Subscriber Terms of Use – Important Please Read Carefully

Website operation
This website is owned and operated by Worksorted Pty Ltd (ACN 134 941 423) (collectively, “Worksorted”, “we”, “us” or ‘our”) under the domain name worksorted.com (“the website”).

A reference to “you” or “your” is a reference to you the subscriber.

These terms also form a separate contract with each administrator and user who accesses the website, in this case, references to you and your include those administrators and those users.

Use of website subscription
Congratulations on subscribing to Worksorted!

Your subscription and your use of the information, materials and services provided on the website is conditional upon your acceptance and compliance with the terms, conditions, statements, notices, policies and disclaimers contained on this website (“Terms”).

Your continued subscription and your on-going use of the website means you accept these Terms. If you do not wish to be bound by these Terms you must discontinue your subscription and discontinue accessing, browsing and/or using the website.

Worksorted reserves the right to amend these Terms at any time. In such an event, we will provide notice by publishing the varied Terms on the website. You accept that by doing this, we have provided you with sufficient notice of the variation.

Description of website subscription services
The website and the services contained herein are designed to assist you and your financial services business by providing you with the means to:

  1. store data;
  2. efficiently manage your workflow, revenue and client relationships; and
  3. assist your financial services business and any linked professionals to share relevant information about your workflow and clients in a secure, on-line environment.

Collectively “The subscription services”.

For further information regarding how we collect and use your business and personal information, please refer to our Privacy Policy.

Term
Subject to these terms, the Contract operates for a period of 12 months from the date on which your Worksorted profile commenced (Initial Term).

At the end of the Initial Term and on each subsequent anniversary of the commencement date of the Initial Term, the subscription services will automatically renew for a further term of 12 months (each a Renewal Term), unless terminated in accordance with the terms of this Agreement.

Subscription fees
Financial advice businesses subscribe to Worksorted based on a license fee agreement. You may choose to pay this fee on a monthly or annual upfront basis. The license fee covers any or all direct employees of the practice. However, the license fee does not cover individuals outside the employ of the licence holder.

Worksorted may also provide certain additional services at your request and at your cost (the Additional Fees). A schedule of the Additional Fees and the services is set out on Worksorted’s website at the following address (https://www.worksorted.com/infoPreLogin/about.php). The Additional Fees are subject to variation at any time by Worksorted by publishing the varied Additional Fees at the previous website.

Worksorted provides each financial planning practice Group with a storage capacity of 1GB as part of their Worksorted licence fee. File storage above 1GB will be charged at the rate published by Worksorted together with the Additional Fees and each part of 1GB will be rounded up to the next whole GB e.g. assume a charge of $5 per GB utilised, a practice storing 2.75GB of data will be invoiced $10 per month (plus GST) in addition to their base licence fee. Data storage is assessed at the end of each calendar month and additional storage invoiced accordingly.

By subscribing to Worksorted and utilising the subscription services you undertake to pay the subscription fees and the Additional Fees as and when they fall due.

Your invoice will be sent to the email address that you have provided. It is your responsibility to advise us of any change in your contact details. Any invoice which remains unpaid for thirty (30) days after the date specified in the invoice for payment will be regarded as being in default.

We reserve our right to prevent subscriber access to the subscription services in the event of payment default. Access to the subscription services may be cut without further notice to you.

Intellectual Property Rights
The material and source code contained on this website (including the subscription services) is protected by copyright.

Except to the extent permitted by relevant copyright legislation, you must not use, reproduce, modify, adapt, transmit, store, print, publish or distribute the material on the website, or create any other material using material on the website, without obtaining our prior written consent. The trademarks appearing on the website (whether registered or unregistered) are primarily our trademarks or of those of our affiliates or advertisers.

You agree that all the materials displayed on or available through the website, including without limitation any and all names, logos, data, information, text, graphics, advertisements and underlying software displayed on or available from the website are protected by copyright, trade mark and other intellectual property laws and are available for your personal use only.

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by Worksorted or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the website must not in any way infringe the intellectual property rights of any person.

Ownership of Client Data
Worksorted acknowledges and agrees that Worksorted does not acquire any right, title or interest in the client data owned or supplied by you and which is hosted and stored on Worksorted. During the Initial Term and the Renewal Term, you grant a licence to Worksorted to use your client data solely for the purpose of Worksorted complying with its obligations under these Terms.

Worksorted will comply with all privacy laws in relation to such client data and will not do anything which would cause you to be in breach of its privacy law obligations in relation to such data.

