Terms of Service
Support Management Solutions Pty Ltd (A.B.N. 24 601 046 155) have engaged uniDap Solutions Pty Ltd (A.B.N. 37 124 388 834) as their Software as a Service (SaaS) provider in the provision of the First2Care System.
Support Management Solutions Pty Ltd is the authorised operator of a cloud based web Recruitment, Rostering and Financial Intermediary system called the First2Care System.
The First2Care System may comprise the following components:
Recruitment, Rostering and Financial Intermediary Cloud Environment (RCE);
Worker App; and
The services provided may vary from time to time depending on the services subscribed by a F2C User.
Principal Terms and Conditions Governing Access
IN CONSIDERATION OF US PERMITTING YOU TO UTILISE THE FIRST2CARE SYSTEM WHICH INCLUDES ACCESS TO THE RCE (AND ALL PAGES LINKED THROUGH THE RCE) EACH F2C USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SETOUT IN THESE RULES:
Rules for use covering access to the RCE and legal notices:
The RCE is operated under licence by Support Management Solutions Pty Ltd and other related companies of the CertainEdge Group (we or us) whose headquarters is located at Level 5, 10 Eagle St Brisbane Qld 4000.
1.1. Terms defined
“Commencement Date” means the date on which a F2C User first legally gains access to the RCE via a First2Care App or the Web Interface.
“Confidential information” means:
(a) these Rules;
(b) the Documentation; and
(c) all trade secrets, ideas, know-how, concepts and information regardless of its form relating to the RCE or a First2Care App and includes all material, reports, test data, compilations of information and data and computer programs.
(a) First2Care User Guide and help files which can be accessed once a F2C User has legally gained access to the RCE; and
(b) any other printed materials designed to assist F2C User in the understanding of the operation of the First2Care System.
“Existing Staff” means those persons who are engaged either on a permanent or casual basis by a business or businesses and who have registered with the RCE.
“F2C User” means any person who has the legal right to use the First2Care System.
“First2Care App” means any one or more of the following:
(a) Worker App; or
(b) Manager App
as the context may require.
“First2Care System” means the Software system operated under license by Support Management Solutions Pty Ltd or other related companies of the CertainEdge Group whose headquarters are located at Level 5, 10 Eagle St Brisbane Qld 4000, comprising the following components:
(a) Recruitment, Rostering and Financial Intermediary Cloud Environment (RCE);
(b) Web Interface; and
(c) First2Care App;
“First2Care User Guide” means the manual/s published by us via the RCE which may be amended from time to time.
“Manager App” means a software app that is distributed through the First2Care System and through which a participating Manager/Nominee/Owner/Existing Staff is able to gain access to the RCE to manage the activities contained within the Worker App.
“The Cloud Agreement” (RCE) means the Recruitment, Rostering and Financial Intermediary software application that resides in a secure cloud environment that is managed under licence via the First2Care System.
“Rules” means the rules detailed in this document.
“Web Interface” means the web portal that forms part of the RCE.
“Worker App” means the software application that allows F2C Users to participate in the Recruitment, Rostering and Financial Intermediary processes managed by the RCE.
2.1. In these Rules, unless the contrary intention appears:
(a) references to ‘person’ include individuals, firms, bodies corporate, associations, governments and governmental, semi-governmental and local authorities and agencies;
(b) headings are for ease of reference only and do not affect the meaning of this agreement;
(c) the singular includes the plural and vice versa and words importing a gender include other genders;
(d) other grammatical forms of defined words or expressions have corresponding meanings;
(e) a reference to a document or agreement, including this agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
(f) a reference to a party includes its executors, administrators, successors and permitted assigns; and
(g) a reference to a Statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them.
3. PRIVACY STATEMENT
Each F2C User acknowledges that they have read and understood the privacy statement prior to gaining access to the RCE. The privacy statement is accessible by clicking here and is incorporated by reference into these Rules as if fully set out in these Rules.
