1. About Incolink and our Services
Redundancy Payment Central Fund Ltd (ABN 97 007 133 833) trading as Incolink (Incolink, we, us, our) has prepared this document.
The Incolink Application (App) provides you with information about, and access to, the following Incolink service offerings:
- Make a redundancy claim
- Check your balance, contributions, and income protection/portable sick leave insurances
- Update your details
- Learn more about Incolink’s Wellbeing & Support services and benefits for Members
- Register for your Digital Member Card
- Contacting Incolink
(The above is a non-exhaustive listing of our services, which are collectively referred to as Services in these Terms and Conditions)
These Terms and Conditions relate to the use and access of the App. These Terms and Conditions include terms that have certain meanings, which are set out in clause 3.
2. Your Contract with us
2.1 Your access to the App is subject to the following terms, as updated from time to time:
a) these Terms and Conditions;
b) any Declarations, Acknowledgements or Consents provided to you for your acceptance;
d) other terms and conditions which we tell you apply to this App, including the terms and conditions of a Third Party service provider on which the operation of this App or identification depends on. Where practicable, those terms and conditions will be made available on the App or our Website. We are not responsible for insuring the currency of Third Party terms and conditions.
To help you with reading these Terms and Conditions, we have provided definitions of some of the capitalised terms used in these Terms and Conditions:
“App” is the Incolink Application to which these Terms and Conditions apply.
“Digital Member Card” is a digital card provided by Incolink to Incolink Members.
“Force Majeure” is any event outside the reasonable control of Incolink, being any event, which could not have been prevented or avoided through the exercise of reasonable due care. It includes any act of God; power cut or outage; trade or labour dispute; act; failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a Third Party.
“Incolink”, “we”, “us”, “our” is the Redundancy Payment Central Fund Ltd (ABN 97 007 133 833) trading as Incolink and in our capacity as trustee for:
- Redundancy Payment Central Fund
- Redundancy Payment Central Fund No 2
- Redundancy Payment Approved Worker Entitlement Fund 1
- Redundancy Payment Approved Worker Entitlement Fund 2
- Construction Industry Complying Portable Sick Leave Pay Scheme.
“Incolink Members” refers to registered individuals who have been authorised by Incolink to access or use Incolink Services.
“Member Account” is an account of an Incolink Member which can be accessed through WorkerLink.
“WorkerLink” is Incolink’s web-based service portal which provides Incolink Members access to their Member Accounts.
“Services” refer to the services offered by Incolink as defined in clause 1.
“Third Party” is any third party who provides any service or function for this App, to Incolink or Incolink Members. A Third Party does not include Incolink.
“Website” is Incolink’s website, available at www.incolink.org.au.
“You” or “Your” is any user of the App.
4. Minimum requirements
4.1 In order to access or use the App, you will need an iPhone device running iOS10 or later or a smartphone device running Android 7.0 or later that is enabled for 3G or greater cellular or wireless data internet connection or an equivalent mobile or tablet device (Mobile Device).
4.2 You agree that meeting these requirements, which may change from time to time (the latest operating system requirements can be seen via Google Play™ store or Apple App Store®), is your responsibility.
While we normally try to make the App available 24 hours a day, 7 days a week, we are not 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. Fees and Charges
6.1 There are no direct fees for the use of the App or access to our Services.
6.2 We will not charge you for using the App. However, you may incur charges from your mobile service provider for downloading and using the App. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider
7. Digital Member Card
7. 1 The App allows you to register for a Digital Member Card, which will provide access to our Services as outlined in clause 1. Failure to register for a Digital Member Card may prevent you from accessing some of our Services including the administration of your Member Account.
7.2 To register for a Digital Member Card, you will need to provide us with your personal information, which may include your full name, email address and/or sensitive information.
7.3 We reserve the right to deny access or to refuse registration for a Digital Member Card to any persons at any time at our discretion.
8. Amendments to these Terms and Conditions
8.1 We may amend these Terms and Conditions by posting the changes on our Website and/or the A We may, at our discretion, notify you of any such changes by written or electronic notice to you (including via your Mobile Device). You are responsible for informing yourself of any changes by regularly viewing the relevant parts of the App or our Website. If you access or use the App after any amendments are posted, you are taken to have agreed to those amendments.
8.2 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 unless expressly requested to in writing.
