours, for operational safety or compliance purposes.
(b) Any such limits do not constitute a guarantee or work, a minimum number of hours, or control over the Individual’s working arrangements.
OTR may suspend or terminate your account at its sole discretion if it receives feedback indicating serious concerns about your conduct, or if your feedback rating suggests potential risks to other OTR Users.
To help improve the OTR Platform, please report any issues experienced with OTR services, including Third Party Services, by contacting us at hello@ontherostrr.com.
Except for liability arising from any non-excludable consumer guarantee under the Australian Consumer Law (ACL), OTR’s liability to any User is limited to the lesser of:
(i) the total amount of Service Fees paid by that User to OTR in the six (6) months preceding the event giving rise to liability; or
(ii) AUD 500.
Where OTR breaches any non-excludable condition under Australian law, OTR’s liability, at its option, is limited to:
(i) supplying the relevant service again; or
(ii) paying the reasonable cost of having the service supplied again.
(a) OTR and its subsidiaries, officers, directors, employees, agents, and affiliates shall not be liable for any of the following, whether arising in contract, tort (including negligence), or otherwise:
(b) This limitation applies even if such losses arise from your use of, or inability to use, the OTR Platform
(b) You must cooperate reasonably with OTR in defending any claim.
If you are involved in any dispute with another User or OTR, you release and discharge OTR and its officers, directors, employees, agents, and affiliates from all claims, demands, or liabilities arising from or connected with such disputes, the Services, or use of the OTR Platform, except to the extent that such claims cannot be excluded under Australian law
If you, as an Individual or Business, fail to complete a transaction under a Shift Contract without a lawful excuse, you may be in breach of your obligations both to OTR and to the other User with whom you have contracted. In addition to any rights OTR has under this Agreement (including any OTR Policies) to suspend, temporarily restrict, or terminate your account, OTR may take action to address the breach, including notifying the affected User and, where applicable, assisting in dispute resolution.
OTR’s Privacy Policy, available at https://www.ontheOTR.com/privacy, applies to all Users and forms part of this Agreement. By using the OTR Platform, you consent to and authorise OTR and its authorised third-party service providers to collect, use, disclose, and process your personal information in accordance with OTR’s Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988 (Cth).
Third-party service providers engaged via the OTR Platform operate under their own Privacy Policies. Before using any third-party service, you must review and agree to the relevant provider’s terms of service and privacy policy.
Except for liability in relation to any Non-Excludable Condition, the OTR Platform and services are provided on an “as is” and “as available” basis, without any warranty or condition, whether express or implied. To the extent permitted under Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), OTR and its suppliers disclaim all implied warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Nothing in this Agreement creates a partnership, joint venture, employment, agency, or any similar relationship between you and OTR. You have no authority to bind OTR, its related entities, or affiliates in any way.
All Third Party Services promoted, referenced, or linked on the OTR Platform are provided solely by the respective third-party providers. To the extent permitted by law, OTR disclaims all liability for any loss, damage, or claim incurred by Users arising directly or indirectly from the performance, non-performance, or quality of any Third Party Services. Users engage with Third Party Services at their own risk, and OTR does not provide any representations, warranties, or guarantees regarding those services.
Except as otherwise stated, any notices under this Agreement must be sent by registered ordinary post or email:
A notice is deemed received:
For the purposes of this clause, Business Day means any day banks are open for general business in Melbourne, Victoria, excluding Saturdays, Sundays, or public holidays.
Notices relating to the performance of any Third Party Service must be delivered in accordance with the terms and conditions of the relevant Third Party Service Provider.
You agree to attempt to resolve any disputes, including claims relating to shifts, payments, or services, directly with the other OTR User involved before pursuing formal legal action. OTR may, in its absolute discretion, share your information with the other party where necessary to facilitate resolution. Certain disputes may not be subject to this clause as a matter of law.
To the extent permitted by Australian law, you agree that any dispute arising out of or in connection with this Agreement, including its formation, interpretation, or enforceability, may be resolved by binding arbitration under the Commercial Arbitration Act 2010 (Cth) or relevant state legislation. This clause does not create an employment relationship and does not affect your status as an independent contractor.
Only a qualified arbitrator may resolve disputes covered by this clause. The arbitrator will have exclusive authority to determine the dispute, except for matters that, under Australian law, must be resolved by a court (for example, certain statutory consumer claims or injunctive relief).
