REI Master Licence
Agreement Terms and Conditions
For products and
services made available by REI Master Pty Ltd (ACN 107 267 434, ABN 82 691 456
526) (REI Master®, REI Cloud®, EzyRez®), trading as REI Master, REI Cloud,
EzyRez, (we, us) located at 3/142 Siganto Dr Helensvale, QLD, Australia 4212.
I, you, your, the
Client, refers to the person or entity entering into this license agreement
with REI Master.
It is agreed:
DEFINITIONS
In this agreement,
unless the context clearly indicates otherwise:
Subscription means REI Master
shall in consideration for The Client paying an access fee per calendar month
(inclusive of GST) or such other fee as determined by REI Master from time to
time (Access Fee) provide The Client with access to REI Master’s
Application known as REI Master,
or REI Cloud, or EzyRez.
Applicable Law means:
(a) any Act of Parliament
(Commonwealth or State) applicable to the performance of the Services; and
(b) Privacy Laws,
in all cases together
with any delegated legislation such as rules, regulations made under it and
includes any amendment, variation or re-enactment or replacing legislation.
Consequential
Loss means loss that is indirect loss, consequential loss, loss of income or
revenue, loss of profits, or loss of savings.
Corporations Act means the Corporations
Act 2001 (Cth).
The Client means, the
person, persons or entity, entering into this agreement with REI Master having
responsibility for all users managed by The Client and settlement of accounts
and other matters.
Users means the users
of REI Master’s Application as managed by The Client, who are entering into
this agreement with REI Master.
Initial Term has the meaning of 12
calendar months.
Further Term has the meaning
of a rolling annual (12 calendar month) agreement unless otherwise specified in
writing.
Casual Term has the meaning
of a rolling month to month (1 calendar month) agreement unless otherwise
specified in writing.
Intellectual Property
Rights means all and any patents, patent applications, trade marks,
service marks, trade names, registered designs, unregistered design rights,
copyrights, know how, trade secrets, domain names, internet addresses, rights
in Confidential Information, and all and any other intellectual property
rights, whether registered or unregistered, and including all applications and
rights to apply for any of the same now or in the future.
Personal Information has the meaning
given under the Privacy Act 1988 (Cth).
REI Master’s
Application means any software application, web application, mobile device
application or other software product and/or service made available by REI
Master from time to time, and includes the database structure and all
components and parts of REI Master’s applications that facilitate an End User
to access those applications and services to make use of REI Cloud during
the Term.
Term means the
Initial Term and any Further Term, subject to termination/cancellation in
accordance with this agreement.
INTERPRETATION
In this agreement,
unless the context clearly indicates otherwise:
· a reference to this
agreement or another document means this agreement or that other
document and any document which varies, supplements, replaces, assigns or novates
this agreement or that other document;
· a reference to legislation or
a legislative provision includes any statutory modification or
substitution of that legislation or legislative provision and any subordinate
legislation issued under that legislation or legislative provision;
· a reference to
a clause or an annexure is a reference to a
clause or an annexure of this agreement;
· annexures form part of this
agreement;
· a reference to
a person includes a natural person, corporation, statutory
corporation, partnership, the Crown or any other organisation or legal entity;
· a reference to
a corporation includes its successors and permitted assigns;
· a reference to a
right or obligation of a party is a reference to a right or obligation of that
party under this agreement;
· a requirement to do
any thing includes a requirement to cause that thing to be done and a
requirement not to do any thing includes a requirement to prevent that thing
being done;
· including and includes are
not words of limitation;
· the words at
any time mean at any time and from time to time;
· a word that is
derived from a defined word has a corresponding meaning;
· monetary amounts are expressed
in Australian dollars;
· the singular includes
the plural and vice-versa;
· words importing one
gender include all other genders; and
· a reference to a
thing includes each part of that thing.
CHOICE OF LAW
These terms and
conditions are subject to the Laws of the State of Queensland, Australia. Each
party irrevocably submits to the non-exclusive jurisdiction of the courts of
Queensland. You agree to bear reasonable costs in relation to our compliance
with any lawful request from any Law Enforcement agency in relation to your use
of our Materials.
VARIATION
These Terms and
Conditions may be varied by REI Master by giving 14 days notice of variation to
you, accessible through in app pop ups and the Terms and Conditions link.