9. Authority to use
9.1 We authorise you to use the App to do all or any of the following:
a) check your contribution transactions and balances within the Incolink funds;
b) update your contact details;
c) activate your Digital Member Card and access other documents and notifications we may be required or choose to give to you in connection with Incolink; and
d) access or use any other service or facility we may decide to make available from time to time through the App.
10. Acknowledgements, Representations and Warranties
10.1 You acknowledge and agree that:
a) You are solely responsible for all results of your use of this App; and
b) you will not allow any other person to use your login details to access this App.
10.2 If you represent a company or other legal entity, you represent and warrant that you are authorised to bind, and acknowledge that your access to or use of this App binds, that entity to these Terms and Conditions and any other terms to which you agree via the App or from us.
11. Your material and conduct
a) we will be entitled to use any material you transmit or post using the App for the purpose of providing you with our Services, and any other express or implied purpose for which the material was transmitted or posted; and
b) 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 11.1(a).
11.2 You are prohibited from posting or transmitting to or from the App any material:
a) 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;
b) for which you have not obtained all necessary licences and/or approvals;
c) 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
d) 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).
11.3 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 and their respective regulations, as amended or replaced from time to time, or any other industrial instrument applicable to Incolink.
11.4 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 11 or any law.
11.5 You warrant and represent to us that all information given or sent by you or on your behalf to us through the App is true and correct and is not misleading in any way, whether by inclusion or omission, and that you are the person whose details you provide in connection to our Services.
11.6 You may not misuse the App (including, without limitation, by hacking).
12. Protection of your WorkerLink Member Account
12.1 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 to use the App to access your Member Account and do any of the things the App is designed for (refer these Terms and Conditions). To minimise the risk of unauthorised use of the App (and your Member Account through the App), you agree that you will:
a) not leave your Mobile Device unattended;
b) lock your Mobile Device or take other steps necessary to stop unauthorised use of the App installed on your Mobile Device;
c) notify us immediately if your Mobile Device is lost or stolen;
d) only install approved applications on your Mobile Device;
e) not override the software lockdown on your Mobile Device (e.g., jailbreak your Mobile Device); and generally
f) keep your Mobile Device secure at all times.
12. 2 When you access WorkerLink via the App for the first time you will be required to insert your Incolink Member Number, set up an account by entering your personal details and select a password of your own choice. You must keep your password secure and confidential. You agree that you will not share your password and other login details with anyone. You alone are responsible for any unauthorised use of the App 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 App.
12.3 You are responsible for preventing any unauthorised use of, or access to, your account within WorkerLink whilst using the App. If you become aware of any unauthorised use of your account or the App, you must contact us immediately.
12.4 You agree to notify us (through the App or by e-mail at firstname.lastname@example.org) of any information changes (including your email address) to ensure we maintain correct information for your account.
We may need to verify your identity
13.4 As part of your use of the App, you will be required to provide your personal information and as such, you must:
a) ensure that all information provided to us is true, correct, and accurate at all times; and
b) immediately notify us if any of the information provided by you changes. You can do this by updating your details via the App or by contacting us.
13.5 We may collect, use, and exchange your personal information (including with Third Party providers) so we can confirm your identity. We usually conduct this when you are onboarded, apply for a payment, or otherwise use any of our other Services.
13.6 By using the App:
a) You acknowledge and agree that you are authorised to provide the personal information; and
b) you consent to your personal information (including your name, Incolink member number, email address, date of birth, and sensitive information) being exchanged with a Third Party provider solely for the purpose of confirming your identity, including to check your identification information against any identification document issued by the relevant document issuer or official record holder.
14. Suspension, Cancellation or Termination of App access
We may suspend, cancel, or 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 our policies; or
c) you have not complied with any of these Terms and Conditions.
15. Exclusion and limitation of our liability
15.1 You expressly agree that use of this App is at your sole risk.
15.2 All services and information provided on this App (including our Services) are provided on an "as is" basis. We exclude all warranties and guarantees in connection with the App and our Services, and your use of them. For the avoidance of doubt, this exclusion includes an exclusion of:
a) all conditions and warranties implied by custom, the general law or statute, and for loss or damage suffered by you in connection with:
(i) the use, inability to use or the results of use of the App, the Website or of any websites linked to the Website or the material on such websites; or
(ii) viruses that may infect your phone or tablet, software, data or other property on account of your access to, use of, or browsing or using the App or any websites linked to the App, or your downloading of any material from the App, Website or any websites linked to the Website; and
b) 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 15.2(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.
