Terms and Conditions - Business

WorkScore Pty Ltd ABN 77 616 926 535 referred to as “WorkScore”, “We”, “Us”.

These Terms and Conditions, the Terms and Conditions – Consumer and the terms of the Privacy Policy (the Terms) govern your access to and use of the WorkScore website (“the Site”), survey and survey feedback (“the Service”). The Privacy Policy can be accessed here.

We may amend the Terms at any time by posting the amended terms on the Site or by notifying you by email. The Terms may not be otherwise amended.

By accessing the Site and the Service you:

  • agree, without alteration, to the Terms; and
  • your payment, in full, of all fees and charges owed to WorkScore.
Do not access or use the Site or Service if you do not accept the Terms.

Licence and Use of the Site and Services
The Site is available only to persons who can form legally binding contracts under Australian law. If you do not qualify, then you must not use the Site.

During the "free trial period" We will grant you, at no cost, a non-transferable licence to use elements of the Site for your own internal business purposes, strictly in accordance with the Terms and Conditions.

Continued use of the Site, after the free trial period has ended, is subject to payment of the licence fees. On payment of the licence fees WorkScore will grant you a non-transferable licence to use the Site for your own internal business purposes, strictly in accordance with the Terms. The Service includes access to the WorkScore survey (the Survey). Participation in the Survey is voluntary.

General Disclaimer
The Service is intended for users who are 16 years of age or older. You must cease using the Service if you are not 16 years of age or older.

The employee will provide information about themselves as prompted by the Survey (the “Survey Data”). The Survey Data will then be analysed and a score issued. You acknowledge that there may be a deficiency or inaccuracy of the Survey Feedback if you or your employees provide Survey Data that is untrue, inaccurate, not current or incomplete. You will not make any claim against WorkScore for any loss suffered as result of the Survey Feedback.

The Survey may not take all of the employee’s individual circumstances into account. In light of the foregoing, We do not make guarantees or warranties about the reliability, accuracy, completeness, suitability or quality, of any material on or accessible through the Site or Survey Feedback

The information provided through the Service is general in nature, and the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional. Nothing contained in the Service is intended to be used as medical advice and the Service is not intended to be used for medical purposes. You must encourage your employee to seek the advice of an appropriately qualified healthcare professional before and after using the Services. If the employee suffers from a chronic disease or pre-existing health condition, the employee should consult a qualified healthcare professional before making any changes to your diet, exercise routine, or taking any medicines or nutritional supplements as a result of information received through the Service. We disclaim all liability and responsibility arising from any reliance you place on the Service in making medical or clinical decisions or otherwise diagnosing, treating or managing a health condition. The Service is to be used in conjunction with advice from your employee’s healthcare professional.

User information and email communications.
To use the Site, you may be required to register by providing certain identification and login information (including an email address), which will be dealt with in accordance with the Privacy Policy.

By using the Services:

  1. you consent to receiving email communications from Us regarding the Services;
  2. you consent to receiving email communications from Us, regarding other products and services offered by Us or other third parties.
You can opt out of receiving email communications from Us at any time by following the unsubscribe instructions contained in each email communication.

You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Service. You agree to notify WorkScore immediately of any unauthorised use of your password or any other breach of security. You are responsible for all activities that occur in connection with the use of your identification and login information for the Service. You indemnify WorkScore from any claims as a result of unauthorised use of the Site.

Information provided

Qualitative Data
The survey contains “free text” elements, where employees can provide further information in their own words. Survey respondents should note that these elements will be reported as they are written (i.e. unedited). You agree to not breach any laws in respect of the material submitted to us, including, without limitation, any anti-discrimination legislation

Overall Information
WorkScore can aggregate information, other than personal information, gathered from the Survey We conduct and use this, together with other information known to Us, to perform industry benchmarking and comparisons. We may also use this information for research, marketing, publishing and/or selling or for sale.