ENTIRE AGREEMENT
This agreement
constitutes the entire agreement between the parties regarding the matters set
out in it and supersedes any prior representations, understandings or
arrangements made between the parties, whether orally or in writing.
COMPULSORY ACCEPTANCE
It is a condition of
use of the REI Master products and services that all clients and all of their
Users must agree to REI Master’s most recently published Terms and
Conditions. Users who do not agree with these Terms and Conditions will not
be granted access to REI Master’s products and services.
SEVERANCE
If any clause or part
of any clause of these Terms and Conditions is in any way unenforceable,
invalid or illegal, it is to be read down so as to be enforceable, valid and
legal. If this is not possible, the clause (or where possible, the offending
part) is to be severed from these Terms and Conditions without affecting the
enforceability, validity or legality of the remaining clauses (or parts of
those clauses) which will continue in full force and effect.
RELATIONSHIP OF
PARTIES
These Terms and
Conditions do not create a principal and agent, joint venture, partnership or
fiduciary relationship between the parties.
METHODS OF
COMMUNICATION
REI Master’s primary
method of communicating with clients will be to the Users nominated email
address. It is the client’s responsibility to ensure that emails from us
are not blocked, junked or otherwise unable to be delivered. We will also
contact you on your nominated phone number(s).
You may contact us
through our customer portal within the REI Master Application or by phone on
+61 7 5519 5955 or email admin@reimaster.com.au.
SOFTWARE LICENCE
Software, database
design, products, online and other services (REI Master’s Materials) are made
available to the Client by way of a limited Licence to use REI Master’s
materials granted by REI Master in return for payment of subscription and other
fees by the Client. This licence is not transferrable and remains the property
of REI Master. The Client is responsible for supply, installation and
maintenance of equipment, internet access and other technology and software
required by the Client to access the licenced REI Master Materials. The
software is licensed per definable business operation, and/or Community Title
Scheme, considering the geographic delivery of your business service(s), and
solely at REI Master’s discretion.
RISK
1. Nothing in these
terms and conditions excludes, restricts or modifies any condition, warranty,
right or liability implied in these terms and conditions or protected by law to
the extent that such exclusion, restriction or modification would render these
terms and conditions or any provision of these terms and conditions void,
illegal or unenforceable. Subject to that, any condition, warranty, right or
liability which would otherwise be implied in these terms and conditions or
protected by law is excluded.
2. In utilising the
REI Master products and services, you agree to maintain Professional Indemnity
and Business Interruption insurance to a level in line with your ongoing
business activity and risk.
3. You acknowledge
and agree that breaches of any of the conditions contained herein by you, and
any of your employees, contractors, subcontractors, associated entities or any
third party accessing your service may cause damage to REI Master, its
associated entities, officers, employees, agents, contractors and service
providers.
4 . In using this
service, you agree at all times to indemnify and hold harmless REI Master and
each of its associated entities, officers, employees, agents, contractors and
service providers (“those indemnified”) from and against any action, claim,
demand, loss, damage, damages, expense or liability (including legal costs on a
solicitor and own client basis) incurred or suffered by any of those
indemnified which arises from: (a) any breach by you or any of your officers of
these terms and conditions; or (b) any wilful, unlawful or negligent act, error
or omission by you or any of your officers, employees, agents or contractors.
5. Without limiting
the foregoing and to the maximum extent permitted by law, you release and hold
harmless REI Master, it’s related bodies, subcontractors and employees from any
action, claim, demand, loss, damage, damages, expense or liability arising from
or in connection with your use of, or inability to use, the REI Master products
and services.
6. At REI Master’s
discretion, we may seek any and all remedies available to us under law to our
satisfaction and conclusion. You agree to bring to our attention as soon as
practicable details of any breaches, or suspected breaches of these conditions,
in order to mitigate the possibility of risk and damage to all parties.
7. Whilst every
effort will be made by REI Master to ensure that the products and services meet
your needs to the maximum extent permitted by law, the REI Master products and
services are supplied “as is”, with all “faults” and REI Master gives no
express guarantees or warranties in respect of the products and services.
8. If REI Master
fails to comply with any statutory guarantee which by law may not be excluded,
then to the extent the law permits REI Master to do so, the liability of REI
Master for any breach of such guarantee shall be limited, at the election of
REI Master, to providing you with any one or more of the following remedies:
(a) supplying the products or services to you again; (b) providing equivalent
products or services to you; (c) paying for the cost of having the products or
services supplied again; or (d) payment of the cost of having equivalent
products or services supplied.
