Terms & Conditions of WorkDash Subscription

TERMS AND CONDITIONS OF WORKDASH SUBSCRIPTION

Important: Terms and Conditions of WorkDash Subscription

1. Your relationship with WorkDash Pty Ltd

1.1.   Thank you for choosing to use WorkDash services. Your use of WorkDash’s products, software, services, apps and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and WorkDash. WorkDash, whose principal place of business is at Suite 3, 8/23 Discovery Drive, North lakes Queensland, Australia. This document explains how the agreement is made up and sets out some of the terms of that agreement.

1.2.   This agreement (Agreement) is between WorkDash Pty Ltd ABN 54 615 907 830 (WorkDash, “us,” “we,” or “our”) and the person or entity agreeing to these terms (you). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “you” means your company, and you are binding your company to this Agreement. This legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1.  In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2.   You can accept the Terms by:

2.2.1.   clicking to accept or agree to the Terms, where this option is made available to you by WorkDash in the user interface for any Services; or

2.2.2.   by actually using the Services. In this case, you understand and agree that WorkDash will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3.   If you do not agree with these Terms, do not click the “I agree” button and stop using and uninstall the Service immediately.

By using or accessing our Service, you agree to the terms below; if you don’t agree, don’t use the Service.

3. Provision of Services by WorkDash

3.1.   WorkDash is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which WorkDash provides may change from time to time without prior notice to you.

3.2.   As part of this continuing innovation, you acknowledge and agree that WorkDash may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at WorkDash’s sole discretion, without prior notice to you.

3.3.   You acknowledge and agree that if WorkDash disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4.   You acknowledge and agree that while WorkDash may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by WorkDash at any time, at WorkDash’s discretion.

3.5.   We may offer certain Services to you at no charge, including free accounts, trial use, and access to pre-release and beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted for the period designated by us. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any support and maintenance, warranty, and indemnity obligations.

4. Your Licence

4.1.   Subject to these Terms, WorkDash grants you a non-exclusive, non-transferable revocable licence to use the Service on a compatible computer, mobile telephone or handheld device (Device) owned or controlled by you.

4.2.   Unless permitted by law or as otherwise expressly permitted in these Terms, you must not (nor may you authorise any third person to): (i) rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Service to a third party; (iii) reproduce, modify, adapt, create derivative works of, the Service; (iv) reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or otherwise seek to obtain or derive the source code or API; (iv) remove or tamper with any disclaimers or other legal notices; (v) combine the whole or any part of the Service with any other software, data or material; (vi) store or use any part of the data you do not own in an archival database or other searchable database. You must promptly notify us in writing of any breach of these conditions of use.

We give you a licence to use the Service but please do not use the Service in violation of these terms.

5. Intellectual Property Rights

5.1.   You agree that all intellectual property of any sort in or associated with the Service, including all code, libraries, programs, software, documentation, content, databases, systems, logos and trademarks are owned either directly by us or by our licensors. You are not authorised to use any of our intellectual property except as is expressly allowed under these Terms.

5.2.   Subject to these Terms you may modify a template or training material in the Service for the purposes of developing customizations and additional features of a template or training material. Any such modifications constitute “Your Modifications”. You may use Your Modifications solely with respect to your own instances in support of your permitted use of the Service but you may not distribute Your Modifications to any third party. Notwithstanding anything in these Terms to the contrary, WorkDash has no support, warranty, indemnification or other obligation or liability with respect to Your Modifications or their combination, interaction or use with our Services. You must indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against us by a third party relating to Your Modifications (including but not limited to any representations or warranties you make about Your Modifications or the Service) or your breach of this Section. This indemnification obligation is subject to your receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence, or settlement of such claim; and (iii) all reasonably necessary cooperation of WorkDash at your expense.

5.3.   We own all intellectual property rights in the Service. You can make modifications to a template or training material in the Service but we’re not promising anything related to support or maintenance for your modifications. You protect us against any third party claims arising from any modifications you make.