Any material submitted to Us on the Site through the Survey will be treated confidential to the extent set out in the Privacy Policy. Any other information provided to Us will not be treated as confidential and will be deemed non-proprietary, unless indicated by you otherwise.
You agree to keep any information provided to you in respect of your employees confidential. You indemnify Us in respect of any breach of the confidentiality as set out in these terms and conditions.

Acceptance of risk and release from liability.
To the extent permitted by law:

  1. We disclaim all liability and responsibility arising from any reliance your employee or you place on the Service in making medical or clinical decisions or otherwise diagnosing, treating or managing a health condition;

  2. limit WorkScore’s liability to the amount paid by you on an annual basis to WorkScore to use the Site and provide the Services.

You are wholly responsible for your participation and your employee’s participation on the Site and Service and you and your employees use the Site at your own risk.

You acknowledge that We are not responsible for, and accept no liability in relation to, your use of the Site, your conduct in connection with the Site, or your participation in any survey in any circumstance.

You are solely responsible for content that you transmit or post via the Site and in any survey. We disclaim all liability with respect to any content transmitted or posted on the Site or provided in any survey.

You agree to indemnify Us for any loss, damage, demands, claims, cost, expense or liability that We may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site or any survey, including any breach by you of the Terms. To the maximum extent permitted by law, We exclude all implied representations and warranties which might apply in relation to your use of the Site.

To the extent permitted by law, We will not be liable for any direct or indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from any cause (including negligence) caused by or relating to your link to the Site or your participation in any Survey.

If you create a link to the Site you remain fully responsible for any consequences of that link, whether direct or indirect and you will indemnify WorkScore against all loss, damage, liability, cost or expense arising from or in connection with the link.

WorkScore does not guarantee that access to the Website will be uninterrupted or that the Site is free from viruses or anything else which may damage any computer which accesses the Worksite Site or any data on such computer. We are not liable for any loss you may suffer as a result of interruption of the Site or viruses transmitted from the Site.

Intellectual property.
The Site and the Survey are protected by Australian and International copyright and other intellectual property laws. You must obtain WorkScore’s express written permission to reproduce any part of the Site or other intellectual property owned by Us or to create a link to the Site. You agree not to reproduce, retransmit, reverse engineer, distribute, sell, publish, broadcast or circulate any such material to any third party without WorkScore’s express prior written permission.

Any information that you provide to WorkScore through the Website and Survey will become the property of WorkScore and be owned by WorkScore. WorkScore will use the information in accordance with its Privacy Policy.

Links to external websites.
The Site may contain third party advertisements and links to third party websites. Access to any third-party Internet site linked to the Site is provided for convenience only and use of such sites is at your own risk. WorkScore does not control, endorse, sponsor or approve any such third-party websites. We accept no responsibility for the accuracy or reliability of any information, content data, opinions, advice or statements made in any third-party advertisements or on any third-party websites. We are not liable for any loss suffered by you as result of your use of third party websites.

Breach and termination
If you breach the Terms (including the non-payment of fees) We may immediately temporarily suspend or permanently prevent your access to all or certain parts of the Site. This is in addition to other remedies at law.

We may terminate the Services and the Terms, with 30 days’ notice in writing to you. All indemnities and intellectual property rights provided pursuant to the Terms survive termination.

Interference with Site
You must not attempt to add to, change, deface, hack, or otherwise interfere with this Site or the Survey.

We operate the Service in Australia and information contained on the Service may not be appropriate or available for use in other locations. If you access the Service from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.

The provisions of the Terms are severable and if any provision of the Terms is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.

Our failure to act with respect to a breach of the Terms by you or others does not waive WorkScore’s right to act with respect to subsequent or similar breaches. The Terms set out the entire understanding and agreement between you and Us.

These terms and conditions and the Privacy Policy are governed by and construed in accordance with the State of New South Wales. In the event that a dispute arises in respect of these terms and conditions and/or the Privacy Policy, you agree to submit to the non–exclusive jurisdictions of the Courts of New South Wales, Australia.