9. In using the REI
Master products and services, you accept and agree that REI Master will not be
responsible or liable for any special, incidental or consequential damages
(whether in tort or in negligence including but without limitation, damages for
loss of business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of, lack of use of, or the
inability to use the REI Master products and services. You agree that it is
your responsibility to choose software, products and services that meet your
needs.
10. Should you suffer loss or damage as a result of our
negligence or failure to comply with these terms and conditions and we are unable
at law to exclude liability, then any claim by you against us arising from our
negligence or failure will be limited in respect of any one incident, or series
of connected incidents, to the value of the subscription fees paid by you in
the previous 12 months or $500.00 whichever is then lesser.
SERVICE CONTINUITY
Despite anything else
in this agreement, REI Master does not undertake, warrant or guarantee that the
Client’s access to the REI Master Products and Services will be uninterrupted,
continuous or error free. The client acknowledges and agrees that the
Client’s use of the REI Master products and services is dependent on, and
affected by a number of factors outside the reasonable control of REI Master,
including systems, hardware, software and any services of suppliers to REI
Master. In the event of a general failure of the REI Master products and
services being accessible by the client, REI Master will use reasonable
commercial endeavours to restore access to the REI Master products and services
with the minimum practical delay.
The client
acknowledges that from time to time both REI Master and suppliers to REI Master
will conduct routine and other maintenance on the REI Master products,
services, supporting systems and infrastructure and the client agrees that,
during the period of such maintenance, the client may not be able to access or
use the REI Master products and services.
INTELLECTUAL PROPERTY
RIGHTS
1. REI Master retains
ownership of all Intellectual Property Rights in REI Master’s Application and
materials and nothing transfers any ownership of any of REI Master’s
Application or materials to the Client.
2. All Intellectual
Property Rights discovered, created, developed or otherwise coming into
existence as a result of, for the purposes of, or in connection with the
performance of the product and services and development of REI Master’s
Application, database, database design, files, processes and procedures
(Created Materials), vest in and are immediately assigned to REI Master upon creation.
3. The Client must
not modify, translate, reverse engineer or attempt to reverse engineer,
recompile, disassemble, tamper with, create derivative works based on, combine
with other software or copy REI Master’s Application or materials in whole or
in part.
TERM
The Initial Term commences on the date of
creation of the client’s account. Upon expiry of the Initial Term, if neither party has provided written notice of
cancellation or alteration to a Casual
Term, the term shall be automatically extended by the period specified as
the Further Term. Upon expiry
of the Further Term, if neither
party has provided written notice of cancellation or alteration to a Casual Term, the term shall be
automatically extended by the period specified as the Further Term. Upon expiry of a Casual
Term, if neither party has provided written notice of cancellation or
alteration to a Further Term, the
term shall be automatically extended by the period specified as the Casual Term.
WARRANTY
The client warrants
to REI Master that the Client has the requisite power, authority, rights,
permits, licences, authorisations and accreditations to enter into this
agreement and carry out the obligations under this agreement and has where
necessary sought professional advice as to both the client’s and REI Master’s
obligations under this agreement. The client warrants to REI Master that
the client is fully aware of, and agrees to without exception, to these terms
and conditions.
SOFTWARE SUBSCRIPTION
The subscription
commences from the date of creation of the Client’s account and is payable
monthly in advance. The subscription is a compulsory and ongoing component
while using the software and services. The continual use and access to the
software and services is dependent on the monthly subscription and all other
invoices being paid in full. The monthly subscription payment and acceptance of
the terms and conditions must be maintained until the use of the software and
services is no longer required.
The subscription
entitles subscribers to:
A) use the software and services;
B) all upgrades and updates for only the module subscribed to;
C) access to telephone/internet/email support.
The client agrees to
use the REI Master products and services for lawful purposes only.
CANCELLATION BY THE CLIENT
Cancellation within
the initial contracted period (Cancellation within Initial Term)
The client may, at their discretion cancel their subscription by giving one
month’s written notice to REI Master and by paying out in full the balance of
any contracted subscription amounts for the Initial Term and outstanding
accounts.