5.4.   Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the WorkDash Subscription Fee when due. You grant WorkDash a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

5.5.   WorkDash adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. WorkDash expressly excludes liability for any loss of Data no matter how caused.

5.6.   If You enable third-party applications for use in conjunction with the Services, You acknowledge that WorkDash may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. WorkDash shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

6. Term and Renewal

6.1.   Services are provided on a subscription basis for a set Term as specified in your Order. Except as otherwise specified in your Order, all subscriptions will automatically renew for periods equal to your initial Term (and you will be charged at the then-current rates) unless you cancel your subscription in writing or through your account at the Site. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

6.2.   If WorkDash does not want the Services to renew, then it will provide you written notice to this effect. This notice of non-renewal will be effective upon the conclusion of the then current Term.

6.3.   Your agreement will automatically renew for periods equal to your initial term (at the then-current rates) unless you notify us in writing that you wish to cancel your subscription in writing prior to the end of then-current billing cycle. You will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

7. Billing and Payment

7.1.   Services are provided on a subscription basis for a set Term as specified in your Order. Except as otherwise specified in your Order, all subscriptions will automatically renew for periods equal to your initial Term (and you will be charged at the then-current rates) unless you cancel your subscription in writing or through your account at the Site. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

7.2.   If WorkDash does not want the Services to renew, then it will provide you written notice to this effect. This notice of non-renewal will be effective upon the conclusion of the then current Term.

7.3.   You agree to pay all Fees in accordance with your Order. Unless otherwise specified in your Order, you will pay all amounts at the time you place your Order. All amounts are non-refundable, non-cancellable and non-creditable. In making payments, you acknowledge that you are not relying on future availability of the Service beyond the current agreed Term or any Service upgrades or feature enhancements. If you add End Users during your Term, we will charge you for the increased number of End Users pursuant to the then-currently applicable rates in your next billing cycle. You agree that we may bill your credit card for renewals, additional End Users, and unpaid fees, as applicable.

7.4.   You must elect one of the following billing options when registering and placing an order for the Service:

  Monthly Plan. If you select this option, you will pay for the Services on a monthly basis. We will bill you: (i) Fees based upon the number of End User Accounts you are using. We will provide you with the monthly rate for the Services when you order the Service, and will use this rate to calculate the Fees, for your monthly charges.

♦  Annual Plan. If you select this option, you will pay for the Services on an annual basis. We will bill you: (i) Fees based upon the number of End User Accounts you are using. We will provide you with the annual rate for the Services when you order the Service, and will use this rate to calculate the Fees, for your annual charges.

7.5.   Fees for Orders where you are paying with a credit card, debit card or other non-invoice form of payment are due the month prior to which you received the Services. For credit cards, or debit cards, as applicable: (i) we will charge you for all applicable Fees when due and (ii) these Fees are considered overdue after the end of the month during which you received the Services.

7.6.   Fees for Orders where we issue an invoice are due fourteen days after the invoice date, and are considered overdue after such date.

7.7.   We may enable other forms of payment by making them available on the Site. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.

7.8.   Overdue payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal or collection fees) incurred by us in collecting such delinquent amounts, except where such overdue amounts are due to our billing inaccuracies.

7.9.   You will have thirty days to pay overdue Fees. If you do not pay overdue Fees within thirty days, we will automatically suspend you use of the Service. The duration of this suspension will be until you pay all outstanding Fees.

7.10. If you have a monthly billing plan or an annual billing plan commitment, we will continue to charge you Fees during suspension for non-payment and you must pay all outstanding Fees in order to resume use of the Services.

7.11. If you remain suspended for non-payment for more than sixty days, we may terminate this Agreement.

7.12. You are responsible for any duties, customs fees, or taxes (other than our income tax) associated with the sale of the Services, including any related penalties or interest (Taxes), and you will pay us for the Services without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from payments to us, you must provide us with an official tax document stating this.

7.13. You agree to pay fees to us for the services as set out on your order form. The fees are non-refundable.

7.14. You must elect to pay your fees by a monthly or annual plan and any overdue fees may result in you being charged interest or your account being suspended or terminated.