15.3 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:
a) in the case of goods supplied by us:
(i) the replacement of goods or the supply of equivalent goods;
(ii) the repair of goods; or
(iii) the refund of the price paid by you for goods; or
b) in the case of services supplied by us (including the provision or as part of the App or our Services):
(i) supply by us of the services again; or
(ii) the refund of the price paid by you for the services.
16. Release and indemnity
16.1 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, our Website or WorkerLink; or
(ii) any access to your Member Account (including in relation to any communication which you upload to, or download from, the Service);
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 16(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 WorkerLink or any access to your Member 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.
d) You agree to pay amounts due under the indemnity contained in this clause 16 on demand from us.
17. Conflicts with Information on our Website
If there is any inconsistency or conflict between any of these Terms and Conditions and anything stated in our Website, unless expressly stated otherwise, these Terms and Conditions prevail to the extent of the inconsistency or conflict.
18. 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.
19. Notification of breach of Terms and Conditions
You agree to notify us (through the App or by e-mail at email@example.com) immediately upon becoming aware that any of these Terms and Conditions have been breached in respect of your Member Account.
20. 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 of Victoria, Australia in respect of all matters arising out of or relating to these Terms and Conditions.
21. Force Majeure
21.1 We will, as soon as practicable, let you know if a Force Majeure event occurs.
21.2 Despite any other provision in these Terms and Conditions, if we are unable to perform or are delayed in performing an obligation under these Terms and Conditions by reason of a Force Majeure event:
a) That obligation is suspended by only so far and for so long as we are affected by the Force Majeure event;
b) we will not be responsible for any loss or damage you suffer, or expense you incur as a result of, and to the extent that, we are unable to perform our obligations, or the performance of our obligations is delayed, because of the Force Majeure event; and
c) the time for performing that obligation is extended by the duration of the Force Majeure event.
21.3 We will take all reasonable steps to avoid, remove or limit the effects of the Force Majeure event, and to perform our obligations as quickly as possible (however this does not require us to settle any strike or other labour difficulty on terms contrary to our wishes).
21.4 If a Force Majeure event persists for more than 30 consecutive days, Incolink reserves the right to:
a) terminate these Terms and Conditions;
b) terminate your access to this App, and any service and functionality provided through the Website, without incurring any liability to you.
Information provided by us
22.1 While we try to ensure that the information we post on, or which can be accessed via, the App, Website or WorkerLink is correct, we do not warrant the accuracy, currency, completeness, or usefulness of that information. Incolink do not represent or warrant that such information is free from any omissions, errors, or inaccuracies.
22.2 Without limiting the generality of clause 22.1, your use of any information, numbers, graphs, charts, or calculators on the App, Website or WorkerLink provide estimates or simulations only, and are neither quotes nor forecasts or assurances of the amount of any future benefits or payouts to which you, your dependants or legal personal representative may become entitled. They are not binding on us.
Links and other Third Party content
22.3 Links to Third Party websites on the App, Website or WorkerLink are provided solely for your convenience. If you use these links, you leave the App, Website or WorkerLink. 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, Website or WorkerLink, you do so entirely at your own risk.
Information does not take your circumstances into account
22.4 The information provided on this App, Website or WorkerLink is general information only and has been prepared without taking into account your personal objectives, financial situation or needs. We do not give any financial product advice through the App, Website or WorkerLink, and no information or material given through or posted on the App, Website or WorkerLink is to be construed as financial product advice. To the extent that information provide by us 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 to give such advice in respect of those financial products before you make any decision in relation to them.
22.5 All content included in or on the App, Website or WorkerLink (including, but not limited to, text, design, graphics, 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 on the App, Website or WorkerLink 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.
22.6 Other copyrighted works, trademarks, service marks, trade names and company logos utilised on the App, Website or WorkerLink are the property of their respective owners. The appearance of any such Third Party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such Third Party.
22.7 You may only view, print and download extracts from the App, Website or WorkerLink 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, Website or WorkerLink for public or commercial purposes without obtaining the prior written consent of Incolink and agreeing to the terms and conditions as reasonably required by Incolink.
ABN 97 007 133 833 © Redundancy Payment Central Fund Ltd 2020. All rights reserved.