Welcome to Incolink's smartphone application for approved third parties, which allows you to access information via your ComplianceLink account from your smartphone or tablet device. ComplianceLink is Incolink’s internet-based service for approved third party. This service, and the smartphone application, allows you to:
- check contributions and transactions made on behalf of Incolink workers;
- check contributions made by Incolink employers; and
- reset your password.
These terms and conditions apply to your use of the smartphone application (App or the Service) provided by Redundancy Payment Central Fund Ltd. (ACN 007 133 833) trading as Incolink and its associated entities, IPT Agency Co. Ltd (ACN 112 578 588) and IPT Agency Co. (No. 2) Ltd (ACN 114 668 101) (we, us or our). Please read these terms and conditions carefully before using the App, as downloading and installing the App on your mobile device is your acceptance of these terms and conditions. In addition, separate terms and conditions govern your use of ComplianceLink (whether through the App or otherwise), which you can view on the Incolink website at www.incolink.org.au, and either accept or decline them by clicking on the appropriate button at the end of those terms and conditions. While you may decline them, if you do so, you will not be able to use the ComplianceLink service or, as a consequence, the App.
1. Minimum requirements
(a) In order to use the App, you will need an iPhone device running iOS7 or later or a smartphone device running Android 4.0 or later that is enabled for 3G or greater cellular or wireless data internet connection or an equivalent mobile or tablet device (Mobile Device).
(b) You agree that meeting these requirements, which may change from time to time, is your responsibility.
We will not charge you for using the Service. However, you may incur charges from your mobile service provider for downloading and using the Service. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.
3. Changes to these terms and conditions
(a) We may change these terms and conditions by posting the changes on the on the Incolink website (www.incolink.org.au) and/or the App. You are responsible for informing yourself of any changes by regularly viewing the terms and conditions in the App or on the Incolink website. If you access or use the Service after any changes are posted, you are taken to have agreed to those changes.
(b) By installing the App on your Mobile Device, you agree to receive these terms and conditions and any amendments to them electronically via your Mobile Device and understand we will not send you a paper copy.
4. Authority to use
(a) We authorise you to use the App to do all or any of the following:
(i) check Incolink employer contributions within the Incolink funds;
(ii) update your contact details;
(iii) access other documents and notifications we may be required or choose to give to you in connection with the App; and
(iv) access or use any other service or facility we may decide to make available from time to time through the App.
(b) You agree that you will only use the App and the information you obtain as a result of your access to the App to perform your duties under the rules of the third party of which you are a member.
While we normally try to make the App available 24 hours a day, we will not be liable if for any reason the App is unavailable at any time or for any period. Access to the App may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond our control.
6. Intellectual property
(a) All content included in or on the App (including, but not limited to, text, design, graphics and code and any arrangement of those things) is owned by or licensed to us and is protected by copyright, trademark, and other laws in Australia and various other countries. The trademarks displayed in the App are owned by or licensed to us, or are otherwise properly used by us, and many of those trademarks are registered in Australia and a number of other countries around the world. We do not grant you any express or implied right to use, reproduce, modify, create derivative works from, upload, transmit or distribute that content, any of those trademarks or any other intellectual property.
(b) You may only view, print and download extracts from the App for your own personal use and not for commercial use. You do not have permission to copy, reproduce, republish, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the contents of the App for public or commercial purposes without our prior written consent.
7. Your material and conduct
(i) we will be entitled to use any material you transmit or post using the App for the purpose of providing you with services, and any other express or implied purpose for which the material was transmitted or posted; and
(ii) we and our associated entities, insurers, insurance brokers, contractors and other service providers engaged by us will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in it for any of the purposes referred to in clause 7(a)(i).
(b) You are prohibited from posting or transmitting to or from the App any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance to, or inconvenience for, us or any other person;
(ii) for which you have not obtained all necessary licences and/or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) You agree that you will not use the App or any information obtained as a result of your access to the App to contravene any law including, but not limited to, the Fair Work Act 2009 (Cth) and the Fair Work (Building Industry) Act 2012 (Cth) and their respective regulations, as amended or replaced from time to time, or any other industrial instrument applicable to Incolink.
(d) It is our policy to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 6 or any law.
(e) You warrant and represent to us that all information given or sent by you or on your behalf to us through the Service is true and correct and is not misleading in any way, whether by inclusion or omission.
(f) You may not misuse the Service (including, without limitation, by hacking).
8. Protection of your ComplianceLink account
(a) If your Mobile Device is lost or stolen, is hacked into or you allow others to use it without your supervision, others may be able able to use the App to access your ComplianceLink account and do any of the things the App is designed for (refer to the beginning of these terms and conditions and clause 4). To minimise the risk of unauthorised use of the App (and your ComplianceLink account through the App), you agree you will:
(i) not leave your Mobile Device unattended;
(ii) lock your Mobile Device or take other steps necessary to stop unauthorised use of the App installed on your Mobile Device;
(iii) notify us immediately if your Mobile Device is lost or stolen;
(iv) only install approved applications on your Mobile Device; and
(v) not override the software lockdown on your Mobile Device (eg, jailbreak your Mobile Device).
