Effective 1 January 2017

1. INTRODUCTION

Welcome to our application, and any content contained or accessed via the application (the “App“). This App is published by or on behalf of Worksmart Australia Pty Ltd atf Worksmart Australia Trust ACN 630 543 995 (“We”, “Us“ or “Our”) a company whose registered office is at 40 Gardere Avenue, Curl Curl NSW 2096.

By downloading or otherwise accessing the App including any content, products or services available via the App, you agree to be bound by the following terms and conditions (“Terms“) and our Privacy Policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 12 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. GENERAL RULES RELATING TO CONDUCT

The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable Australian laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

  • (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

  • (b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or

  • (c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Us in full and on demand from and against any loss, damage, costs or expenses which We suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

3. CONTENT

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by Us. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Our express permission.

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Us. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Us.

4. LINK TO THIRD PARTIES

The App may contain links to websites operated by third parties (“Third Party Websites“). We may monetise some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, We do not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

5. OUR PRIVACY POLICY

We take your privacy very seriously. We will only use your personal information in accordance with the terms of our Privacy Policy. By using the App you acknowledge and agree that you have read and accept the terms of our Privacy Policy and these Terms.

6. DISCLAIMER / LIABILITY

USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN US AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF WE ARE LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) ONE HUNDRED AUSTRALIAN DOLLARS (A$100.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of Us for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Australian law.

7. SERVICE SUSPENSION

We reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. ADVERTISERS IN THE APP

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Us, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

9. COMPETITIONS

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Us from time to time (“Competition Rules“) and by the decisions of Us, which are final in all matters relating to the Competition. We reserve the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. MEMBERSHIP AND SUBSCRIPTION

10.1 Memberships

  • (a) You may sign up as a registered user of the App. To become a Member you need to go to the relevant section of the App, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

  • (b) In the course of your use of the App, you may be asked to provide certain personalized information to us (“User Information”). This User Information may include information from your Facebook and similar social networking profiles. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

  • (c) By placing an order through the App, you warrant that:

    • (i) You are legally capable of entering into binding contracts;

    • (ii) All registration information you submit is truthful and accurate;

    • (iii) You will maintain the accuracy of such information; and

    • (iv) Your use of the App including any content, products or services available via the App does not violate any applicable law or regulation.

  • (d) As an App member you will receive access to certain sections, features and functions of the App that are not available to non-members.

By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and product based communication emails. You can easily unsubscribe from Our commercial emails by following the opt-out instruction in these emails. Memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

10.2 Subscriptions

We may grant access to certain products on either a free trial basis or by way of paid subscription based program. Details of free trial periods are set out at the time of signing up, but will be for limited periods and more not include full access to all content or products.

Paid subscriptions will provide unlimited access to all content and products to which the subscription relates for the rolling period set out in the subscription, subject to payment of the subscription fee. You can become a subscriber by purchasing a subscription to the content and products (Products) from the App or website. Subscriptions may be offered on a monthly or yearly basis.

  • (a) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that We are authorized to charge the same credit card as was used for the initial subscription fee (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

  • (b) Our “Yearly subscriptions are paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that We are authorized to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. This includes discounted rates secured with a promotional offer. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

  • (c) You may cancel automatic renewals of your subscription at any time by emailing info@worksmart.net.au

  • (d) You agree to promptly notify Us of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

  • (e) Our obligation to provide the Products only comes into being when we take receipt of your order, and we confirm your purchase to you by email. We shall confirm your order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Us for commercial purposes.

  • (f) We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing info@worksmart.net.au

  • (g) We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products

11. GENERAL

These Terms (as amended from time to time) constitute the entire agreement between you and Us concerning your use of the App.

We reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of us.

These Terms shall be governed by and construed in accordance with Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing.

12. CONTACT US

You can contact Us at email: Info@worksmart.net.au