Terms and Conditions

Last Updated 14 August 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website and The 88th Day mobile application (the "Service") operated by The 88th Day ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Site and all of its original content are the sole property of The 88th Day and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.

Privacy

The full Privacy Policy is available here and complies fully with the Terms.

Payment

All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the right to any services provided. If no payment is received, no details of employment will be released.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation to, your name, phone number, email address, credit or debit card details.

Paid Services

The service provided of securing specialised work for individuals on the 417 or 462 Working Holiday Visa in Australia, enabling these individuals to begin a term of employment with specified employers. Once the term of employment has begun it is the responsibility of you (the employee) to maintain a good working relationship with the employer, satisfying the requirements of the job and work outlined by the employer. If you do not meet the expectations of the employer, they are eligible to discontinue employment at their own discretion. Once the term of employment has begun, The 88th Day holds no responsibility with regards to the job security of the employee. No refunds of the service fee are available following this sequence events. The same applies to any cases of discontinued employment due to unforeseen sickness, ill-health or injury. These are matters to be deliberated between employee and employer only.

By agreeing to these terms you are confirming your eligibility to legally work in Australia and that your personal details provided are true and correct.

The 88th Day constantly attempts to improve Services, this may result in changes to the service provided. The 88th Day may add, alter, or remove functionality from a Service without prior notice. The 88th Day may also limit, suspend or discontinue Service at its discretion. Any changes made to our Service will be notified to you, where possible, by email.

The 88th Day Subscriptions

Subject to you making the starting a subscription with us, the restrictions set out in this clause 2 and the other terms and conditions of this agreement, we hereby grant a non-exclusive, non-transferable right to permit the your device to use the Services and the Documentation during the Subscription Term.

In relation to your authorised device, you undertake that:

(a) the only devices that you are authorised to access and use the Services and the Documentation shall belong to the account that the subscription was purchased by.

You shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) in a manner that is otherwise illegal or causes damage or injury to any person or property;

and we reserve the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause.

You shall not:

(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:

(i) and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App and/or Documentation (as applicable) in any form or media or by any means; or

(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App; or

(b) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or

(c) use the Services and/or Documentation to provide services to third parties; or

(d) subject to clause 20.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except the Authorised Venues; or

(e) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 2.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.

The rights provided under this clause 2 are granted to you only, and shall not be considered granted to any subsidiary or holding company of you.

We shall, during the Subscription Term, provide the Services and make the Documentation available to you subject to the terms of this agreement.

We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for any planned and unnecessary maintenance carried out.

We will, as part of the Services and at no additional cost to you, provide you with our standard customer support services during Normal Business Hours in effect at the time that the Services are provided.

The 88th Day may change the fees charged for the Services at any time, for the most up to date pricing structure please refer to our website prior to any purchase.

Cancellation

A service may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.

Contact Us

If you have any questions about these Terms, please contact us.

These terms and conditions are subject to change.