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Terms and conditions

Online services Terms and Conditions

1. Terms of Use (“Terms”)

1.1.These Terms apply to use of the ReturnToWorkSA Online Services (“Online Services”).

2. Agreement

2.1. By accessing or using the Online Services in any manner you are unconditionally agreeing to these Terms and any Conditions, notices, policies  or disclaimers contained anywhere within the Online Services.

2.2. ReturnToWorkSA may make changes to the Online Services from time to time.

3. User Account

3.1. You are solely responsible for your use of the Online Services.

3.2. You are responsible for maintaining control over access to your Online Services account (including the confidentiality of your password) and for all activities that occur under your account, whether authorised by you or not.

3.3. You must advise ReturnToWorkSA immediately of any suspected, threatened or actual unauthorised use of your Online Services account or other breach of security. ReturnToWorkSA will not be liable for any claim, loss or damage arising as a result of someone else using your password or account, either with or without your knowledge.

3.4. When creating any account to access the Online Services, you must provide current, complete and accurate information and promptly notify ReturnToWorkSA of any change in that information at all times.

3.5. ReturnToWorkSA does not make any representation or warranty about the identity or credentials of any other user of the Online Services.

4. Restrictions

4.1. When using the Online Services, you must not:

4.1.1. copy, reproduce, modify, create derivative works from, distribute or publicly display the Online Services or any Content, or any content provided by a third party, except to the extent permitted by law, or with the prior written consent of ReturnToWorkSA or the appropriate third party (as applicable);

4.1.2. infringe any applicable laws or regulations, or the rights of ReturnToWorkSA or any third party;

4.1.3. upload, publish or post false, inaccurate, misleading, defamatory or offensive content;

4.1.4. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

4.1.5. knowingly transmit data, send or upload material that contains viruses or other computer code programs or files designed to harm or interrupt functionality of any computer, computer software, hardware or telecommunications equipment;

4.1.6. take any action that imposes, or may impose, in ReturnToWorkSA’s sole discretion, an unreasonable or disproportionately large load on ReturnToWorkSA infrastructure;

4.1.7. use the Online Services in any manner that could damage, disable, overburden, or impair the Online Services or any network or other infrastructure used by or connected to ReturnToWorkSA;

4.1.8. interfere or attempt to interfere with the proper working of the Online Services, any other party's use and enjoyment of the Online Services,

4.1.9. gain or attempt to gain, unauthorised access to any areas of the Online Services, other accounts, or any systems, networks or infrastructure used by ReturnToWorkSA;

4.1.10. test the vulnerability of the Online Services or any network connected to the Online Services, or breach the security or authentication measures on the Online Services or any network connected to the Online Services;

4.1.11. use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Services or any transaction conducted on the Online Services;

4.1.12. use any device, program, algorithm or method to access, acquire, copy or monitor any portion of the Online Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Online Services or any Content; or

4.1.13. reverse look-up, trace or seek to trace any information on any other user of, or visitor to, the Online Services.

4.1.14. exploit the Online Services or information made available through the Online Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.

5. Confidentiality

5.1. You agree to adhere to section 185 and 186 of the Return To Work Act 2014 (SA) (“the Act”) to the extent that you are legally required and, in any event, agree to keep confidential any Personal Information made available to you through your use of the Online Services and any Personal Information uploaded by you to the Online Services.

5.2. You must notify ReturnToWorkSA as soon as practicable if you know or suspect a breach of clause 5.1 has occurred.

6. Disclaimer And Limitation Of Liability

6.1. The Online Services and all Content on the Online Services are provided “as is” and “as available” and without any further warranties of any kind.

6.2. You acknowledge that there will be occasions when all or part of the Online Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

6.3. You acknowledge and agree that in no event shall ReturnToWorkSA be liable in any way, whether in contract, tort (including negligence), or any other form of liability, for:

6.3.1. any claim, loss or damage, which may be incurred by you as a result of, or in connection with your use of, the Online Services and/or any third party content;

6.3.2. any special, indirect, incidental or consequential loss or damages (including, without limitation, legal fees); or

6.3.3. any direct or indirect loss or damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with your access to, use of, or inability to access or use any of the Online Services, or performance of software, documents, provision of or failure to provide Online Services, or information available from the Online Services.

6.4. Nothing in these Terms is intended to limit or exclude any warranty or liability where and to the extent that applicable law prohibits such exclusion or limitation, including under the Australian Competition and Consumer Act 2010 (Cth). Accordingly, some of the disclaimers and limitations of liability in these Terms may not apply to you.

7. Indemnity

7.1. You indemnify and hold harmless, and keep indemnified and continue to hold harmless, ReturnToWorkSA and its employees and agents against all claims, proceedings, expenses (including legal fees), loss and damage arising from:

7.1.1. any breach by you of the Terms, or of any law, rule, order, codes or regulation;

7.1.2. your breach, or alleged breach, of any third-party right, including without limitation, an intellectual property right, confidentiality, or privacy right; or

7.1.3. your access to or use of the Online Services.

8. Cancellation, Suspension And Termination

8.1. You may cancel your Online Services account at any time by contacting ReturnToWorkSA and following any instructions that ReturnToWorkSA provide to you for cancelling your account.

8.2. User accounts that have not been logged into for a continuous period of 18 months may be, at ReturnToWorkSA’s discretion, deactivated and/or archived.

8.3. ReturnToWorkSA is entitled to disable your access to any user account allocated to you at any time if, in ReturnToWorkSA’s reasonable opinion, you have failed to comply with these Terms or otherwise in its discretion.

