WorkScore Pty Ltd ABN 77 616 926 535 referred to as “WorkScore”, “We”, “Us”.
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:
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.
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.
By using the Services:
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
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.
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:
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.
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.