7.15. Your network provider may also separately charge you for access to their network while accessing the Service. You accept responsibility for any such charges that arise.

8. Use of the Services by You

8.1.   You may specify one or more administrators who will have password protected rights to access administrative account(s) for the purposes of administering the Services (Admin Account(s)) and to administer all End Users permitted to use the Service and who have established an End User Account. You are responsible for: (a) maintaining the confidentiality of the password and Admin Account(s); (b) designating those individuals who are authorized to access the Admin Account(s); and (c) ensuring that all activities that occur in connection with the Admin Account(s) comply with these Terms. You agree that our responsibilities do not extend to the internal management or administration of the Services for you and that we are merely a software provider.

8.2.   Your administrators may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. You will obtain and maintain all required consents from End Users to allow: (i) your access, monitoring, use and disclosure of this data and WorkDash providing you with the ability to do so and (ii) WorkDash to provide the Services.

8.3.   You are responsible for responding to a request from a third party for records relating to an End User’s use of the Services (Third Party Requests). Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure. We will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify you of the receipt of a Third Party Request; (b) comply with your reasonable requests regarding its efforts to oppose a Third Party Request; and (c) provide you with the information or tools required for you to respond to the Third Party Request. You will first seek to obtain the information required to respond to the Third Party Request on its own, and will contact us only if you cannot reasonably obtain such information.

8.4.   You are responsible for any activity that occurs on your account, so you may specify one or more administrators to have special password protected rights to access administrative account(s) for the purposes of administering the services. Make sure your administrators maintain all required consents from end users to allow you to access and monitor data and enable us to provide the service to you.

8.5.   You are responsible for responding to a request from a third party for records relating to your use of the services. We will help if we can if you cannot reasonably obtain such information yourself.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

9. Security

9.1.   You agree and understand that you are responsible for maintaining the confidentiality and security of any information including passwords associated with any account you use to access the Services.

9.2.   You understand that use of the Service involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks.

9.3.   If you become aware of any unauthorized use of your password or of your account, you agree to notify WorkDash immediately at support@workdash.com.au.

9.4.   We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

9.5.   We care about the integrity and security of your information, however, we cannot guarantee that our security procedures will be error-free or that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you use the service at your own risk.

10. Content in the Services

10.1.   You understand that all information (such as data files, fonts, written text, computer software, music, audio files, image files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

10.2.   When you use the Service, any data, templates, information, content, code, video, images or other materials of any type (Materials) you enter remains confidential to you unless you choose to share any Materials with WorkDash and/or other users.

10.3.   WorkDash reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

10.4.   You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

10.5.   You agree that you are solely responsible for (and that neither WorkDash nor the third party provider through whom you purchased WorkDash has any responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which WorkDash may suffer) by doing so.

10.6.   When downloading Materials, you are doing so at your own risk and understand that you are downloading content that has been developed by a third party, has not been validated in any way and is not specific to your requirements and should be not be relied upon in any way. It is your responsibility to modify any Materials to suit your own specific requirements. Professional advice from a qualified person should be obtained in order to make the Materials specific for your intended use.

When you download material from our site you do so at your own risk.

11. Privacy and Your Personal Information

11.1.   For information about WorkDash’s data protection practices, please read WorkDash’s privacy policy. This policy explains how WorkDash treats your personal information, and protects your privacy, when you use the Services.

11.2.   You agree to the use of your data in accordance with WorkDash’s Privacy Policy.

12. Disclaimer, Limitation on Liability and Indemnity

12.1.   Except as expressly stated in this Agreement, we do not make any representation or warranty (express or implied) in respect of the Services, any Materials or any other goods or services provided by WorkDash to you, including, without limitation, any implied warranty: (i) of merchantability; (ii) of fitness for a particular purpose; (iii) arising from a course of performance, course of dealing, or usage of trade; (iv) of non-infringement of third party rights; or (v) against hidden defects. The Service any Materials are provided on an “as is”, “with all faults” and “as available” basis and without any further warranties of any kind. We make no warranty that operation of the Service or any Materials will be uninterrupted or error free or that all defects will be corrected.