(b) When you access ComplianceLink via the App for the first time you will be required to insert your ComplianceLink access details which we will provide to you. You will then be requested to change your password to one of your own choice. You must keep your password secure and confidential. You alone are responsible for any unauthorised use of the Service as a result of you disclosing your password, or of any breach of security within any computer or other system you use to access the Service.
(c) You are responsible for preventing any unauthorised use of, or access to, your account within ComplianceLink whilst using the App. If you become aware of any unauthorised use of your account or the Services you must contact us immediately.
(d) You agree to notify us (through the Service or by email) of any address changes including your email address to ensure we maintain correct information for your account.
(i) to verify a worker’s membership details with Incolink; and
(ii) to verify contributions made by Incolink employers on behalf of workers.
(b) You must not separately store or collect any personal information of Incolink workers that you obtain from the App. You must not transfer, disclose or make available such personal information to any person (including yourself) outside Australia, or to allow any person outside of Australia to have access to such personal information.
(d) If you supply any personal information of another person to us using the App you must:
(i) ensure that you are authorised to disclose such personal information to us;
(ii) inform the person that his or her personal information will be disclosed to and collected by us;
(iv) upon our request, do all things reasonably required by us to assist us in discharging our obligations to that person under the Privacy Act 1988 (Cth).
We may terminate your access to the App at any time without notice including, without limitation, if we believe that:
(a) your use of the App is inappropriate;
(b) your use of the App is in breach of any law; or
(c) you have not complied with any of these terms and conditions.
(a) The contents of the App are intended to provide general information only and are not to be relied on by you, or for any particular purpose. We do not give any financial product advice through the Service, and no information or material given through or posted on the Service is to be construed as financial product advice. To the extent the Service may relate to financial products, we recommend you obtain your own financial product advice from an independent person who is licensed by the Australian Securities and Investments Commission (ASIC) to give such advice in respect of those financial products before you make any decision in relation to them.
(b) While we try to ensure that the information we post on, or which is able to be accessed via, the App is correct, we do not warrant the accuracy, currency, completeness or usefulness of that information.
(c) Without limiting the generality of clause 11(b) the results of your use of any calculators on the Service are estimates or simulations only and are neither quotes nor forecasts or assurances of the amount of any future benefits or payouts to which any Incolink worker may become entitled or any final amount owed by an Incolink employer. They are not binding on us.
12. Exclusion and limitation of our liability
(a) You expressly agree that use of this App and ComplianceLink is at your sole risk.
(b) All services and information provided on this App are provided on an "as is" basis. We exclude all warranties and guarantees in connection with the App and your use of it. For the avoidance of doubt, this exclusion includes an exclusion of:
(i) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
— the use, inability to use or the results of use of the App or the material on the App; or
— viruses that may infect your Mobile Device, computer equipment, software, data or other property on account of your access to, use of, or browsing or using the Service, or your downloading of any material from the Service; and
— any loss, cost, expense, damages or liability, including but not limited to loss of data, loss of income or any other direct, indirect, special or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and whether foreseeable or not, suffered or incurred by you or any other person in connection with any of the matters or circumstances described in clause 12(b)(a), except for any warranties or guarantees, or any such loss, cost, expense, damages or liability, which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
(c) Our liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited at our option to:
(i) in the case of goods supplied by us:
— the replacement of goods or the supply of equivalent goods;
— the repair of goods; or
— the refund of the price paid by you for goods; or
(ii) in the case of services supplied by us (including the provision or as part of the App):
— the supply by us of the services again; or
— the refund of the price paid by you for the services.
13. Release and indemnity
To the maximum extent permitted by law, you hereby:
(a) release and forever discharge us and our officers, employees, agents and contractors from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these terms and conditions, might have had against us or our officers, employees, agents or contractors arising out of or in any way connected with or incidental to:
(i) the use or misuse of the App, the Incolink website or ComplianceLink; or
(ii) any access to your ComplianceLink account (including in relation to any communication which you upload to, or download from, the Service or the App);
(b) covenant in favour of us and our officers, employees, agents and contractors not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 13(a); and
(c) irrevocably indemnify us and our officers, employees, agents and contractors against any claim, liability, loss or expense arising out of or in any way connected with or incidental to:
(i) the use or misuse of the App or ComplianceLink or any access to your ComplianceLink account by you or which is authorised, enabled or facilitated by you; and
(ii) any breach of any of these terms and conditions by you.
14. Website Links
Links to third party websites on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed all of these third party websites and do not control, and are not responsible for, these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the App, you do so entirely at your own risk.
15. Conflicts with other parts of Website
If there is any inconsistency or conflict between any of these terms and conditions and anything stated in any other part of our website at http://www.incolink.org.au, unless expressly stated otherwise, these terms and conditions prevail to the extent of the inconsistency or conflict.
16. Notification of breach of terms and conditions
You agree to notify us (through the Service or by email) immediately upon becoming aware that any of these terms and conditions have been breached in respect of your ComplianceLink account.
17. Unenforceable terms
If any provision of these terms and conditions is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these terms and conditions.
18. Governing law and jurisdiction
These terms and conditions are governed by the laws of Victoria, Australia. We and you submit to the exclusive jurisdiction of the courts exercising jurisdiction there.