4. UPLOADING DATA
4.1. It is a condition of access to the RCE that each F2C User will comply with these Rules in gaining access to the RCE and that they will/must not:
(a) restrict or inhibit any other user from using and enjoying the functionality of the RCE;
(b) upload to the RCE or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, bigoted, hateful, racially offensive, pornographic, profane, or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;
(c) upload to the RCE or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy (for example, do not publicly upload without authority telephone numbers, addresses or any other private information of others) or which is protected by copyright, trade mark or other proprietary right, without first obtaining permission from the owner or right holder; or
(d) upload to the RCE or transmit any information, software or other material which contains a virus or other harmful components.
5. ACCESS TO AND AVAILABILITY OF THE RCE
5.1. First2Care System will use its best endeavours to give each F2C User legal access to the RCE.
5.2. Each F2C User may only gain access to the RCE using an authorised First2Care App except that Managers/Nominees/Owners/ Existing Staff may also gain access to the RCE via the Web Interface.
5.3. Each F2C User will be granted access to the RCE for as long as the business they are connected with is an approved subscriber to the RCE.
5.4. Each F2C User acknowledges and agrees that circumstances may arise where, due to technological issue, or systems issues or other problems, the First2Care System or components thereof may not be available. We make no warranty that the First2Care System will always be available. We take no responsibility if the RCE is not available for any reason and we accept no liability for any non-availability of the RCE. Each F2C User agrees that they will not bring any claim or action for any damage that is caused directly or indirectly by any non-availability of the First2Care System. Further, we may rely on this clause as a bar to any action brought by you.
5.5. Each F2C User must use the functionality of the RCE in a responsible, cooperative and professional manner and must not interfere with any other user who has legal access to the RCE.
5.6. Each F2C User agrees for the benefit of us and also for the benefit of any other authorised user(s) who have access to the RCE that they will/must not:
(a) tamper with, hinder the operation of or make unauthorised modifications to the RCE;
(b) delete data from the RCE without permission;
(c) knowingly transmit any virus or other disabling feature to the RCE or to any other authorised user who has access to the RCE;
(d) pretend to be another person to gain access to the RCE without permission;
(e) impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious in their access to the RCE;
(f) Make any false, misleading or deceptive representations whilst accessing the RCE;
(g) make a contribution to the RCE that is defamatory or libellous or likely to damage the reputation of any person, group of people or any organisation whether corporate or otherwise;
(h) access the RCE to invade the personal privacy of any other person or groups without some written legal authorisation;
(i) provide false or misleading information to us via the RCE or via any First2Care App;
(j) abuse, stalk, harass, threaten or otherwise violate the legal rights of other authorised users of the First2 Click System;
(k) use insulting, threatening or provocative language or language that is hateful towards a certain group of people, or incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;
(l) make a contribution to the RCE that includes obscene, offensive or inappropriate language or material;
(m) use the RCE to conduct any illegal activity or solicit the performance of any illegal activity;
(n) contribute to the RCE any text or other material that infringes the intellectual property rights of others or reveals confidential information;
(o) spam any material uploaded onto the RCE by sending multiple copies or versions of it;
(p) contribute material to the RCE that contains or links to any commercial advertising material;
(q) include links to or internet addresses for commercial or private websites, or any email addresses, in any material uploaded to the RCE;
(r) attempt to do any of the above acts or knowingly permit another to do any of the above acts; or
(s) reverse engineer or attempt to reverse engineer any First2Care App.
5.7. Each F2C User agrees to immediately notify us if they become aware that there is a threat to the security or proper operation of the RCE or the gaining of unauthorised access to the RCE.
7.1. While we will endeavour to maintain the accuracy and completeness of all the information available via theRCE, the dynamic nature of the medium means that the information available via the RCE could include errors or out of date content. (If a F2C User notices any error, we would appreciate it if the F2C User brings it to our attention). Each F2C User should make his/her own investigations before entering into any transaction on the basis of the contents available via the RCE. Neither we nor any other party who provides material displayed via the RCE is under any obligation to give notice of any corrections or amendments. In addition, your browser and hardware configurations, over which we have no control, may affect the performance and operation of information available via the RCE when accessed and viewed at your computer.
