Terms and Conditions
Welcome to the Place Score Website
1 About these Terms and Conditions
1.1 These terms and conditions govern your use of our Platforms. By using our Platforms, you accept these terms and conditions in full. These terms and conditions apply to everyone who visits and uses our Platforms or submits content for use on our Platforms. These terms and conditions form an agreement between us.
1.2 These terms and conditions may be amended from time to time. Please refer to the “Last Updated” date at the top of these terms and conditions as published on our Platforms.
1.3 You acknowledge and agree that we enter into these terms and conditions in our own right and as agent for our Affiliates. We hold the benefit of these terms and conditions on behalf of our Affiliates and any of our obligations under these terms and conditions may be performed by us or any of our Affiliates.
2 Accessing the Platform
2.1 You may access and use the Platforms and the Content only as permitted by these terms and conditions.
2.2 To access and use the Platforms and Content, you must:
2.2.1 agree and warrant to use the Platforms and Content in accordance with these terms and conditions; and
2.2.2 be a registered User.
3 Licence
Unless otherwise indicated, we or our Affiliates own or license from third parties all rights, title and interest (including Intellectual Property Rights) in the Platforms and the Content including any improvements. Your use of and access to the Platforms and the Content does not grant or transfer any rights, title or interest (including Intellectual Property Rights) to you in relation to the Platforms or the Content. Subject to the terms of the license below, all these intellectual Property Rights are reserved.
3.1 You may view, download for caching purposes only, and print pages and documents from the Platforms for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
3.2 You must not:
3.2.1 republish material from our Platforms (including republication on another platform);
3.2.2 sell, rent or sub-license material from the Platforms;
3.2.3 show any material from the Platforms in public;
3.2.4 reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
3.2.5 edit or otherwise modify any material on our Platforms; or
3.2.6 redistribute material from the Platforms – except for content specifically and expressly made available for redistribution.
3.3 Where content is specifically made available for redistribution, it may only be redistributed with our permission.
4 Registration and Login Credentials
4.1 Once your Employer has registered you as a User by providing us with your contact details, we will provide you with log-in details for you to access the Platforms.
4.2 When you log-in to the Platform, you may be prompted to update or select your own log-in details for use in accessing the Platform. You must keep your log-in details secure and confidential.
4.3 We will not be liable for any Loss arising out of or in connection with your failure to maintain the security of your log-in details.
4.4 You are fully responsible for all activities carried out under or using your log-in details (whether or not authorised by you). You must immediately notify us of any unauthorised use of your log-in details or any other breaches of security.
4.5 If your Employer has nominated you to be an Administrator or Payroll User, you must comply with, and not seek to circumvent, any restrictions imposed on Administrator Access or for Payroll Users by us and/or by the Employer from time to time. We may suspend or remove your Administrator Access at any time without notice for any reason whatsoever.
5 Access conditions
5.1 The Platforms are for your personal, non-commercial use only. You must not use this our Platforms, or any content published on our Platforms, to further any commercial purpose, including any advertising or advertising revenue generation activity.
5.2 You must not use the Platform, Content or data in a way that will or is likely to:
5.2.1 damage ours or any of our Affiliate’s reputation;
5.2.2 damage the availability or integrity of the Platforms;
5.2.3 interfere with the use of the Platforms by others or could compromise any of the networks or servers used by the Platforms or Users;
5.2.4 circumvent any access restrictions within the Platforms that apply to Employer or any User or Administrator;
5.2.5 violate or infringe ours or any of our Affiliate’s rights in the Platforms, any materials or content published on our Platforms or data, including Intellectual property rights; or
5.2.6 causes or threatens to cause us to incur any legal, tax or regulatory liability.
5.2.7 If we allow you to post any information to the Platform, we have the right to take down this information at our sole discretion and without notice.
5.3 When you submit Content to us, you retain your rights in relation to it, however you grant us a perpetual, worldwide, non-exclusive royalty-free licence to use publish, reproduce, copy, adapt and modify that content. No compensation will be paid for any Content that you submit.
5.4 You promise that you own or licence all necessary rights in the content that you submit. That includes copyright. You agree that you waive any moral rights you may have in the Content that you submit.
5.5 Any Content that you submit must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or us.
5.6 Notwithstanding our rights under these terms and conditions in relation to your Content, you are responsible for any Content that is submitted to us and is posted on our Platforms. We may not monitor the submission of such Content to, or the publication of such content on our Platforms.
6 Your data and privacy
6.1 We will (and will procure that our Affiliates will) handle your personal information in accordance with our Privacy Policy (available at www.Placescore.org/privacy). By providing your personal information to us (including through your use of the Platform), you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy.
6.2 During the Term, we may (but are not required to) continue to provide you with access to:
6.2.1 the Platform; and/or
6.2.2 data provided by you and, where permitted by your Employer, certain data about you that has been provided to us by your Employer (together, User Data),
even following cessation of your contract of employment or services with that Employer. However, we do not have any control over any data that was provided by your Employer. Any request to access this data must be made directly to your Employer and not us.
7 Confidential information
7.1 You must not disclose or use any Confidential Information except:
7.1.1 with our prior written consent or the prior written consent of an Affiliate;
7.1.2 if required by law or a Government Agency;
7.1.3 if it is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
7.1.4 to your legal advisers, insurers or consultants.
8 Updates and enhancements
8.1 We may (but are not required to):
8.1.1 provide standard or progressive updates, changes or amendments to the Platform as we see fit to ensure proper operation and interaction of all parts of the Platforms and any general enhancements that may be introduced; and
8.1.2 offer new services and features for the Platforms, which will be subject to these terms and conditions.
