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Terms and Conditions - Consumer


Welcome to WorkScore.

These Terms and Conditions 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.


By accessing the Site and the Service you agree to the Terms. Do not access or use the Site if you do not accept the Terms.


Important notice: WorkScore will provide feedback on how your lifestyle habits align with recommendations contained in the Australian Dietary Guidelines, World Health Organisation and The Australian Department of Health. While the Survey has been developed by extensive research that has been subject to academic peer review, it is not intended to be, and should not be relied on as a diagnosis or treatment advice for specific medical conditions. In particular, any feedback generated by your use of the Service will not take into account any pre-existing medical conditions or other individual circumstances (such as use of vitamin and/or mineral supplements or any food allergies). As a result, any assessment generated by the Service may not be a complete representation of your individual circumstances. You acknowledge that the Service is not a substitute or replacement for the independent advice of a qualified healthcare professional. The Service is to be used in conjunction with advice from your healthcare professional.


Any personal information you supply will be dealt with by the Provider in accordance with the Privacy Policy, and by accepting the Terms you consent to such use. The Service is owned and operated by WorkScore Pty Ltd ABN 77 616 926 535. WorkScore Pty Ltd ABN 77 616 926 53 and its related body corporates are hereinafter defined as “WorkScore “, “We” or “Us”


We may amend or modify the Terms at any time by posting a revised version on the Site. Any subsequent access to or use of the Site, or participation in any survey after any amendments have been made to the Terms will be deemed to constitute your acceptance of those changes. You should discontinue your use of the Site and your participation in any survey if you do not consent to any changes to the Terms.


Access to and use of the Service.

The Service includes access to the WorkScore Survey (the survey) and 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.


General disclaimer

  1. You agree to provide true, accurate, current and complete information about yourself as prompted by the Survey (the “Survey Data”). The Survey Data will then be analysed and a score issued. You acknowledge that you are solely responsible for the deficiency or inaccuracy of the Survey Feedback if you provide Survey Data that is untrue, inaccurate, not current or incomplete. The Survey may not take all of your individual circumstances into account. In particular, it does not account for any vitamin and/or mineral supplements that you have been or are taking, and only requests information about a selection of foods that are commonly consumed in Australia (so may not include all types of food you typically consume). 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 Service, including your Survey Feedback.

  2. The information provided through the Service (including the Survey Feedback) 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 are encouraged to seek the advice of an appropriately qualified healthcare professional before and after using the Services. If you suffer from a chronic disease or pre-existing health condition, you 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.

Site access

WorkScore does not guarantee that access to the Site will be uninterrupted or that the Site is free from viruses or anything else which may damage any computer which accesses the 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.


User information and email communications.

To use the Service, 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 respondents 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.


Acceptance of risk and release from liability.

To the extent permitted by law:

  1. 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;
  2. limit WorkScore’s liability to the amount paid by you to WorkScore to use the Site and providing the Service.

You are wholly responsible for your participation on the Site and/or in any Survey and you 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 (whether online or offline) 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 in connection with 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.


Confidentiality

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.


Intellectual property.

The Site and the Survey are protected by Australian and International copyright and other intellectual property laws. You may use material on this Site for your personal, non-commercial use only. 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 Site and Survey will be owned by WorkScore. WorkScore will use the information in accordance with its Privacy Policy. As set out in the Privacy Policy this may include providing reports to your employer in relation to your responses in the Survey.


Links to external Sites.

This Site may contain third party advertisements and links to third party Sites. 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.


Interference with Site

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


Termination

We may terminate the Services and the Terms at any time. We will immediately prevent you from access to all or certain parts of the Site on termination. All indemnities and intellectual property rights provided pursuant to the Terms survive termination.



General.

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.


Jurisdiction

The Terms are governed by and construed in accordance with the State of New South Wales. In the event that a dispute arises in respect of the Terms, you agree to submit to the non –exclusive jurisdictions of the Courts of New South Wales, Australia.