Cancellation within
the ongoing contracted period (Cancellation during Further Term)
The client may, at their discretion cancel their subscription by giving one
month’s written notice to REI Master and by paying out in full the balance of
any contracted subscription amounts for the Further Term and outstanding
accounts.
Cancellation outside
of a contracted period (Cancellation within Casual Term)
The client may, at their discretion cancel their subscription by giving one
month’s written notice to REI Master and by paying out in full the balance of
any contracted subscription amounts for the Casual Term and outstanding
accounts.
CANCELLATION BY REI MASTER
Cancellation within
the initial contracted period (Cancellation within Initial Term or Further
Term)
REI Master may, at REI Master’s discretion, cancel the client’s subscription if
the client fails to comply with these Terms and Conditions by giving one
month’s written notice to the client’s nominated email address, and by
refunding any payments made by the client for subscription in advance.
Cancellation outside
the initial contracted period (Cancellation within Casual Term)
REI Master may, at REI Master’s discretion cancel the client’s subscription by
giving one month’s written notice to the client’s nominated email address.
Cancellation/suspension
due to an outstanding account
REI Master may, at REI Master’s discretion cancel or suspend the client’s
subscription immediately by giving written notice to the client’s nominated
email address.
Cancellation/suspension
for convenience at any time
In extreme situations, in order to protect REI Master’s business interests,
client or clients, staff, contractors, third parties, intellectual property,
exposure to risk or other circumstance at REI Master’s discretion, REI Master
may, at REI Master’s discretion cancel or suspend the client’s subscription
immediately by giving written notice to the client’s nominated email address,
without refund or redress by the client.
PRICING
All pricing and
amounts quoted are in Australian Dollars ($AUD) and include GST.
For changes to the
pricing or the included features, of the subscription tier feature set
subscribed to by the client, we will provide approximately one month’s written
notice to your nominated email address.
Pricing and what is
included in each subscription tier is at the complete discretion of REI Master.
From time to time,
new billable products and services, or subscription tiers will become available
for the client's consumption.
REI Master will not
change the subscription pricing, reduce included features or subscription tier
feature set while the client is within their initial term of contracted
subscription.
The client warrants
to REI Master that the client will check that any invoice issued by REI Master
is true and correct for their business needs, within 7 days of issue by REI
Master, and notify REI Master of any discrepancies or errors in writing within
14 days.
The client warrants
that should the Client be capable of consuming a REI Master Product or Service
by way of available feature, feature set, product or service, due to the
Client's subscription level, then the Client is responsible for payment for the
set fees and charges for that subscription level, even if the Client in
retrospect, subscribed to that subscription level, product or service, feature
or feature set due to an error on behalf of the Client or REI
Master.
PAYMENT METHODS
Direct Debit
Our preferred payment method for all products and services is by Direct Debit
from any Australian bank account. Payment by Direct Debit does not incur
the Client any additional fees, charges or handling costs.
Payment by Credit
Card
We are charged credit card processing fees and merchant fees by our bank (NAB)
and our Online Merchant Gateway provider (eWay). Our policy is to on
charge these fees to our clients at cost. For payments by credit card a
fee of 2% of the billed amount plus 44c per transaction will apply. Additional fees and handling costs may apply.
Other Payment Methods
Payment by Direct Credit is available by special arrangement. We do not accept
cheques or cash. Additional fees and handling costs may apply.
Currency
Payments for our products and services are made in Australian Dollars ($AUD).
PAYMENT TERMS
a) Software
subscription
Monthly in advance
b) Training, consulting, travel fees and all other charges
Payable in advance or C.O.D. by special arrangement.
c) Installation packages, set up fees, training courses, seminars and other
services
Advance payment
d) SMS/MMS delivery charges
Monthly in arrears
e) Document and file storage and retrieval charges
Monthly in advance
FAILED PAYMENT
An administration fee
of $22.00 applies per failed transaction where any automated Direct Debit or
Credit Card processing fails, bounces or is otherwise rejected.
OUTSTANDING ACCOUNTS
At REI Master’s
discretion, a client may be denied access to REI Master’s products and services
if the Client’s account is not settled or suitably in credit. Without
limitation, the client holds harmless, releases from liability and indemnifies
REI Master against any claims, liability, loss, damages or expenses suffered by
the client including where such inability to access the REI Master products and
services has been caused or contributed to by a suspension of access of a user
or client REI Master’s products and services at the discretion of REI Master.
