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Terms and Conditions
Welcome to Incolink's on-line internet-based compliance system, called ComplianceLink. This service allows you to check employer contributions, download and print or save contribution information:
These terms and conditions apply to your use of ComplianceLink (ComplianceLink or the Service) on the Incolink website at www.incolink.org.au (Website) provided by Redundancy Payment Central Fund Ltd. (ACN 007 133 833) trading as Incolink and its associated entities, IPT Agency Co. Ltd (ACN 112 578 588) and IPT Agency Co. (No. 2) Ltd (ACN 114 668 101) (we, us or our). Please read these terms and conditions carefully before using ComplianceLink and either accept or decline them by clicking on the appropriate button below. While you may decline them, if you do so, you will not be able to use the Service.
1. Changes to these terms and conditions
We may change these terms and conditions by posting the changes on the Website. You are responsible for informing yourself of any changes by regularly viewing this section of the Website. If you access or use the Service after any changes are posted, you are taken to have agreed to those changes.
2. Authority to use
(a) We authorise you to use ComplianceLink to do all or any of the following:
(i) check Incolink employer contribution transactions within the Incolink funds;
(ii) lodge or give us any notice, form, correspondence or documents in connection with Incolink that we may choose to accept, or that you are required to lodge with or give us, electronically;
(ii) access other documents and notifications we may be required or choose to give to you in connection with Incolink; and
(iv) access or use any other service or facility we may decide to make available from time to time through ComplianceLink, including exclusively as an on-line service or facility.
(b)You agree that you will only use ComplianceLink and the information you obtain as a result of your access to ComplianceLink to perform your duties under the rules of the union or registered organisation of which you are a member.
3. Consent and acknowledgement
(a)You consent to us giving or sending you any notice, return, communication or other document that we may or are obliged to give or send you in connection with:
(i) contribution information of any Incolink fund with respect to Incolink workers and employers;
(ii) any other matter or transaction in connection with, or incidental to, any of the foregoing, or of which we give you notice, including, without limitation, any document of the kind referred to in clause 2, by either or both:
(A) faxing it to you; or
(B) sending it to you by e-mail to your e-mail address.
4. Availability
While we normally try to make the Website, including the Service, available 24 hours a day, we will not be liable if for any reason the Website or Service is unavailable at any time or for any period. Access to the Website, including the Service, may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
5. Intellectual property
(a)All content included in or on the Website (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Australia and various other countries. The trademarks displayed on the Website are owned by or licensed to us, or are otherwise properly used by us, and many of those trademarks are registered in Australia and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trademarks or any other intellectual property.
(b)You may only view, print and download extracts from the Website (including from your ComplianceLink account) for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, up-load, post, communicate, transmit or distribute in any way any of the contents of the Website for public or commercial purposes without our prior written consent.
6. Your material and conduct
(a)Subject to any restrictions or limitations set out in our privacy policy (which is available for viewing on the Website):
(i) we will be entitled to use any material you transmit or post using or through ComplianceLink for the purpose of providing you with services, and any other express or implied purpose for which the material was transmitted or posted; and
(ii) we and our associated entities, insurers, insurance brokers, contractors and other service providers engaged by us will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in it for any of the purposes referred to in clause 6(a)(i).
(b)You are prohibited from posting or transmitting to or from the Website (including ComplianceLink) any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person;
(ii) for which you have not obtained all necessary licences and/or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c)You agree that you will not use ComplianceLink, the Website or any information obtained as a result of your access to ComplianceLink or the Website to contravene any law including, but not limited to, the Fair Work Act 2009 (Cth) and the Fair Work (Building Industry) Act 2012 (Cth) and their respective regulations, as amended or replaced from time to time, or any other industrial instrument applicable to Incolink.
(d)It is our policy to co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 6 or any law.
(e)You warrant and represent to us that all information given or sent by you or on your behalf to us through the Service is true and correct and is not misleading in any way, whether by inclusion or omission.
(f)You may not misuse the Service (including, without limitation, by hacking).
7. Protection of your ComplianceLink account
(a)You expressly acknowledge that access to the Website and to your account within ComplianceLink is through the internet and therefore may not be secure.
(b)When you access ComplianceLink for the first time you will be required to enter your email address registered with your union and temporary password which we will provide to you. You will then be requested to change your password to one of your own choice. You must keep your password secure and confidential. You alone are responsible for any unauthorised use of the Service as a result of you disclosing your password, or of any breach of security within any computer or other system you use to access the Service.
(c)You are responsible for preventing any unauthorised use of, or access to, your account within ComplianceLink. If you become aware of any unauthorised use of your account or the Services you must contact us immediately.