9 Third party material
9.1 Your use of the Platforms may or may not require the installation of third-party software or products. You agree that:
9.1.1 this is entirely your responsibility; and
9.1.2 we are not responsible in any way for making any recommendations about, supplying or installing such software or products.
9.2 You acknowledge and agree that:
9.2.1 the Platforms may contain content and information drawn from a variety of third-party sources and may from time to time make available to Users third party products or services (Third Party Material);
9.2.2 we do not endorse, are not liable for and make no representation or warranty in respect of any Third-Party Material; and
9.2.3 the links to third party websites or other information sources that are contained on the Platforms may not remain current or be maintained.
9.3 You acknowledge and agree that we or our Affiliates may subcontract the provision of any services or products (whether whole or in part) available via our Platform to third parties.
10 Termination
10.1 These terms and conditions automatically terminate if, for any reason, we cease to operate the Platforms. If you don’t agree to these terms and conditions, then you must cease to use our Platforms.
10.2 We may otherwise terminate these terms and conditions immediately, on notice to you, or suspend your use and/or registration of the Platforms if you have breached these terms and conditions in any way. and prevent you from using our Platforms in the future.
10.3 Upon termination, you must stop using the Platforms and Content, and we reserve the right to delete your account and all data provided by or about you.
11 Warranties and disclaimers
11.1 You acknowledge and agree that to the maximum extent permitted by law:
11.1.1 the Platforms and all Content are made available “as is” and we and our Affiliates make no warranties or representations about the Content and any warranties, representatives or endorsements (express or implied) are excluded from these terms and conditions except to the extent prohibited by law;
11.1.2 We and our Affiliates do not accept any liability for delays, interruptions, service failures and other problems relating to the Platforms or our Content outside our reasonable control or the reasonable control of our Affiliates;
11.1.3 We (including our Affiliates) disclaim all liability in connection with any Third-Party Material;
11.2 We (including our Affiliates) (where applicable) implement security measures but cannot guarantee the security of the Platforms or that the Employer Content will always be secure.
11.3 Subject to these terms and conditions, we will use commercially reasonable efforts to make the Platforms available, subject to the need to conduct scheduled and emergency maintenance from time to time.
11.4 We do not warrant that:
11.4.1 the Platforms will be constantly available, or available at all; or
11.4.2 the information on our Platforms is complete, true, accurate or non-misleading.
Nothing on our Platforms constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.
12 Indemnity and liability
12.1 You will defend, hold harmless and indemnify us and our Affiliates and their personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by them arising out of or in connection with:
12.1.1 any data or content (including personal information) disclosed by you in connection with these terms and conditions;
12.1.2 a breach by you of these terms and conditions;
12.2 If you are a consumer for the purposes of the Australian Consumer Law (“ACL”), you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our goods/services are excluded.
12.3 To the extent permitted by law, (including the provisions of the ACL in relation to “major failures”), our liability for breach of any consumer guarantees and non-excludable rights is limited at our option to any one or more of the following:
12.3.1 in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
12.3.2 in the case of advice, recommendations, information or services, by supplying the advice, recommendations, information or services again, or by paying the cost of supplying the advice, recommendations, information services again.
12.4 To the extent permitted by law, we are not liable to you for any consequential or indirect loss of any nature including loss of profits, failure to make anticipated savings, loss of goodwill or damage to reputation, business interruptions or business downtime.
13 General
13.1 These terms and conditions are governed by, and, construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
13.2 No failure to exercise or delay in exercising any right, power or remedy under these terms and conditions operates as a waiver.
13.3 If any provision of these is held by a court to be illegal, invalid or unenforceable under the applicable law, that provision will be severed from these terms and conditions and the remaining terms and conditions will be unaffected.
14 Definitions
The following definitions apply unless the context requires otherwise.
14.1 Administrator means any person nominated by the Employer who is responsible for administrating the Employer’s human resources functions in relation to the Platforms.
14.2 Administrator Access means:
14.2.1 access to certain information selected and made available by us or our Affiliates about the Users and the use of our Platforms by such Users;
14.2.2 the ability to upload and display Employer Content for inclusion on our Platforms and to manage the settings for presentation of such Content; and
14.2.3 access to any other information or Platform functionality made available by us or our Affiliate to Administrators from time to time.
14.3 Affiliate means any legal entity, company, corporation, firm, partnership or other entity that is:
14.3.1 controlled by us or is under our common control within the meaning for the Corporations Act 2001; or
14.3.2 our related body corporate within the meaning of the Corporations Act 2001
14.4 Confidential Information includes all information of a confidential nature relating to us, our Affiliates, the Platform, the Content or such other information exchanged between you and us or any Affiliate as a result of entering into these terms and conditions, whether in writing, electronically or orally but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by you.
14.5 Content means any content, data or materials (including all text, graphics, logos, audio and software) made available to you on or via the Platforms.
14.6 Employer means the entity which has engaged us to provide you with access to the Platform.
14.7 Governmental Agency means any government or any governmental, semi-governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange.
14.8 Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this Agreement, and whether in Australia or otherwise.
14.9 Loss means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis).
14.10 Payroll User means the Personnel involved in processing or approving Employer’s payroll.
14.11 Personnel means in respect of a person any employee, contractor, servant, agent, or other person under the person’s direct or indirect control and includes any sub-contractors.
14.12 Platform means our website and other e-commerce technology including apps and mobile telephone platforms.
14.13 Privacy Policy means the policy that is available at www.placescore.org/privacy.
14.14 User means a person whose details have been imported by an Employer onto our Platform, or who have been sent a link by an Employer prompting them to use and input their details into the Platform.
14.15 You/your means a User of our Platforms and includes an Employer.
14.16 We/us/our means Place Score Pty Ltd (ABN 46 607 120 892).
LAST UPDATED DATE: OCTOBER 2019