8.4. The provisions of the clauses of these Terms in relation to confidentiality, indemnities, intellectual property rights and limitations of liability survive the expiry or termination of these Terms.

9. Links

9.1. Links to external websites are provided for your convenience and do not constitute an endorsement or a recommendation of any third party products or services offered. It is your responsibility to make decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.

9.2. Views or recommendations provided in the Online Services may include the views or recommendations of third parties and do not necessarily reflect those of ReturnToWorkSA.

10. Security

10.1. ReturnToWorkSA will use all reasonable actions to ensure that your information is not compromised. However, ReturnToWorkSA cannot guarantee that no harmful surreptitious code or contaminants, including viruses, bugs, trojan horses, spyware or adware, will enter online channels provided by ReturnToWorkSA.

10.2. ReturnToWorkSA accepts no liability or responsibility for any interference with or damage to your computer mobile device or other hardware, software or data occurring as a result of accessing the Online Services.

10.3. ReturnToWorkSA recommends that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.

10.4. ReturnToWorkSA may sever links to a website or system outside of its control if it compromises online channels provided by ReturnToWorkSA.

11. Copyright

11.1. ReturnToWorkSA is the copyright owner of all Content and materials on the Online Services unless they are clearly marked as being from a different source. Should you wish to use ReturnToWorkSA’s materials, copyright fees may apply.

11.2. The Content and material may be downloaded, displayed, printed and reproduced without amendment for personal, in-house non-commercial use including for research purposes at a recognised school or university. All such use will be entirely at your own risk.

11.3. Any other use of the Content or material including alteration, transmission or reproduction for commercial use is not permitted without the written permission of ReturnToWorkSA.

11.4. ReturnToWorkSA’s copyright agency is Copyright Agency Limited and fees relating to commercial use are often nominal.

12. Privacy

12.1. ReturnToWorkSA may collect and retain personal and other information about you when you access the Online Services.

12.2. There are protections built into the Act to safeguard the confidentiality of your information with some limited circumstances in which disclosures are permitted by law. ReturnToWorkSA respects your privacy and is very serious about its obligation to comply with all relevant privacy legislation and the non-disclosure requirements of the Act.

12.3. ReturnToWorkSA makes use of Google Analytics which records and collects data related to your use of the Online Services, such as the pages you visit and transactions performed. When you use the Online Services, this information may be connected to other data ReturnToWorkSA holds or to which it has access. This information will be used for analysis of usage of the Online Services and in furtherance of ReturnToWorkSA’s functions under the Act.

12.4. By accessing and using the Online Services, you consent to ReturnToWorkSA collecting the data referred to in clause 12.3 for the purposes mentioned in the clause.

13. General

13.1. The Online Services and any information provided within the Online Services is not intended or designed for distribution to or use by persons outside Australia.

13.2. ReturnToWorkSA’s failure or delay to exercise or enforce any of these Terms does not waive its right to enforce that right.

13.3. These Terms may be amended or replaced by posting the amended or replacement Terms on the ReturnToWorkSA website or other Online Services access location. The revised version will be effective in relation to any use of a Online Services subsequent to the posting of the varied or replacement Terms.

13.4. These Terms are to be construed according to South Australian law.

14. Dictionary

In these Terms, unless the context otherwise requires:

14.1. Content means material displayed by ReturnToWorkSA through the Online Services, including information, text, materials, images, photographs, graphics, video, navigational elements, software, tools, names, logos and trade marks on the Online Services.

14.2. Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

14.3. Online Services means any web based Online Services supplied by ReturnToWorkSA  for access including applications, tools, software, functionality, methodologies, Online Services and capability associated with the and made available to you as set out in these Terms.

14.4. ReturnToWorkSA includes its employees and agents.

14.5. You or your means any person visiting, accessing or using the Online Services, and includes a company or other legal entity or organisation.

Website Terms and Conditions

Disclaimer

Information provided on this website is general information only - it may omit detail that could be significant in a particular context or to your personal circumstances. If you rely on the information on this site, you are responsible for ensuring by independent verification its accuracy, currency or completeness.

The information and data on this website is subject to change without notice.

ReturnToWorkSA may revise this disclaimer at any time by updating this posting.

Links

Links to external websites are provided for your convenience and do not constitute an endorsement or a recommendation of any third party products or services offered. It is your responsibility to make decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.

Views or recommendations provided in linked sites may include the views or recommendations of third parties and do not necessarily reflect those of ReturnToWorkSA.

Security

You should be aware of the risks associated with using websites.

We will use all reasonable actions to ensure that your information is not compromised. However, we cannot guarantee that no harmful surreptitious code or contaminants, including viruses, bugs, trojan horses, spyware or adware, will enter online channels provided by ReturnToWorkSA.

ReturnToWorkSA accepts no liability or responsibility for any interference with or damage to your computer mobile device or other hardware, software or data occurring as a result of accessing ReturnToWorkSA's website.

We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.

We may sever links to a website or system outside our control if it compromises online channels provided by ReturnToWorkSA.

Google Analytics

ReturnToWorkSA makes use of Google Analytics which records and collects data related to your use of our website and online services, such as the pages you visit and transactions performed. When you use our online services, this information may be connected to other data ReturnToWorkSA holds or to which it has access. This information will be used for analysis of usage of our website and online services and in furtherance of ReturnToWorkSA’s functions under the Return to Work Act 2014.

By accessing and using this website and its online services, you consent to ReturnToWorkSA collecting the above-mentioned data for the above-mentioned purposes.