REMconnect Site Terms of Usage
By using the Services you agree to be bound by these Terms.
1. Provision of Services
1.1 These Terms apply to the entire content of https://remconnect.mastertek.com.au (the“Website”), the use of software and services provided, downloaded or accessed through the Website, including reporting and analysis tools known as REMview and MJES, and associated support services (the “Services”).
1.2 Mastertek Pty Ltd is the owner and provider of the Services.
2. Your Account
2.1 In order to open and use a REMConnect “Account” you must provide and keep up to date:
- a valid employer’s email address; and
- certain other information required during the registration process.
2.2 You are solely responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.1 “Confidential Information” means any information and all other knowledge at any time disclosed (whether in writing or orally) to us which:
- is by its nature confidential; or
- is designated, or marked, or stipulated as confidential; or
- that we know or ought to know is confidential;
3.2 But does not include information which:
- is or becomes public knowledge other than by breach of these Terms;
- is in the lawful possession of Mastertek before the commencement date of these Terms;
- has been developed or acquired by Mastertek independently of the carrying out of activities in relation to these Terms; or
- is ascertainable through independent enquiries; or
- is required to be disclosed pursuant to law, regulation, legal process or a regulatory authority.
3.3 Mastertek will not use or disclose Confidential Information to any other person without the express written consent of the party who was the source of such Confidential Information.
3.4 You agree and acknowledge that the Services incorporating https://remconnect.mastertek.com.au, including, without limitation, the information contained on its database, its table structures, queries and reports, their arrangement, organisation and methods of interaction, the algorithms and other database artefacts, the site’s structure, all textual and graphic materials, and all technical information and other content appearing on the site and their modifications and enhancements, are confidential and trade secret information that is proprietary to and owned solely by Mastertek, together with all related copyrights and trademarks. Other confidential and trade secret information of Mastertek may be revealed in the future.
3.5 You agree to hold all such proprietary and confidential information of Mastertek’s in the strictest confidence. You may not modify, sell, transfer or otherwise provide any of Mastertek’s proprietary and confidential information, in whole or in part, in any form to any person or entity who is not a registered client contact, or an employee of Mastertek who needs access to the information to facilitate your license use of the Website and Services.
4. Proprietary Rights
4.1 You acknowledge and agree that Mastertek owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by Mastertek and that you shall not disclose such information without our prior written consent.
4.2 You agree that you will not (nor permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services, or any part thereof, unless this is expressly permitted or required by law, or unless you have been given specific written permission from us to do so.
5. Fees, Registration and Payment
5.1 The fees for Services will be provide to you and agreed in writing.
5.2 You acknowledge that you are accessing the Services on the basis that all applicable fees have been paid in advance.
5.3 You acknowledge that should any applicable fees remain unpaid, we reserve the right to restrict access to the Services.
6. Information to be provided
6.1 Any information that you are required to supply (or which is required on your behalf) is expected to be complete and accurate. We may review the data you submit for completeness and obvious errors. You agree to work with us on a timely basis to answer follow up questions that arise from its review and to correct any identified problem, omission or errors.
6.2 Any third party market data (such as data from other remuneration surveys) that you provide to Mastertek or upload to Mastertek systems shall be held in the strictest confidence. Third party data shall not be made available to any other organisation or be used by Mastertek for any purpose other than to provide services to your organisation.
6.3 You may supply us with specific and general information about the type and amount of remuneration and reward paid to the staff in your organisation (“Pay Information”). Subject to clauses 3.1, 3.2 and 3.3 we may retain any of this Pay Information that you supply to us during and beyond our service contract. You acknowledge that we may use this Pay Information for the purposes of the delivery of services to other organisations so long as that information is in aggregate form and that you or your organisation’s information shall not be uniquely identifiable.
6.4 You acknowledge and accept that:
- you remain accountable for the accuracy of your data,
- we cannot predict or guaranteed sample sizes and response rates; and
- all figures and information obtained through the Website and Services will be subject to the limits of statistical errors and rounding.
7. Website and Service Access
7.1 Whilst Mastertek endeavours to ensure that the Website and Service is normally available 24 hours a day, it shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
7.2 Access to the Website and the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Mastertek’s control.
7.3 Mastertek will provide a help desk during normal business hours, that is, between 9a.m. and 5p.m., Monday to Friday (excluding public holidays) Sydney Australia time.
7.4 Mastertek will endeavour to respond to all support requests within two (2) business days of the support request being received, either electronically or by telephone.
8.1 While Mastertek endeavours to ensure that the information provided on the Website and the information provided in connection with the Service is correct, Mastertek does not warrant the accuracy and completeness of such material. Mastertek may make changes to the material on the Website or to the Service, at any time without notice.
8.2 The material on the Website and accessed by use of the Services are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Mastertek provides you with access to the Website and Services on the basis that the it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website or the Service.
8.3 You acknowledge that:
- the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services meet your requirements;
- it is not possible to test the Service in advance in every possible operating combination and environment;
- it is not possible to produce a Service known to be error free in all circumstance; and
- any material downloaded or otherwise obtained through the use of the Website and Services is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
9.1 Mastertek and any of Mastertek’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or Services in any way or in connection with the use, inability to use or the results of use of the Website or Service.
9.2 If your use of material on the Website or Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.3 The Services are not intended to provide advice or recommendations. You acknowledge that Mastertek is not responsible or in any way liable for the decisions or actions you may make through the use of the Services.
9.4 Subject to clause 9.1 and 9.2, Mastertek’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which you are obliged to pay Mastertek in the twelve (12) month period immediately prior to the period giving rise to such Claim.
9.5 You agree to defend, indemnify and hold Mastertek harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from any violation on your part of these Terms or any third-party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive any termination of these Terms. You agree to hold harmless and indemnify Mastertek and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of the Website and Service, violation of these Terms or any other actions connected with use of the Website and Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Mastertek will provide you with written notice of such claim, suit or action. This obligation shall survive any termination of these Terms.
10. 1 You can cancel your account at any time via an email request to Mastertek. Cancellations will take effect immediately.
10.2 Any cancellation of your account will result in the deactivation or deletion of your account or your access to your account.
10.3 Mastertek may retain your residual information in our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate in writing that you want us to do so.
10.4 If you choose to cancel then any fees paid shall not be refunded.
11. Governing Law and Jurisdictions
11.1 These Terms is governed by the laws of New South Wales, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State.
12. Transfer of Rights and Obligations
12.1 These Terms are binding on you and us, and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of these Terms or any of your rights or obligations arising hereunder, without our prior written consent.
13. Events Outside Our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
14.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.