7.2. WE ARE PROVIDING ACCESS TO THE RCE AND ITS CONTENTS ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO INFORMATION MADE AVAILABLE VIA THE RCE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE RCE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE RCE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF ERRORS OR VIRUSES. WE MAKE NO WARRANTY THAT THE RCE WILL MEET ANY REQUIREMENTS OF THE F2C USER OR THAT THE SERVICE PROVIDED VIA THE RCE WILL BE UNINTERRUPTED, TIMELY OR SECURE.
7.3. The First2Care System may link the RCE to third party web sites. We are not responsible for the condition or content on other third party web sites, even if the First2Care System links to them as those web sites are not under our control. We are not representing any association with or providing, expressly or implicitly, any recommendation or endorsement in any way but solely providing a convenient link. If a F2C User accesses other web sites from the RCE and use their products and services then the F2C User does so solely at your own risk. If a F2C User suffers any damage from visiting third party’s web site or using another’s product or service, we accept no responsibility and will be not held liable.
EachF2C User agrees to indemnify and defend us, and each of our directors, employees, shareholders and other representatives, and everyone who helped us create or modify the First2Care System, for all damages, losses, penalties, fines, expenses, and costs (including legal costs on a solicitor and own client basis) whether direct or indirect which arise out of or relate to use of the First2Care System by a F2C User, any information that a F2C User provides to the RCE via the First2Care System and any damage that a F2C User may cause to the First2Care System. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and misleading and deceptive conduct. In other words this is a full coverage indemnity.
9. CONFIDENTIAL INFORMATION
Each F2C User must keep the Confidential Information secret, in a safe and secure place, protect and preserve the confidential nature and secrecy of the Confidential Information, and in particular, prevent third parties from gaining access to the Confidential Information except as required by law.
10. INTELLECTUAL PROPERTY RIGHTS
(a) All material accessible via the RCE including design, text, graphics, the selection and arrangement thereof, and all software implementing the First2Care System is protected by copyright under the law of Australia and, through international treaties, other countries. The copyright in the First2Care System is operated under license by us and no F2C User has any rights other than the limited licence granted whilst authorised to have access to the RCE via a First2Care App or Web Interface.
(b) As part of the condition by which we allow an F2C User to upload information to the RCE, each relevant F2C User gives permission to us to copy, delete and distribute that material and subject to permissions granted by any third party whom the relevant F2C User has agreed to authorise to delete, amend or change any data concerning the F2C User. We also will give other users who have authorised access to the RCE the right to electronically copy the content in the usual course of operation of their web browser.
(c) Unless we give a F2C User prior express written permission, any other use such as distributing, modifying, transmitting (including broadcasting), adapting, reusing, re-posting or publishing of material contained on the RCE is strictly prohibited. Unauthorised use of materials from the RCE will not only be a breach of these Rules but may amount to a violation of copyright, privacy and a contravention of other laws.
10.2 Trade Marks
We acknowledge that we have the legal right to display via the First2Care System all trademarks and service marks so displayed. No F2C User has any kind of licence or right to use such trademarks or service marks except by saving or printing out a copy of the relevant page displayed through the RCE as permitted under these rules.
11.1 Exclusion of warranties
Subject to clauses 11.2 and 11.3 neither party makes any express warranties beyond those stated in this document. All conditions and warranties implied by statute or common law are, to the fullest extent permitted by law, expressly excluded.
11.2 Non-excludable provisions
If the Competition and Consumer Act (Cth) 2010 or any similar state legislation implies into these Rules any term, condition or warranty which cannot be excluded, then such term, condition or warranty will be implied into these Rules but only to the extent that it cannot be excluded.
