WORKSORTED PTY LTD
WEBSITE TERMS AND CONDITIONS
The “Worksorted” website located at www.worksorted.com (the “Website”) is owned, controlled and operated by Worksorted Pty Ltd (ACN 134 941 423) (“we”, “our”, or “us”).
The terms and conditions set out below (the “Terms and Conditions”) apply to the use of the Website by you (the “User”, “your”). The Website is available for you to use conditional on your acceptance of these Terms and Conditions. By accessing or using the Website, you agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the Website.
We reserve the right to amend these Terms and Conditions at any time. Notice of any amendments will be displayed on the Website. Your continued use of the Website following any amendment to the Terms and Conditions shall constitute acceptance by you of that amendment and you will be bound by the Terms and Conditions as amended. You should familiarise yourself with these Terms and Conditions and check for updates regularly.
Where a definition is used for the first time in the Terms and Conditions, it will appear in bold text.
“Content” means all content on the Website including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade or services marks, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layouts, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and not limited to information in a material form.
“Platform” means the “Worksorted” online software platform located at the Website.
“User Content” means any Content shared via, or submitted or uploaded to, the Website by a User of the Website.
B. TERMS AND CONDITIONS
- Application of Terms and Conditions
1.1 These Terms and Conditions apply to all Users of the Website, who are not registered users of the Platform. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Terms and Conditions.
- Description of Website
2.1 The Website is dedicated to promoting the use of the Platform, which is a customer relationship management software directed for use by financial service providers and related businesses.
2.2 The use of the Platform by registered users is governed by terms and conditions which are separate to these Terms and Conditions, and can be viewed at http://about.worksorted.com/platform-terms-of-use If you wish to use the Platform and become a registered user, please visit worksorted.com for more information.
- Your Obligations
4.1 Your access to, and use of, the Website, is subject to all conditions specified in these Terms and Conditions.
4.2 You warrant to Worksorted that you shall not:
a. Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions;
b. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the Website or any Content through hacking, use of automated devices, scripts or bots, or other illegitimate means;
c. Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; and
d. Interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website, including by transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature.
You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
- Intellectual Property
5.1 The Intellectual Property in the Website and all Content (“Website IP”) is exclusively owned and controlled by Worksorted and/or our third party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights. The Website IP remains Worksorted’s exclusive property throughout the world in perpetuity.
5.2 You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.
- Disclaimers & Limitation of Liability
6.1 Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) the exclusion of which from a contract would contravene any statute or cause any part of these Terms and Conditions to be void (“Non Excludable Conditions”), your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.
6.2 Worksorted is not responsible in any way for:
a. User Content or other material that is created, or otherwise appears via the Website. Worksorted does not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; and
b. Hyperlinks to third-party web services or host third-party information or content on the Website. All third-party content is the responsibility of its author, and Worksorted does not endorse or represent the views or opinions contained therein;
6.3 Subject to the application of any Non Excludable Conditions, Users hereby release Worksorted from all claims and Worksorted is not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from:
a. The use of, or inability to use, the Website by Users;
b. Any User Content that is created, or otherwise appears, via the Website;
c. Any failure by Worksorted or other third parties to provide any information, service, feature or functionality via the Website; and
d. Use of third-party services (including any sharing to third-party websites) in conjunction with the Website by Users.
6.4 Users hereby acknowledge and confirm that they are on notice of Worksorted’s disclaimer of warranties and limitation of liability set forth in this clause or elsewhere in these Terms and Conditions (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.
7.1 As a further condition of using the Website, you must indemnify Worksorted against all quantifiable and reasonable loss and/or damage suffered by Worksorted (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result you breaching a term of these Terms and Conditions.
- Jurisdiction & Choice of Law
8.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms and Conditions or relating to the use of the Platform will be resolved exclusively in the Supreme Court of Victoria or applicable lower court, and Users agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
9.1 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall be construed as if such provisions had never been contained herein.