FitWorker360 Terms and Conditions
FitWorker360 is a provider of physical and mental health assessments (including pre, post and during employment) (Services). Below are our terms and conditions which outline your legal responsibilities when engaging us to provide the Services and explain the rights you give to us when accessing or using our world-class software platform (Suremploy Connect). Please read these T&Cs, our Privacy Policy and any other terms, conditions, notices and disclaimers displayed on our website.
1. Our Services
1.1. This is an agreement between you (Customer, you or your) and Suremploy Pty Ltd ACN 095 229 986 (FitWorker360, we, us or our), which sets out the terms and conditions (T&Cs) of our Services.
1.2. Pursuant to these T&Cs, Suremploy will provide Services in respect of individuals which are referred to us by you (Candidates).
1.3. The Services set out in these T&Cs are all of the services to be provided by Suremploy. Any other services requested by the Customer may be provided on other terms and conditions as agreed between the parties in writing.
1.4. The Customer is responsible for pre-booking Candidate appointments via Suremploy Connect.
2. Suremploy Connect
2.1. Customers must register an account and a user name via Suremploy Connect (Account) and specify whether you are an individual or represent a business entity and you must warrant that you are at least 18 years of age (if you are an individual).
2.2. Your Account is for your sole, personal use, you may not authorise others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under such password.
2.3. If there is any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password you must notify us as soon as possible at support@suremploy.com.au.
2.2. Your Account is for your sole, personal use, you may not authorise others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under such password.
2.3. If there is any known or suspected unauthorised use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password you must notify us as soon as possible at support@suremploy.com.au.
3. Service Fees
3.1. The Customer must pay any service fees (excluding GST) charged by Suremploy in respect of any Services it provides to the Customer (Services Fee).
3.2. Suremploy may increase the Services Fee at any time by giving the Customer no less than 14 days’ notice in writing.
3.3. Suremploy will issue the Customer with a valid tax invoice for each Service provided. If the Customer requires a purchase order or reference number in respect of any Services, they must advise Suremploy prior to any Services commencing and the Customer must include that reference number at the time the Services are booked.
3.2. Suremploy may increase the Services Fee at any time by giving the Customer no less than 14 days’ notice in writing.
3.3. Suremploy will issue the Customer with a valid tax invoice for each Service provided. If the Customer requires a purchase order or reference number in respect of any Services, they must advise Suremploy prior to any Services commencing and the Customer must include that reference number at the time the Services are booked.
4. Payment Terms
4.1. The Customer must pay Suremploy’s invoices within 14 days of the invoice date.
4.2. If the Customer disputes any part of the invoice, it must pay the undisputed part within 14 days of the invoice date, and any disputed parts agreed or determined as due no more than 5 days after settlement of the dispute.
4.3. Suremploy may set off any amounts owed to Suremploy by the Customer against any amounts payable by the Customer to Suremploy under these T&Cs.
4.2. If the Customer disputes any part of the invoice, it must pay the undisputed part within 14 days of the invoice date, and any disputed parts agreed or determined as due no more than 5 days after settlement of the dispute.
4.3. Suremploy may set off any amounts owed to Suremploy by the Customer against any amounts payable by the Customer to Suremploy under these T&Cs.
5. Cancellations & Reschedules
5.1. If Services to be provided by Suremploy on a specific date are cancelled by the Customer less than one business day before that date, or the Services cannot be provided on a specific date because the Candidate does not attend, Suremploy may charge a fee equal to 50 % of the cost of the cancelled services.
6. Credit Facility
6.1. Suremploy has a sole discretion whether or not to provide the Customer with credit and may request information from or disclose information to a credit reporting agency, credit provider or other party for the purposes of establish the creditworthiness of the Customer.
6.2. If Suremploy provides the Customer with credit it may set a credit limit or reduce a credit limit at its discretion and on written notice to the Customer.
6.3. If the Customer has an account in arrears of more than 30 days, then Suremploy may immediately close or suspend the credit facility. If the Customer does not pay the Service Fee Suremploy may pursue the payment of that debt, and the Customer agrees to pay all ancillary costs incurred by Suremploy including any debt collection or recovery fees, legal fees and court costs.
7. Customer Obligations
7.1. The Customer must use Suremploy Connect through the functionality of the online platform and always in compliance with these T&Cs. You must not allow others to use your Account and must not transfer or sell your Account or any of its contents, including the Candidate reports which incorporate the results of our Services (Candidate Reports) which are provided to you as part of the Services.
7.2. You must not use Suremploy Connect for any illegal purpose and must not impersonate or falsely claim to represent a person or organisation. You agree that when using Suremploy Connect, you will not violate the legal rights (including rights of privacy or confidentiality) of Candidates and will not publish, post, upload, distribute or disseminate any Candidate Reports we provide to you.
7.2. You must not use Suremploy Connect for any illegal purpose and must not impersonate or falsely claim to represent a person or organisation. You agree that when using Suremploy Connect, you will not violate the legal rights (including rights of privacy or confidentiality) of Candidates and will not publish, post, upload, distribute or disseminate any Candidate Reports we provide to you.
8. Ancillary Services
8.1. The Customer acknowledges that each health professional may exercise its own professional judgment and discretion at any time, in respect of the Services provided or the referral of a Candidate to specialists or to medical practitioners or the use of ancillary medical services.
8.2. Suremploy will coordinate the delivery of the ancillary services to the Customer. Suremploy will engage medical centres and health professionals to provide those services.
8.2. Suremploy will coordinate the delivery of the ancillary services to the Customer. Suremploy will engage medical centres and health professionals to provide those services.