CANCELLATIONS AND
REFUNDS
For software
subscription within the initial contracted period (Initial Term):
a) No refund/cancellation
For software
subscription within the ongoing contracted period (Further Term):
a) 1 months’ written notice for cancellations must be given by the
client,
b) No partial refunds given for pro rata,
c) No refunds for consumed/supplied services and/or subscription/keys.
For non subscription
goods or services already consumed by/supplied to you, or work carried out by
us at your instruction:
a) No refund/cancellation
For non subscription goods or services not already consumed by/supplied to
you
a) Full refund (48 hours cancellation notice required)
VERSIONS/MODULES
REI Master provides
different products versions, modules and service tiers at different prices,
which is at the discretion of REI Master. This means that certain
features, functions and services are not available in all subscription levels.
A client can choose the appropriate level of features and services to suit
their needs and budget, by selecting a suitable subscription level, and from a
range of add on modules and versions. REI Master reserves the right to alter
the constitution of the various subscription levels, features, functions and
services at REI Master’s sole discretion, by providing one month’s written
notice to your nominated email address. REI Master will not change included
features or subscription tier feature set while the client is within their
initial contracted subscription period.
CONSULTING AND
BOOKKEEPING SERVICES
Payment terms for all
consulting and bookkeeping services are COD. These services are charged in 30
minute increments with the minimum fee period being one hour. Any interruptions
to the scheduled appointment will not affect the billing period. It is the
client’s responsibility to ensure that their full attention can be given to the
consultant conducting the appointment. Under no circumstances will a consultant
assist a client with physical disbursal of funds from their bank account. When
REI Master provides bookkeeping services to the client, these are strictly
consulting appointments where we assist and help the clients with their
bookkeeping tasks. At no time will REI Master be responsible for the reporting,
compliance, data retention or other obligations of the client. It is the
client’s responsibility to check the accuracy, completeness and satisfaction
with the results of any bookkeeping services provided by REI Master. From time
to time, REI Master may keep records of Consulting and Bookkeeping Services
provided to the client, and unless specified in writing by the client to the
contrary, the client authorises REI Master to collect and retain this
documentation in both hard copy and digital form. These documents remain the
property of REI Master. Such documentation may be provided to any third party
at the client’s written request, or to a law enforcement or other government
agency authorised under Law to request such documents from REI Master.
Generally speaking REI Master does not keep such documentation for periods
greater than 12 months. At REI Master’s discretion or at the client’s written
instruction, such documents will be deleted or destroyed subject to REI
Master’s obligations under the Law. In accepting the provision of Consulting
and Bookkeeping Services from REI Master, the client acknowledges that REI
Master is not an Accounting, Legal or Audit provider and that the client may
need to obtain the services of their trusted professional advisor in order to
meet their obligations under the Law.
PHYSICAL LOCATION OF ONLINE
SERVICES
Primary – Microsoft
Azure Sydney
Secondary – Microsoft Azure Melbourne
Associated Services – Onthenet Gold Coast
PRODUCT SUPPORT
Availability
9:00AM to 5:00PM Australian Eastern Standard Time (QLD time) Monday to Friday
excluding QLD public holidays and other notified office closures.
Support Channel
A support request can be logged and managed from within the REI Master
application.
Support Response
Depending on the nature of your support request, we will contact you by email
or phone.
Included Services
Product support covers unlimited support and advice on the correct operation of
the software. A fair use policy applies, whereby at REI Master’s
discretion a user may be directed to our online training tools, training
courses or consulting services for further assistance.
Consulting
Training, support and advice that is specific to the client’s individual needs
and circumstances is considered a consulting service and is not included in
product support.
Remote Access
Support staff do not have access to your REI Master products, services or data.
Should a consultant deem it necessary to view your screen in order to assist
you with a support request, both us and the client will use www.teamviewer.com.
Response Times
Support requests are queued and responded to in the order that they are
received. Support requests must be logged 15 minutes before close of
trade to ensure same day response.
Emergency Weekend
Support
Support is available on weekends during the hours of 9:00AM and 5:00PM for the
emergency non operation of your software. Support requests must be logged
1 hour before close of trade to ensure same day response. Only emergency
support will be responded to. A fee of $220.00 will apply for any support
responses not deemed to be an emergency.