12.2.   Without limiting the above, you acknowledge that:

♦   you are using the Service at your own risk;

♦   the Service is not a substitute for professional advice;

♦   you are solely responsible for the use of the Service and agree that any safety audits, training courses or incidents conducted using the Service are only part of establishing a safe system of work, which would typically require you to undertake additional and comprehensive gap analysis and risk assessments along with specific safe work method statements and safety training; and

♦   you have not relied on any representation in ordering the Service or any goods and services from us.

12.3.   To the maximum extent permitted by law, we exclude completely all liability whatsoever for any claims, liability, loss or damage of any kind however caused (including negligence) arising out of or in connection with any goods or services provided by us including the Service and its access, use or performance, including, without limitation, we are not liable for: (a) misuse of the Service or any Materials; (b) use of the Service or any Materials with third party data, software or hardware which is incompatible with the Service and/or not recommended by us; (c) reduced performance or non-availability of the Service or any Materials as a result of network connections; or (d) errors in the Service or any Materials resulting from your configuration or manipulation of the Service or any Materials, in each case not specifically recommended in writing by us.

12.4.   Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, the Service or any Materials.

12.5.   To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.

12.6.   Notwithstanding the above, to the maximum extent permitted by law, in no event shall our aggregate liability for any claims arising out of or related to these Terms exceed the greater of one hundred Australian dollars ($100) or the amount that you paid, if any, to us for access to or use of the Service during the six months period immediately prior to the event giving rise to such liability.

12.7.   You agree to indemnify WorkDash and its related parties, officers, agents and employees (Indemnified Parties) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to: (i) your use of the Service or any Materials; (ii) a breach of these Terms by you; and (iii) your breach of any applicable law.

You use the service as-is and at your own risk. We don’t provide any warranties with respect to the service. We do not accept any liability in connection with your use of the service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us during the six months period immediately prior to the event giving rise to such liability.

You indemnify us in respect of any claims arising from your use of the service or from your breach of these terms or any applicable law.

13. Termination and Suspension

13.1.   This Agreement is in effect for the Term, unless sooner terminated as permitted in these Terms. Either party may terminate this Agreement before the expiration of the Term if the other party materially breaches any of these Terms and does not cure the breach within thirty (30) days after written notice of the breach, or if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations.

13.2.   We may terminate this Agreement before the expiration of the Term if you are in material breach of these Terms more than two times during the Term notwithstanding any cure of such breaches or if you remain suspended at any time for non-payment of Fees for more than sixty days.

13.3.   You may terminate this Agreement at any time with notice to WorkDash, but you will not be entitled to any credits or refunds as a result of convenience termination for prepaid but unused Services or subscription Fees.

13.4.   Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms, by law, or otherwise.

13.5.   Except as set forth in this Section, once the Agreement terminates, then: (i) the rights and licenses granted by WorkDash to you will cease immediately (except as set forth in this Section); (ii) you (and your End Users) must cease all use of the Service and any third party Materials; (iii) you must pay to us any and all outstanding Fees for the Term; (iv) you are required to delete the Service and any third party Materials made available to you under this Agreement, including any WorkDash confidential information from your systems as applicable (including any third party systems operated on your behalf) and, if requested by us, provide written certification to us that you have done so at our request; and (v) you undertake not to attempt to access the Service or any data stored in the Service, any third party Materials or the Site after the date of termination.

13.6.   After termination WorkDash will provide you access to, the data, including email, provided, generated, transmitted or displayed via the Services by you or End Users (Customer Data) for a commercially reasonable period of time at our then-current rates for the applicable Services. After a commercially reasonable period of time, we will delete Customer Data by removing pointers to it on our active and replication servers and overwriting it over time.

13.7.   If we become aware of a breach by you of these Terms, then we may specifically request that you suspend the applicable End User Account. If you fail to comply with our request to suspend an account, then we may do so. The duration of any suspension by us will be until the applicable End User has cured the breach which caused the suspension.