11.3 Warranties implied by law
Subject to clause 11.4, if there is a breach of any term, condition or warranty referred to in clause 11.2 in delivering access to the RCE, we specifically limit our liability to each relevantly affected F2C User in relation to that breach to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; and
(b) in the case of services, the supplying of the services again.
11.4 Exclusion of liability
Notwithstanding any provision to the contrary in these Rules, each F2C User specifically acknowledges and agrees that we will not be liable for any consequential, indirect or special damages howsoever caused. For the purposes of this clause the term “consequential, indirect or special damages” includes any damage arising out of or in connection with any loss of business opportunity, loss of a job opportunity, loss of income or remuneration, loss of profits, loss of data, loss or damage to any person’s reputation or organisations’ reputation.
12.1. We may immediately suspend the access to the RCE by any F2C User if:
(a) the F2C User materially breaches any term of these Rules including in particular the obligations set out in Clause 5.6;
(b) We reasonably consider that the F2C User’s access to the First2Care System is interfering with or is likely to interfere with the proper functioning of the First2Care System, including as a result of any malfunctioning of the F2C User’s computer system at any time;
(c) We reasonably believe that the credentials for a F2C User have been compromised;
(d) We are owed any outstanding money by a F2C User or any business, person or organisation connected with the F2C User.
12.2. If we suspend a F2C User’s connection to the RCE pursuant to clause 12.1, we will promptly notify the relevant F2C User.
12.3. If we are satisfied with the remedial action taken, we may lift the suspension implemented under Clause 12.1 and notify the relevant F2C User accordingly.
13.1. Each First2Care User may be initially required to supply their user name and to select an appropriate password that corresponds to the criteria notified by us at the relevant time and in some cases we will supply theF2C User, via theFirst2Care System, with his/her unique credentials (user name and password). We will validate and notify the relevant F2C User if the password selected by the F2C User meets the criteria for such passwords, otherwise the F2C User will need to select another password that meets the criteria.
13.2. Each F2C User must retain in a secure manner within their sole power, possession and control the credentials allocated to him/her via the First2Care System. If a F2C User becomes aware that their credentials have been compromised then they must promptly advise us and they must immediately change their credentials accordingly.
13.3. If we become aware that the credentials for a F2C User have been compromised we will as soon as practical, following any suspension under Clause12.1(c) supply the relevant F2C User with substitute credentials.
For the purposes of this clause compromise shall mean an unauthorised disclosure of or loss of exclusive control over (or suspected disclosure or loss) of the password such as would constitute a violation of the security policy implicit in the use of the First2Care System by the F2C User.
14. ASSIGNMENT OR NOVATION OF THIS AGREEMENT
A F2C User must not assign or novate or attempt to assign or novate these Rules by disclosing their credentials (user name and password) to any third party.
We may make any changes to these Rules at any time without specific notice to any person. If we do make changes to these Rules then we will upload the amended Rules to the RCE so that they are available for reading by any F2C User. Each time a F2C User gains access to the First2Care System they will be bound by the rules as they then stand.
If a provision or any part of these Rules are void or voidable by either party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were read down and it is capable of being read down, it will be read down accordingly.
Any notice, consent or other communication required to be given under this document by either party to the other shall be made in writing and may be served by email.
18. GOVERNING LAW & JURISDICTION
These Rules are governed by the laws applicable in the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts within that State.
19. REFUND POLICY
Support Management Solutions Pty Ltd has worked very hard at creating the First2Care System. However, we realise the solution may not be exactly what you expected or you may perceive it doesn’t quite work the way it is described. Should this rare occurrence take place, Support Management Solutions Pty Ltd will provide a refund equal to one month of the subscription purchased should you bring this to our attention within 14 Days from the commencement date.
We ask that you write your reason in the message box. Examples may include: you did not authorise the subscription, or the online solution is not working satisfactorily on your browser etc. If Support Management Solutions Pty Ltd, at its sole discretion, decides that your grievance is legitimate, you’ll get a refund within 3 Business Days of notifying us of your grievance. You’ll be contacted via email or SMS letting you know whether you are getting a refund or not.