Bank Reconciliation
Support
Bank reconciliation support covers the correct operation of the program and
assistance with appropriate procedures in order to achieve a balance. Specific
bank reconciliation assistance using Client’s data and bank statements as well
as general computing assistance is considered a training / consultation item
and is not included in telephone / internet support.
SUPPORT AND
CONSULTING SERVICES DISCLAIMER
At all times it will
be the client’s responsibility to decide whether the support, consulting
services and advice provided by REI Master is suitable to their needs.
The client agrees to be fully and solely responsible for any action taken by or
in collaboration with a REI Master support consultant, including but not
limited to if the support, consulting and advice given by REI Master is
misinterpreted, misunderstood, inaccurate or otherwise unsuitable for the
client. We offer our support, consulting and advice in good faith, based
on what we believe to be in the best interests of our clients. If the
client does not understand or agree with the support or advice given by REI
Master, including retrospectively, then it is the client’s choice whether or not
to act on or follow that support and advice.
CLIENT DATA AND FILES
Ownership of Data
At all times the client’s data and files that are accessed using the REI Master
products and services will remain the property of REI Master for the exclusive
use of the client. The client grants REI Master or must obtain for REI
Master, a non-exclusive, royalty free, irrevocable, transferable licence
(including the right to sub-licence) to use, reproduce, adapt, modify,
distribute and otherwise deal with the client’s data and files, to the extent
necessary for REI Master to provide the REI Master products and services to the
client.
Ownership of database
design, layout and structure
At all times any database(s), database design, database architecture layout and
structure will remain the property of REI Master.
Restriction of use
The client agrees never to use the REI Master products and services to store,
copy, share, or otherwise infringe on the intellectual property rights of any
third party. The client agrees to only use the REI Master products and service
to store files, images, video, music, documents, data, processes and ideas that
are solely the property of the client and for lawful purposes. The client
agrees to never use the REI Master products and services to store data or files
that contain credit card information.
Client access to data
A client can access their data by way of the available screens, pages, lists,
reports and other features within the REI Master Application, while the
client’s subscription is active and their account suitably settled or in
credit. Due to security and data
encryption requirements, client data is made available within the REI Master
application only and is not accessible in raw form, nor is it available for
download en-masse. The client agrees to maintain an active subscription to REI
Master’s products and services at all times during which the client requires
access to their data.
Deletion of data
If a client’s subscription is cancelled, client data and files will be
automatically deleted from all of REI Masters products and services after a
period of 30 days. Deleted data and files are not recoverable by the
client or REI Master, this process is permanent.
Data retention for
convenience and/or regulatory compliance
A client may wish for REI Master to archive their data and files within the REI
Master products and services, by maintaining a low level subscription.
Archived data and files are not available for the client to access using the
REI Master products and services, without reinstating an appropriate
subscription level.
USE IN PROMOTION
Unless specifically
excluded in writing by the client, the client grants REI Master permission to
advertise without restriction or limitation, that the client is a customer of
REI Master, including use of the client’s business name, logo and any written
communication from the client to REI Master that may be suitable for marketing
purposes.
USER SECURITY
A client is in
control of inviting and managing the individual user access to the client’s
data and associated products and services. The client is fully and
completely responsible for granting, managing and revoking access to users, and
for maintaining, and changing user passwords and permissions relating to a
user’s access to the client’s data through the use of the REI Master products
and services. The client is fully and completely responsible for any of
the client’s Users’ use of the REI Master products and services,
including if the User’s use of the REI Master products and services is
unintended, or causes harm, incurs cost or damage or other outcome, to either
the client or REI Master. The client is responsible for any dispute between the
client and any of the client’s users of the REI Master products and services.
In the event that a
client’s data and services is accessed through means of a correctly supplied
username and password, such access is completely at the risk and responsibility
of the client, even if that access was unintended, the result of unauthorised
access by a current or former employee, or by any third party having
legitimately or otherwise obtained (including but not limited to hacking,
scams, brute force attacks, phishing, insecure practices, and surveillance) the
client’s user’s username and password. It is the client’s complete
responsibility to grant access permission to trustworthy persons, to use
passwords only of an appropriate length and complexity, to change passwords
regularly, and to maintain high standards of security of their own operating
environment and devices. In the event of a suspected breach of the client’s
user’s usernames and or password security, it is the client’s responsibility to
a) change all of the passwords as required, b) revoke access to certain users
and c) notify REI Master of the suspected breach and d) otherwise comply with
Australian law in respect to their obligations to their own clients and
customers.