13.8.   This agreement is in effect for the term but can be terminated earlier in certain circumstances.

Either party may terminate this agreement earlier if the other party materially breaches the agreement and does not fix that breach within 30 days or if the other party becomes insolvent or the like.

We may terminate this agreement earlier if you are in material breach of the agreement more than two times during the term (notwithstanding you may have fixed that breach) or if you remain suspended at any time for non-payment of fees for more than sixty days.

You may terminate this agreement at any time by giving us notice in writing, but you will not be entitled to any credits or refunds of subscription your fees.

 

14. Survival

14.1.   The following provisions will survive any termination or expiration of this Agreement: Sections 5 (Intellectual Property Rights), 7 (Billing and Payment), 10 (Content in the Services), 11 (Privacy and Personal Information), 12 (Disclaimer, limitation on liability and indemnity), 13 (Termination and suspension), 16 (General) and any other Sections which by intent or meaning have validity beyond termination or expiration of this Agreement.

Some terms continue to apply even when the agreement ends.

15. Amendments

15.1.   We may update or modify these Terms from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the Account Administrator contact you designate in the applicable Order, posting on our Site, through your account, or in the Service itself). If we modify these Terms during the Term, the modified version will be effective upon your next renewal of the Term, as applicable. In this case, if you object to the updated Terms, as your exclusive remedy, you may choose not to renew, including cancelling any Terms set to auto-renew.

15.2.   With respect to No-Charge Services, accepting the updated Terms is required for you to continue using the No-Charge Services. You may be required to click through the updated Terms to show your acceptance. If you do not agree to the updated Terms after it becomes effective, you will no longer have a right to use No-Charge Services. For the avoidance of doubt, any Order is subject to the version of the Terms in effect at the time of the Order.

We may change the terms from time to time. If the change is important we will let you know. The changes will become effective upon your next renewal of the term.

With respect to No-Charge Services, accepting the updated terms is required for you to continue using the No-Charge Services. You may be required to click through the updated terms to show your acceptance.

Please regularly check the Site to check for any changes.

16. General

16.1.   These Terms are governed by the laws of Queensland, Australia and the parties agree to submit to the exclusive jurisdiction of the courts in Queensland, Australia.

16.2.   If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give greatest effect to the original intention of these Terms.

16.3.   The waiver of any right or failure of either of us to exercise in any respect any right provided in these Terms in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under these Terms.

16.4.   Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and internet disturbance) that was beyond the party’s reasonable control (Force Majeure).

16.5.   Your use of any website or software that is not provided by us to access or download the Service shall be governed by the terms and conditions applicable to that website or software. We are not responsible for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including your Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Service.

16.6.   Any notices to you may either be posted on the Site or given in writing (which may be by email) to the address last notified by you to WorkDash. Any notices to WorkDash, and any questions, concerns or complaints relating to the Service shall be in writing and addressed to: Customer Experience Officer, WorkDash Pty Ltd, North Lakes Business Park Lvl 1/ 29 Flinders Parade, North Lakes, Queensland 4509 AUSTRALIA or given by email to: info@workdash.com.au.

16.7.   You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.

16.8.   This Agreement, and any rights and licenses granted hereunder, must not be transferred or assigned by you without our prior express written consent. We may, without restriction, assign this Agreement and our rights and delegate our obligations hereunder to: (i) any of our affiliates or subsidiaries, or (ii) a third party participating in a merger, acquisition, sale of shares or assets, change of control, corporate reorganization or similar transaction in which WorkDash is participating.

16.9.   In respect of the subject matter of the Terms, these Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.

This section contains terms regarding what law applies to the Agreement, what process needs to be followed if a dispute arises between us, the ability to transfer rights under this Agreement, notification procedures and the interpretation of these terms.