9. Workplace Health & Safety
9.1. If Services are performed at the Customer’s premises, or on sites controlled or managed by the Customer, the Customer must ensure that it complies with all applicable Workplace Health and Safety laws and standards necessary to ensure a safe work environment for Suremploy’s staff members including other representatives.
10. Force Majeure
10.1. Neither party will be liable for any delay or failure to perform its obligations under these T&Cs as a result of any cause beyond the control of a party including (without limitation) strikes, industrial action, floods, fires, accident, earthquake, riot, explosion, war, hostility, acts of government, military, civil or regulatory authority, change in any law or regulation, disruption or interruption to the supply of communications, internet, power or other utility (Force Majeure Event).
10.2. The party affected by a Force Majeure Event must notify the other party as soon as practicable of any anticipated delay or impact on the delivery of the Services. The performance of the affected party’s obligations under these T&Cs will be suspended for the period of the delay, and any deadlines will be extended by agreement between the parties.
10.2. The party affected by a Force Majeure Event must notify the other party as soon as practicable of any anticipated delay or impact on the delivery of the Services. The performance of the affected party’s obligations under these T&Cs will be suspended for the period of the delay, and any deadlines will be extended by agreement between the parties.
11. Disclaimer and Limitation of Liability
11.1. Other than as set out in this clause 11, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of the Services are excluded. We do not give any express or implied warranties or make any representations that any Services will be available at any given day, or in respect of the quality, accuracy, currency, completeness, reliability, suitability, acceptability, title, merchantability or fitness for purpose of the Services.
11.2. To the full extent permitted by law we will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded provided that, to the full extent permitted by law, any such liability is limited, at Suremploy’s option, to (1) replacing or repairing the relevant goods, (2) supplying goods equivalent to the relevant goods, (3) supplying the relevant Services again, or (4) paying the cost of such replacement, repairs or supply.
11.3. To the full extent permitted by law, Suremploy will not be liable to you for (1) claims arising out of or in connection with the Services or these T&Cs whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute, and (2) for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or increase in operating costs or any economic loss, or for any indirect or consequential loss or damage.
11.2. To the full extent permitted by law we will only be liable to you pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded provided that, to the full extent permitted by law, any such liability is limited, at Suremploy’s option, to (1) replacing or repairing the relevant goods, (2) supplying goods equivalent to the relevant goods, (3) supplying the relevant Services again, or (4) paying the cost of such replacement, repairs or supply.
11.3. To the full extent permitted by law, Suremploy will not be liable to you for (1) claims arising out of or in connection with the Services or these T&Cs whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute, and (2) for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or increase in operating costs or any economic loss, or for any indirect or consequential loss or damage.
12. Indemnity
12.1. To the extent permitted by law, you agree to indemnify and hold harmless, us, our directors, officers, staff members and agents from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, legal fees and court costs (collectively, Losses), arising from or related to your use of the Services (Indemnity).
12.2. The Indemnity is including but not limited to any of the following (1) any act, omission or breach of any T&Cs, (2) your violation of any third party right, (3) Losses of any Candidate caused or contributed by you or arising whether directly or indirectly from your use of our Services including the results of our Services contained in any Candidate Reports.
12.2. The Indemnity is including but not limited to any of the following (1) any act, omission or breach of any T&Cs, (2) your violation of any third party right, (3) Losses of any Candidate caused or contributed by you or arising whether directly or indirectly from your use of our Services including the results of our Services contained in any Candidate Reports.
13. Confidentiality
13.1. Subject to clause 13.2, a receiving party must keep all information that is at the time of disclosure by a disclosing party identified as being confidential or would reasonably be considered to be confidential in nature (Confidential Information) confidential and not directly or indirectly disclose, divulge or communicate any of that Confidential Information to, or otherwise place that Confidential Information at the disposal of, any other person without the prior written approval of the disclosing party.
13.2. The obligations of confidentiality under clause 13.1 do not apply to the disclosure of Confidential Information by a receiving party in respect of compliance with any court order, law, or the applicable rules of any financial market if, to the extent practicable and as soon as reasonably possible, the receiving party notifies the disclosing party in writing.
13.2. The obligations of confidentiality under clause 13.1 do not apply to the disclosure of Confidential Information by a receiving party in respect of compliance with any court order, law, or the applicable rules of any financial market if, to the extent practicable and as soon as reasonably possible, the receiving party notifies the disclosing party in writing.
14. Relationship
14.1. Nothing in these T&Cs will be interpreted as constituting a relationship between the parties or their representatives as partners, joint operators or as employer/employee. No agency, partnership, joint venture, employee-employer or other similar relationship is created by these T&Cs. In particular you have no authority to bind us or our related entities in any way whatsoever.
15. Termination
15.1. The Services may be terminated at any time and without cause by either party giving 20 days written notice to the other party.
15.2. If a party terminates the Services in accordance with clause 15.1, as long as fees have been paid in accordance with clause 4 neither party will be entitled to any compensation or damages from the other party in relation to that termination.
15.2. If a party terminates the Services in accordance with clause 15.1, as long as fees have been paid in accordance with clause 4 neither party will be entitled to any compensation or damages from the other party in relation to that termination.
16. Changes to T&Cs
16.1. We may amend these T&Cs from time to time. Your use of our Services will be governed by the most recent T&Cs. Where reasonably possible, we will notify you of any changes to our T&Cs by including a notice on our home page. The Customer’s continued acceptance of Services will constitute acceptance of such changes.
17. General
17.1. These T&Cs are governed by the laws of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.