USER AUTHORITY AND
RESPONSIBILITY
The client warrants
that;
a) All users as managed by the client have
the authority and responsibility granted by the client to accept and be bound
by these terms and conditions.
b) The client will not grant access to REI
Master’s products and services to any user who cannot have the responsibility
or authority to accept or be bound by these terms and conditions.
c) The client will be responsible for all
of the actions of all users managed by the client including but not limited to
purchasing activities, and any actions within the REI Master products and
services or use of the REI Master products and services and services that may
or may not be in the client’s interests.
d) The client will be responsible
for the payment of all costs incurred by the client's users including but not
limited to SMS, MMS, storage space, subscription, subscription level increases,
per user costs, purchase of training and or consulting products and services
and any spending decisions users in relation to their use of the REI Master
Products and Services.
NOTICE TO END USERS
Where the Products
and Services are made available to you through an organisation (e.g. your employer),
that organisation is the administrator of the Products and Services and is
responsible for the accounts and users over which it has control. We are not
responsible for the privacy or security practices of an administrator's
organisation, which may be different than this policy.
Administrators are
able to, but not limited to: require you to reset your account password,
restrict, suspend or terminate your access to the Products and Services, access
information in and about your account, access or retain information stored as
part of your account, install or uninstall third-party apps or other
integrations, restrict, suspend or terminate your account access, change the
email address associated with your account, change your information, including
profile information, restrict your ability to edit, restrict, modify or delete
information, If you use an email address provided by an organisation (such as
your work email address) to access the Services, then the owner of the domain
associated with your email address (e.g. your employer) may assert
administrative control over your account and use of the Products and Services
at a later date.
RESTRAINT
During the term of
subscription and for a period of 6 months following the cancellation of
subscription by either the client or REI Master, the Client must not and must
ensure that the client’s related bodies and employees do not, without the prior
written consent of REI Master, seek to engage or engage the services of any
person who is or becomes an employee of REI Master, whilst such a person
remains an employee of REI Master and for a period of 6 months after the
termination of their employment.
TRUST ACCOUNT OPENING
BALANCE
If the client
operates a statutory trust account, a 3 way trust account reconciliation
balance must be provided (opening balances – properly reconciled to bank
statements) in order to begin processing in REI Master’s products and services.
If this information is not provided to REI Master, a final 3 way trust account
reconciliation balance may not be achievable.
SMS/MMS
The SMS/MMS rate
quoted only applies to the domestic (within Australia) SMS networks / services.
SMS/MMS messages sent to non-domestic (outside Australia) mobile numbers may
attract a surcharge. At the time of printing this agreement there are no known
surcharges. REI Master will provide you with at least seven (7) days’ written
notice of such applicable surcharges. REI Master reserves the right to vary the
current SMS/MMS rate at any time by giving you at least fourteen (14) days’
written notice. REI Master is not responsible for any SMS/MMS messages sent
through the use of our software. It is the business proprietors’ responsibility
to ensure their staff are not misusing the SMS/MMS service, and to have sufficient
procedures and monitoring in place to prevent misuse. REI Master accepts no
responsibility for messages not being delivered once it has been sent from our
software. REI Master accepts no responsibility for problems caused by internet
services, telecommunication services, poor network coverage, or faulty mobile
phones, etc. A suitable, permanent, fast internet connection must be maintained
in order to use the SMS/MMS service.