17. Third Party Products and Services

17.1.   WorkDash is designed to be used in conjunction with other third party products and services. Accordingly, your use of WorkDash is also bound to the use of these other products and services such as the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

 

Important: Terms and Conditions of Online Orders for Goods From WORKDASH.COM.AU

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and WorkDash Pty Ltd ABN 54 615 907 830 (WorkDash, “us,” “we,” or “our”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from workdash.com.au.  By placing an order for Goods from WorkDash you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

18. Your Legal Rights

18.1.   Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law.  The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that WorkDash represents they will be fit for, and that the Goods will correspond with any relevant description.  Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

19. Quotes, Estimates and Orders

19.1   Unless the quotation/estimate specifies otherwise, it is valid for 30 days and for the full quantity only. The quote/estimate supersedes all previous quotes/estimates. If you wish to change your order or product specifications before delivery, this must be completed within 24 hours of the original order. WorkDash will then provide you with a new quote. We will be bound to supply you the Goods when WorkDash accepts your order (but not before), and you will then be bound to pay for them. Delivery is within 30 days of us accepting the order except where we advise you otherwise. Online orders will be regarded as accepted once they have been submitted and you have received an email order confirmation from us.

19.2    An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.  WorkDash may accept or reject your offer in its absolute discretion.

19.3   Each Order that you place will, if accepted by WorkDash, be a separate and binding agreement between you and WorkDash with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

19.4    If you place an Order for someone else to receive the Goods you must obtain their consent before providing WorkDash with their personal information and, by placing an Order, you confirm to WorkDash that you have done this.

19.5    Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. WorkDash cannot consolidate separate Orders into one delivery.

19.6    WorkDash reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted.

20. Pricing & Taxes

20.1.   Prices for Goods are as shown on the Website.

20.2   WorkDash reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by WorkDash.

20.3   In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar.  If you live in an area to which an Additional Delivery Charge will apply WorkDash will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, WorkDashi will cancel your Order. WorkDash will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

20.4    If WorkDash agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”).

20.5    By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

20.6    All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

21. Payment

21.1    Online orders: You must pay for all online orders within 7 days of the order confirmation in accordance with one of the payment methods offered by WorkDash.

21.2    WorkDash reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

21.3    Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

22. Delivery (if applicable)

22.1    If delivery is offered by WorkDash, a charge for delivery to your home or premises will apply. WorkDash will give you an estimated delivery date/time in good faith, but we are unable to accept liability for delay in delivering the goods which is beyond our reasonable control (eg if stock is unavailable). You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, you authorise us to deliver the Goods anyway (if we consider it is safe and appropriate to do so). If the delivery person arrives at the agreed time but is unable to deliver the Goods or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later. Some Goods may require extra delivery personnel which may incur an additional charge. We will deposit your Goods at ground level at the delivery premises unless you have arranged otherwise with us. The Goods are at your risk after delivery. For Commercial customers liability for damage to any property occurring in the course of delivery will not be accepted.

22.1    Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

23. Collections

23.1    If Order Goods are being collected, please collect them within 7 days after we inform you that they are ready for collection. If you do not, then unless you make arrangements with us for late collection, we will assume you have cancelled your order. This means we may re-sell the Goods and you may forfeit any deposit or payment you have made. We may need to verify your identity upon collection. Fully paid orders will be held for 21 days from the date of payment. Any orders not collected within 21 days from the date of payment may be cancelled, and the full purchase price will be refunded.

24. Refunds of Your Money

24.1    Where WorkDash is obliged to refund your payment pursuant to these Terms and Conditions, WorkDash aims to initiate your refund within 5 business days (Monday – Friday 9 a.m to 5 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if WorkDash is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

24.2    Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), WorkDash will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

25. Return of Faulty or Damaged Goods

25.1    You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact WorkDash as soon as possible.

25.2   If you have a problem with any Goods or otherwise wish to return them please refer to WorkDash’s Returns Policy which forms part of these Terms and Conditions.

25.3 When returning Goods

(a)          please provide WorkDash with your proof of purchase;

(b)          it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

25.4    You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

26. WorkDash’s Liability to You

26.1    To the full extent permitted at law, WorkDash is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

27. Privacy

27.1     WorkDash policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.