Within 30 days of termination or completion of the Initial Term or the Renewal Term (as appropriate), Worksorted will:

  • export and return to you all of its client data in a reasonable format; and
  • delete all of your client data and provide a certificate of destruction to you in a reasonable form except that Worksorted will not delete any encrypted back-ups of your client data which are necessarily commingled with the client data of other persons. If there are encrypted back-ups, Worksorted will continue their usual back-up procedure in the usual course so that such encrypted back-ups are superseded and deleted and, Worksorted undertakes not to access or extract your client data from those encrypted back-ups.

Validity of Data
This website, the software and the subscription services comprise an automated system which process your client data and provide an output product. The validity or correctness of your client data is not verified or checked by this system.

We are not responsible for the validity or correctness of the client data supplied by you. You solely bear the risk that the output product of the system is incorrect because of invalid or incorrect client data and you release us from any liability in respect of the same.

Right to modification and change
We reserve the right to amend, modify, delete or make changes and corrections to any part of the website, software and subscription services at any time without notice.

Information does not represent professional advice
The information and material provided on or through the website is provided as general information only and should not be regarded as a substitute for professional legal or financial advice. Prior to entering into a transaction or taking any particular course of action in connection with the information you receive from the website, you should make your own inquiries and seek independent advice tailored to your specific circumstances and objectives.

Termination of Agreement
The user must advise Worksorted in writing to terminate subscription. Subscription fees will not be reimbursed in part or in full. Unless otherwise advised, the client will retain access to the Worksorted profile until the end of their subscription period.

Client and Revenue information belonging to the client in Worksorted may be exported at any time by the client. Should additional exports be required, Worksorted retain the right to charge an hourly rate for extraction and provision of this data.

All client information is stored in encrypted back-up for a 4 month period and therefore all client data will be destroyed within this time frame should the client advise of termination of their subscription to Worksorted.

No Guarantees as to the Service
The website may contain downloadable materials and links to external websites.

Worksorted is not responsible for, and has no control over, the content of downloadable materials or external websites.

You understand that we cannot and do not guarantee, warrant or represent that a file or software of any kind, or from any source, available for downloading through the website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.

Disclaimer and Limitation of Liability
Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Worksorted and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

Privacy
By using the website, you agree to our Privacy Policy.

Security
When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond our control.

You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

Your data stored within the website is secured by a 256-bit Secure Sockets Layer (SSL) Certification Encryption. This provides the strongest encryption available.

Worksorted takes reasonable steps to protect the security of your personal information in accordance with our Privacy Policy.

Although we regularly review and implement new security and encryption technologies, no data transmission over the internet can be guaranteed to be totally secure. Whilst we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us or obtain from our online services. Accordingly, use of the website and its services is entirely at your own risk.

Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.

Server Relocation
Worksorted may review the way in which Worksorted data is hosted, back-up, stored, secured and encrypted from time to time. Worksorted agrees to notify you immediately in writing of any changes to the way in which Worksorted data is hosted, back-up, stored, secured and encrypted by giving no less than 30 days notice in writing to you.

Security Breach
Worksorted must notify any breach in security of your client data committed by Worksorted or any third party service provider procured by Worksorted as contemplated under these Terms to you as soon as practicable but no later than 1 business day after Worksorted becomes aware of such breach. Worksorted must also, as soon as practicable but no later than 7 business days after Worksorted becomes aware of a security breach of your client data, notify you in writing of the nature and extent of the breach and the action taken or to be taken by Worksorted and/or the relevant third party contractor (as applicable) to resolve the current breach and to mitigate any future security breach of your client data.

A business day means a day which is not a public holiday, a bank holiday a Saturday or a Sunday under the Holidays Act 1910 (SA).

System Malfunction
If for any reason your network connectivity to Worksorted and/or its Worksorted profile is unavailable or unserviceable due to a Worksorted system malfunction (System Malfunction), Worksorted must at its cost use all reasonable endeavours to rectify that System Malfunction.

If a System Malfunction continues for 2 business days, Worksorted must at its cost use all reasonable endeavours:

  • to assist you to access its client data through other reasonable means; and
  • acting with proper diligence and in good faith, to develop and implement strategies to overcome the System Malfunction and to manage, rectify and minimise interruptions to your business operations.

Worksorted is not responsible for inability to access Worksorted’s systems because of a malfunction with your systems (or systems under your control) or due to third parties where those third parties are not controlled by Worksorted (including, but not limited to, your internet service provider (ISP), internet routing servers, domain name servers (DNS) and root name servers).

