Terms of Service

What Blacktop is, and is not

Blacktop is an online platform that lets drivers create profiles and lets transport operators post jobs and search for drivers. We provide a listing and introduction service only.

We are not an employer, recruiter, labour-hire provider or party to any arrangement between a driver and an employer. We do not supply or pay drivers. Any hiring decision and any employment or engagement is solely between the driver and the employer. We do not verify, and do not guarantee, the accuracy of listings or profiles, the qualifications or suitability of any driver, or that any job or party is genuine. You deal with other users at your own risk and should make your own checks.

Eligibility and your account

You must be at least 18 years old to use Blacktop. You agree to provide accurate information, keep your login details secure, and you are responsible for activity under your account. Tell us promptly if you suspect unauthorised use.

Your content and the licence you give us

You keep ownership of the content you submit (your profile, listings, messages and uploads). You grant Blacktop a non-exclusive licence to host, store, display and distribute that content as needed to operate the platform. You are responsible for your content and confirm you have the right to post it, including not posting another person’s personal information without their consent.

Acceptable use

You agree not to:

• post false, misleading or fraudulent information;
• scrape, harvest or use automated means to collect driver contact details or other data from the platform;
• use contact details for anything other than contacting a driver about a genuine opportunity, or send spam;
• post unlawful, discriminatory, defamatory, infringing or offensive content;
• post, share or threaten to share another person’s personal information in a way that is menacing, harassing or intended to harm them (doxxing), or otherwise seriously invade another person’s privacy;
• impersonate any person, or interfere with or attempt to breach the security of the platform.

Job listings and anti-discrimination

Employers are responsible for their listings and must comply with applicable law. Listings must comply with the Sex Discrimination Act, the Age, Disability and Racial Discrimination Acts and the Fair Work Act, and must not indicate a preference based on a protected attribute (including age, sex, gender identity, marital or relationship status, pregnancy, race, disability, religion, sexual orientation, or family or carer responsibilities). We follow the Australian Human Rights Commission guidelines for recruitment advertising and may edit or remove non-compliant listings.

Moderation and takedowns

If you believe content on Blacktop is defamatory, unlawful or infringes your rights, send a written complaint to [legal@blacktop.au] identifying the content, its location (URL) and why it is unlawful. We will acknowledge complying complaints and, where appropriate, remove or restrict access to the content within 7 days. Blacktop hosts content provided by its users and is not the author of that content. We may also review, edit, suspend or remove any content or account at our reasonable discretion.

Reporting abuse and harmful content

You can report abusive, illegal or harmful content, including image-based abuse, to [report@blacktop.au]. We act on content that breaches these Terms and comply with removal notices from the eSafety Commissioner. You can also report serious online abuse directly to eSafety at esafety.gov.au.

Privacy

We handle personal information in accordance with our Privacy Policy. Drivers control whether their contact details are visible to employers through their profile settings.

Fees

Blacktop is currently free to use. If we introduce fees in future, we will give you notice, and any fees will apply only to purchases you make after they take effect. If you do not accept new fees, you can stop using Blacktop or close your account without penalty.

Disclaimers

To the extent permitted by law, Blacktop is provided on an “as is” and “as available” basis. We do not warrant that the platform will be uninterrupted or error-free, or that any introduction will lead to a job, a hire or any particular outcome.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can be limited, it is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

Limitation of liability

Subject to the Australian Consumer Law section above, and to the maximum extent permitted by law, Blacktop is not liable for any indirect or consequential loss, or for any loss arising from your dealings with other users or your reliance on any listing or profile.

Indemnity

You agree to reasonably indemnify Blacktop for loss or claims arising from your breach of these Terms or your misuse of the platform, to the extent the loss was caused by you.

Suspension and termination

You can close your account at any time. We may suspend or terminate access where these Terms are breached or where we reasonably need to protect the platform or other users.

Changes to these terms

We may update these Terms from time to time. The current version is always available here. If we make a material change to these Terms, we will give you reasonable advance notice (for example by email or a notice in the app). If you do not agree to a change, you can close your account before it takes effect, at no cost. If you continue to use Blacktop after the change takes effect, you accept the updated Terms.

Governing law

These Terms are governed by the laws of [State or Territory], Australia, and you submit to the courts of that jurisdiction.

Dispute resolution

If a dispute arises, you agree to first contact us at [legal@blacktop.au] and attempt in good faith to resolve it before starting court proceedings, except where urgent relief is needed.

Severability

If any part of these Terms is found to be unenforceable, the rest continues to apply.

Contact us

[Blacktop legal entity name], ABN [ABN]
Email: [legal@blacktop.au]