OPTIMISEQ – TERMS OF USE

Please read these terms and conditions (“Terms“) as they govern all users of OptimiseQ.

Your ongoing use of the OptimiseQ website confirms your acceptance of these Terms as amended from time to time. You represent and warrant that you are able to agree to these Terms on behalf of yourself, any Company you work for and any person or entity that accesses or uses the OptimiseQ website or does work on your behalf.

We may vary the Terms from time to time and shall notify you through the Website. Your continued use of the OptimiseQ Website after the date the changes have been posted will constitute acceptance of the amended Terms.

  1. Definitions

    Where we refer to “we“, “us“, “our” or the “Company“, we mean Construction Advisor Pty Ltd T/A OptimiseQ (ACN 607 422 579).

    Employer” means the employer of the person utilising the OptimiseQ Services.

    Services” includes any service or assistance provided by OptimiseQ, including the Website, and any external service provided by Construction Advisor.

    OptimiseQ” means Construction Advisor Pty Ltd T/A OptimiseQ.

    Website” means www.optimiseq.com.au

  2. OptimiseQ

    OptimiseQ is designed to enable you to be provided with information, tips and tools that would assist you to improve your well-being by increasing your knowledge around mental and physical health and identifying potential issues.

  3. Use of the Website

    Your use of the Website is at your own risk. You are responsible for taking all precautions you believe are necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by your use of the Website. Neither we nor anyone else involved in creating, producing or delivering the Website, our e-newsletters, articles, reviews, videos, presentations or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided.

    You must not use any means of automatically searching or mining data from the Website or in any way interfere or attempt to interfere with the proper operation of the Website.

    You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Website, our systems or data or those of any third party via the Website.

    The Website may contain links, articles, videos, pictures or any other form of media from third parties.

  4. General Disclaimer

    The Website is available to you on an ‘as is, with all faults and as available’ basis. The Websiteis continually updated and amended in accordance with our ongoing maintenance requirements and underlying goal to provide an excellent platform for you.

    Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data (including your data) or other service interruptions. For this reason, you expressly acknowledge and agree that your use of the Services is at your own risk.

    Any Services provided through OptimiseQ is done at your own discretion and risk and you will be solely responsible for any damage caused by you.

    We make no representation or warranty that your access to and use of the Websitewill be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

    We reserve the right to discontinue operating the Websiteat any time without notice.

    Any refunds will be entirely at the discretion of OptimiseQ.

  5. Limit of Liability

    You understand and agree that OptimiseQ shall in no way be liable for any reliance placed by you on the Services and information provided by OptimiseQ. The information provided on or through the Website is intended for educational and information purposes only. Is general in nature and has not taken into account your specific circumstances or requirements.

    Any self-assessment tools, surveys and programs provided by OptimiseQ are not intended to be a substitute for professional clinical or medical advice. While the results on the self-assessment tools, surveys and programs may be of assistance to you and your Employer, you should not substitute the results for clinical or medical advice.

    OptimiseQ does not guarantee the accuracy, quality, suitability, reliability or currency of any information on the Website.

    In cases of any losses not otherwise excluded by a term of this Agreement, OptimiseQ’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the most recent fee paid by the Employer to OptimiseQ.

    Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, OptimiseQ shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with OptimiseQ or any use of content provided on OptimiseQ, including any direct, indirect, incidental or consequential damage (including but not limited to loss of profits, business or goodwill).

    OptimiseQ will in no way be liable to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are linked from OptimiseQ.

    To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

    This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on this Website.

  6. Use of Personal Information

    You agree that all use of personal information will be in accordance with the terms of the privacy policy and your choices.

    You acknowledge that your personal information may be provided to your Employer by OptimiseQ, and utilised even when you are no longer employed by the Employer.

    Where data is provided to Employers for their internal use, OptimiseQ will only provide the data without personal details. OptimiseQ does not however warrant that an Employer can determine the individual user by correlating their data and the data provided by OptimiseQ.

    OptimiseQ does not guarantee the accuracy, quality, suitability or reliability of any information on their website.

  7. Copyright

    Our Copyright

    You acknowledge and accept that the material, information or data on the Website, including but not limited text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material and audio-visual material (“Material”) is owned by or licensed to OptimiseQ and is protected by copyright.

    You acknowledge and understand that unauthorised copying, re-publication or use of the material may violate copyright, trademark, and other laws.