(d)You agree to notify us (through the Service or by e-mail) of any address changes including your email address to ensure we maintain correct information for your account.
8. Privacy
(a)You confirm that you will have access to personal information of Incolink workers as a result of your access to ComplianceLink. You agree that you will collect, use, store, disclose, protect and manage this personal information according to the Privacy Act 1988 (Cth) and the terms of our privacy policy, a copy of which is available at http://www.incolink.org.au/Privacy-Policy (Incolink Privacy Policy). You agree that you will not collect, use, store or disclose personal information obtained a result of your access to ComplianceLink for any purpose other than, and only to the extent required:
(i) to verify a worker’s membership details with Incolink; and
(ii) to verify contributions made by Incolink employers on behalf of workers.
Further, you agree and confirm that your collection of personal information through ComplianceLink is reasonably necessary to carry out the current functions or activities of the union or registered organisation of which you are a member. You are responsible for complying with the requirements of the Privacy Act 1998 (Cth) with respect to any personal information that you collect through ComplianceLink.
(b)You must not transfer, disclose or make available any personal information that you obtain from ComplianceLink to any person (including yourself) outside Australia, or to allow any person outside of Australia to have access to such personal information.
(c)You acknowledge and agree that all personal information that you supply in connection with ComplianceLink or the Website will be collected, used, disclosed and managed by us according to the Privacy Act 1988 (Cth) and the terms of the Incolink Privacy Policy.
(d)If you supply any personal information of another person to us using ComplianceLink or the Website you must:
(i) ensure that you are authorised to disclose such personal information to us;
(ii) inform the person that his or her personal information will be disclosed to and collected by us;
(iii) ensure that the person has read and understood our privacy policy; and
(iv) upon our request, do all things reasonably required by us to assist us in discharging our obligations to that person under the Privacy Act 1988 (Cth).
9. Termination
We may terminate your access to the ComplianceLink and the Website at any time without notice including, without limitation, if we believe that:
(a)your use of ComplianceLink or the Website is inappropriate;
(b)your use of ComplianceLink or the Website is in breach of any law; or
(c)you have not complied with any of these terms and conditions.
10. Disclaimer
(a)The contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose. We do not give any financial product advice through the Service or the Website, and no information or material given through or posted on the Service or the Website is to be construed as financial product advice. To the extent the Service may relate to financial products, we recommend you obtain your own financial product advice from an independent person who is licensed by the Australian Securities and Investments Commission (ASIC) to give such advice in respect of those financial products before you make any decision in relation to them.
(b)While we try to ensure that the information we post on the Website (including the Service) is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
(c)Without limiting the generality of clause 10(b) the results of your use of any calculators on the Service or Website are estimates or simulations only and are neither quotes nor forecasts or assurances of the amount of any future benefits or payouts to which any worker may become entitled or any final amount owed by an Incolink employer. They are not binding on us.
11. Exclusion and limitation of our liability
(a)You expressly agree that use of this Website and ComplianceLink is at your sole risk.
(b)All services and information provided on this Website (including the Services) are provided on an "as is" basis. We exclude all warranties and guarantees in connection with the Website, the Service and your use of them. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(A) the use, inability to use or the results of use of the Service, the Website or of any websites linked to the Website or the material on such websites; or
(B) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Service or the Website or any websites linked to the Website, or your downloading of any material from the Service, Website or any websites linked to the Website; and
(ii) any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of income or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 11(b)(a), except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(c)Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
(A) the replacement of goods or the supply of equivalent goods;
(B) the repair of goods; or
(C) the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us (including the provision or as part of the Website or the Services):
(A) the supply by us of the services again; or
(B) the refund of the price paid by you for the services.
12. Release and indemnity
To the maximum extent permitted by law, you hereby:
(a)release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website or ComplianceLink;
(ii) any access to your ComplianceLink account (including in relation to any communication which you upload to, or download from, the Service or Website); or
(iii) any dealings you may have with employers through the Website (including the Service);
(b) covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 12(a); and
(c)irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the Website or ComplianceLink or any access to your ComplianceLink account by you or which is authorised, enabled or facilitated by you; and
(ii) any breach of any of these terms and conditions by you.
13. Website links
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
14. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of the Website, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
15. Notification of breach of terms and conditions
You agree to notify us (through the Service or by e-mail) immediately upon becoming aware that any of these terms and conditions have been breached in respect of your ComplianceLink account.
16. Unenforceable terms
If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
17. Governing law and jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia. We and you submit to the exclusive jurisdiction of the courts exercising jurisdiction there.