All arbitration under this Agreement will be conducted on an individual basis. You and OTR waive any right to pursue disputes as a class, representative, or collective proceeding, unless otherwise required by law
Arbitration will be conducted in accordance with the rules agreed by both parties or, in the absence of agreement, under the rules of a recognized arbitration institution in Australia. Each party will bear its own costs unless the arbitrator determines otherwise.
Arbitration will follow rules agreed by both parties or, in the absence of agreement, under the rules of a recognized arbitration institution in Australia. Each party bears its own costs unless the arbitrator determines otherwise.
Entering into this arbitration agreement does not alter your status as an independent contractor, nor does it create an employment relationship between you and OTR.
Arbitration is voluntary. You may opt out of this arbitration agreement by providing written notice to OTR at hello@ontherostrr.com within 30 days of accepting these Terms. Opting out will not affect your ability to use the OTR Platform or your rights under applicable law.
Either party may terminate an account and this Agreement at any time for any reason by providing notice through the OTR Platform or by contacting OTR at hello@ontherostrr.com.
Termination of this Agreement does not affect any Shift Contract that has already been formed between OTR Users. If you have accepted or offered a Shift Contract, you must continue to comply with all obligations under that contract, including providing the agreed services or paying the agreed amount. Businesses must ensure all payments comply with applicable Australian laws, including superannuation contributions, tax withholding, and payroll tax obligations.
Any Third Party Services accessed via the OTR Platform remain subject to the terms and conditions of the relevant Third Party Service provider. OTR is not responsible for the performance or non-performance of such services.
The following provisions, and any other provisions that by their nature should survive termination, will continue to apply after termination or expiration of this Agreement:
This Agreement is governed by the laws of the Australian state or territory in which you access or use the OTR Platform. You and OTR submit to the non-exclusive jurisdiction of the courts of that state or territory for the purpose of resolving any disputes.
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, that provision may be severed or modified to the minimum extent necessary, and the remaining provisions will remain valid and enforceable
OTR may assign, transfer, or novate this Agreement or its rights under this Agreement to a third party without your consent. In such cases, you remain bound by the terms of this Agreement.
This Agreement constitutes the entire understanding between you and OTR regarding its subject matter and supersedes all prior agreements, representations, or communications, whether oral or written.
Nothing in this Agreement limits your rights as a consumer under Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including statutory guarantees regarding services, quality, and fitness for purpose.
OTR may update or modify this Agreement and/or any of the Policies, including updating the OTR Platform pages where they are displayed, from time to time. OTR will notify you of such modifications via your OTR account. You are responsible for reviewing your account regularly to stay informed of any changes.
Unless otherwise stated in this Agreement or a Policy, all changes will take effect 30 days after OTR first notifies you of the modifications. By continuing to use the OTR Platform after the expiry of this 30-day period (or any other notice period specified), you acknowledge the changes and agree to be bound by the Agreement, as amended.
If you do not agree with any changes to this Agreement or any of the Policies, you must terminate your OTR account and stop using OTR Services. Except as expressly permitted, modifications must be in writing and signed by both parties
(a) Subject to clause 21.1(b), the Service Fee for a completed Shift, paid by the Business through the OTR Platform, is fifteen percent (15%) of the Total Shift Value under the Shift Contract. Service Fees are deducted and remitted by OTR in accordance with this Agreement.
(b) If:
(i) the Business is an ongoing client of OTM at the time of the performance of a Shift; and
(ii) the Posted Shift is limited to being seen by Individuals who have been uploaded to the “MyRostrr” section of the OTR Platform,
the Business and OTR may agree to reduce the amount of the Service Fee that is payable by the Business to OTR from the amount set out in clause 21.1(a) to such amount agreeable between OTR and the Business and on such terms and conditions agreeable by OTR and the Business. Subject to any further terms and conditions agreed to between OTR and the Business, for the avoidance of doubt, if any Shift which does not meet the above criteria, the Service Fee will be the amount set in clause 21.1(a).
(c) The applicable Service Fee will be determined by OTR based on the Business classification at the time the Shift is created and accepted.
(d) OTR may determine, acting reasonably, whether a Business qualifies as an OTM Venue for the purposes of this clause.
(e) Service Fees are deducted and remitted by OTR in accordance with this Agreement.