    You are authorised by OptimiseQ to view, download, print and copy from the OptimiseQ website only such copies of the material as are strictly necessary for your records as a subscriber.

    Your Copyright

    OptimiseQ uses work of independent third parties for the purposes of research, study or to provide a review. OptimiseQ consider the use of this material to comply with the “Fair Dealing” provisions under the Copyright Act 1968 (Cth).

    If you consider your copyright or any other right to works has been infringed please contact us immediately. We will attempt to remove any reasonably claimed documents or media as soon as possible.

  8. Payment

    Fees, Payment and Cancellation

    Individuals who use the Website must pay the monthly subscription fee. Failure to make payment on the recurring monthly date for payment will result in immediate suspension of your account, which will result in you being unable to access your account and utilise the Services. Accounts may be reactivated upon payment being made.

    Where an Employer is liable for payment to allow their employees to access the Website, the Employer agrees to pay OptimiseQ as per the Terms of Engagement. The Employer also agrees to pay all applicable taxes, government charges and foreign exchange fees (if applicable).

    All amounts paid are non-refundable. The Employer remains liable for all amounts payable until the date of cancellation.

    OptimiseQ may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and the Employer agrees to reimburse us for all collection costs for overdue amounts

    We use Braintree as a third-party service provider for internet based payment services to facilitate payments for payment between the Employer and us. You and the Employer agree to be bound by Braintree’s terms and conditions which are located at https://www.braintreepayments.com/en-au/legal and hereby consent and authorise us and Braintree to share any information and payment instructions you or the Employer provide, to the extent required to complete the transactions.

  9. Specific Warning and disclaimer – Mental Health

    OUR ADVICE IS GENERAL ONLY IN NATURE. YOUR SPECIFIC CIRCUMSTANCES AND REQUIREMENTS HAVE NOT BEEN CONSIDERED.

    You should not act on the basis of anything contained on the Website without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay in seeking treatment because of something you saw, read or reviewed on our Website.

    You must make your own assessment of the information provided on the Website and if you choose to rely on the information, it is wholly at your own risk. The information on the Website is for general information only. It is not intended to be and should not be relied upon as a substitute for specific medical or mental health advice by a qualified health professional.

  10. Specific Warning and disclaimer – Physical Training

    OptimiseQ may provide you with advice, tips and programs in relation to your physical training (Physical Advice)

    The Physical Advice is not developed in consideration of your specific circumstances or requirements. The Physical Advice may not be suitable for your circumstances and you acknowledge that OptimiseQ is no way liable for any reliance by you on the Physical Advice provided.

    Please take into consideration the risks associated with your specific requirements and circumstances, any Services or Physical Advice provided through the Website is done at your own discretion and risk. Information provided on the Website is intended for educational and information purposes only.

  11. Social Media

    OptimiseQ have a number of social media accounts such as Facebook, Twitter, You-Tube, Instagram and LinkedIn (Pages). All content on our Pages is subject to the individual terms that are outlined by each social media provider.

    By using and interacting with our Pages, you agree to be bound by the terms of use on the relevant social media provider.

    You agree that we may access, store and use any information that you provide on our Pages in accordance with the terms of the Privacy Policy and your choices (including settings).

  12. Indemnity

    You hereby indemnify us and hold us harmless in respect of any loss, damage, liability, costs and/or expenses of whatsoever nature which we may suffer or incur as a consequence of or arising from or attributable to any acts or omissions on your part, including without limitation any loss, damage, costs and/or expenses of any nature whatsoever suffered or incurred by us as a result of any claims brought against us or yourself by any third party.

  13. Entire Agreement

    This Agreement constitutes the entire agreement between you and OptimiseQ and governs your use of the Services, superseding any prior written or oral agreements between you and OptimiseQ.

    The Terms shall be subject to the laws of Victoria and the parties shall submit to the exclusive jurisdiction of the Victorian courts.

  14. General

    If any of the Terms are held to be illegal or unenforceable for any reason, such provisions shall besevered, and the rest of the Terms shall remain in full force and effect.

    You may not assign, transfer or sub-contract any of your rights under the Terms without our priorwritten consent. We may assign, transfer or sub-contract all or any of our rights at any time withoutconsent.

    These Terms are governed and construed in accordance with the law of Victoria, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that State.

    Any indemnity or any obligation of confidence under these Terms is independent and survives the termination of this Agreement.