Passwords
You have nominated a secure password which you need to reproduce every time you access the subscription services.

Worksorted cannot protect your data from any party who reproduces your password and accesses your data without your consent and Worksorted will not be liable for any losses that you incur as a consequence of unauthorised use of your password.

You should not disclose your password to any other person. If you write your password down, you should ensure that you keep it in a secure place that cannot be accessed by any other party. You should ensure that your password is complex and cannot be successfully guessed by any associate of yours.

You should review and amend your password on a regular basis.

Warranties
Worksorted warrants to you that:

  • its equipment and software will be in excellent working order;
  • it, its employees, subcontractors and agents will carry out their duties pursuant to the Contract faithfully, efficiently, diligently, skilfully and with due care and skill; and
  • it has the necessary knowledge, experience, equipment, trained staff and facilities required to deliver the services (including, but not limited to, your Worksorted profile) as contemplated under the Contract in a timely manner and with skill and care, in accordance with applicable laws and best industry standards and practices.

Confidentiality
The parties to the Contract must keep the contents of the Contract and all information (of any kind whatsoever) made available to it, in connection with, or in the course of performance of the Contract, confidential and must not disclose the same to any other person without the prior written consent of the other party.

This clause does not apply to disclosure of information in the following circumstances:

  • any disclosure required by law;
  • in the case of information already in the public domain (otherwise than by a breach of this clause);
  • to solicitors, barristers or other professional advisers under a duty of confidentiality;
  • to a party’s employees, contractors, agents or representatives, provided that such persons first agree to treat the information as confidential and secret as required by this clause;
  • to a third party who is a related body corporate.

This clause survives termination or expiry of the Contract.

Termination
The Contract may be terminated:

  • with agreement of both parties;
  • by either party if:

(a) the other party breaches a material term of the Contract;

(b) that party provides notice setting out the nature of the breach and that party’s reasonable requirements to remedy the breach to the other party; and

(c) the other party does not rectify the breach within 10 days of receipt of that notice;

  • if a party gives no less than 90 days written notice prior to the end of:

(a) the Initial Term; or

(b) each subsequent Renewal Term,of its intention to terminate the Contract at the end of that period; or

  • if a party becomes an externally-administered body corporate (or insolvent under administration) and the other party gives notice of its intention to terminate the Contract.
  • If the Contract is terminated, each party is released from any future obligations to further perform the Contract (but without prejudice to accrued obligations).

Despite any other provision of the Contract, no termination of this Contract affects the obligations of each party as detailed in the Contract under the headings “Interpretation”, “Ownership of Client Data”, “Warranties” and “Confidentiality”, which survive termination and remain in force and effect in accordance with their terms.

Dispute
If a claim or dispute arises between the parties under or in connection with the Contract (Dispute), the parties must resolve the Dispute on the terms of this clause.

In the case of a Dispute, a party may deliver a notice (Dispute Notice) to the other party requesting that the Dispute be referred to the senior representatives of the parties.

The senior representatives of the parties, who have the capacity to bind the parties must meet to attempt to resolve the Dispute no later than 5 business days after the date of the Dispute Notice.

Litigation in respect of the Dispute cannot be commenced until the process in this clause has been followed and at least 20 business days have passed since the referral of the Dispute to the senior representatives except for urgent interlocutory proceedings in order to limit or prevent the amount of a claim or dispute by a party.

Notices
Unless otherwise specified in this Contract, all notices, requests, demands, consents, approvals, agreements or other communications to or by a party under or in connection with the Contract (Notice) must be given in accordance with this clause:

  • a Notice can only be in writing and signed by the party or its agent;
  • A Notice can only be given to a party:

(a) personally;

(b) by registered post to the recipient’s last known place of business. Notice by post is deemed to be received at the time at which the letter would be delivered in the ordinary course of post;

(c) by facsimile transmission;

(d) by email; or

(e) as permitted by law.

In the case of facsimile or email, notice is taken to be given upon receipt under the Electronic Transactions Act 2000 (SA).

Amendment
The Contract can only be amended by written agreement of both parties.

Jurisdiction
The use of the website is governed by, construed and enforced in accordance with the laws of South Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia and its respective courts of appeal in that regard.

The website may be accessed throughout Australia and overseas. Worksorted makes no representations that the content of the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

Severability
If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.

Reservation of rights
Any rights not expressly granted to you herein are reserved by Worksorted.