PRIVACY POLICY
REI Master Pty Ltd is
committed to protecting your privacy. We lawfully collect personal information
that is necessary for our business to function. The information we collect and
hold will depend upon the products and services you request from us. This
information will include your name, address and contact details and information
derived from communications between us and you. We use the information we
collect for the purpose disclosed at the time of collection, or otherwise as
set out in this Privacy Statement. We will not use your personal information
for any other purpose without first seeking your consent, unless authorised or
required by law. Generally we will only use and disclose your personal
information to establish and maintain your relationship as a customer of REI
Master Pty Ltd, to provide the products and services you have requested from
us, to administer and manage those products and services, to answer your
enquiry, and for direct marketing of any products or services we believe you
may be interested in. If we contact you in a way without obtaining your prior
consent, we will provide you with the opportunity to decline any further
marketing communications. If you at any time receive any communication from us
which you would not like to receive, please contact us and we will discontinue
such communication. If you have a complaint relating to our handling of your
private information, please contact us and we will take any necessary
corrective action within reasonable grounds, and respond to your complaint
within 30 days. REI Master will take reasonable steps to keep secure any
personal information which we hold and to keep this information accurate and up
to date. Personal information is stored in a secure server or secure files. It
may be necessary for us to review and revise our Privacy Policy from time to time.
An amended version will form part of these Terms and Conditions.
These Terms and
Conditions explain about how we use information about you. If you do not
agree with this policy, do not access or use our Services or interact with any
other aspect of our business.
PRIVACY AND
NOTIFICATION OF DATA COLLECTION STATEMENT
1. REI Master
collects your personal information so that we can perform our various functions
and activities. REI Master also collects your personal information if the law
requires us to collect it.
2. To access our
products or services or for employment, REI Master may collect and hold
information from you or your associated corporation such as your name, address,
telephone number, email address, credit card and bank account details, date of
birth and place of work.
3. If REI Master does
not collect all or some of your personal information, we may not be able to
assist or provide you with a product or service.
4. REI Master
collects most personal information directly from you or the corporation you are
associated with. As examples, you or the organisation provide us with your
information by various methods such as in person, filling in a form, dealing
with us over the telephone, sending us a letter, emailing or texting a message,
using our website or social media, giving us your business card or contact
details at conferences, Trade Exhibits, events or meetings or by various other
methods of engagement. Other data about you may be collected from public
information such as websites, social media, Australian Securities &
Investment Commission (ASIC), and Government Departments.
5. We collect and
track information on how/when you use our Products and Services, including but
not limited to your use of our support channels, the features you use, links
you click on, data about files you upload/download, search terms, teams and
people you work and interact with, devices used, IP address, operating system,
settings and more.
6. REI Master and our
Third Party partners such as advertising and analytic partners use cookies and
other tracking technologies to provide functionality and recognise you across
different devices.
7. We work with
a network of partners who provide consulting, implementation, training and
other services around our Products and Services. Some of these partners
also help us to market and promote our products, generate leads for us, and
resell our Products and Services. We receive information from these
partners, such as billing information, billing and technical contact information,
company name, what REI Master products you have purchased or may be interested
in, engagement and interest in our Product and Services, evaluation information
you have provided, what events you have attended, and what country you are in,
and other information.
USE OF DATA
We may use and
disclose personal information we collect about you for several purposes
including:
1. To consider your
request for a product or service.
2. To enable us to
provide a product or service requested and tell you about other products and
services that may interest you.
3. To identify you.
4. Direct marketing.
5. To assist in
arrangements with other organisations in relation to promotion or provision of
a product or service.
6. To manage systems
and perform other administrative and operations tasks, including risk
management, system development and testing, staff training, collecting debts
and market or customer satisfaction research related to our functions and
activities.
7. To consider any
concerns or complaints you raise in relation to the use of our Materials.
8. To prevent or
investigate any actual or suspected fraud, unlawful activity or misconduct.
9. As required by
relevant laws, regulations and codes of practice.
10. We use
information we collect in ways including but not limited to; providing the
Product and Services, to personalise your experience, for billing, for research
and development, to communicate with you about the Products and Services, to
market, promote and drive engagement with the Products and Services, to provide
customer support, to enhance REI Master and users' safety and security, and to
protect our legitimate business interests and legal rights.
11. With your
consent we use information about you where you have given us consent to do so
for a specific purpose not listed above.
DISCLOSURE
REI Master may to
disclose and share your information to a third party as relevant to the
particular service or product, function or activity that REI Master performs.
Third parties may include but are not limited to: Independent Contractors or
Licensees performing functions or services on behalf of REI Master, Financiers,
Solicitors, Others as authorised by you, Insurers, other Industry Related
Service Providers, Guest Speakers or Trainers presenting at our events you attend,
Valuers, Franchisors, Accountants, Receivers, Debt Collectors, and others as
required by a legal given instruction, order or by Law.
ASSIGNMENT OR
NOVATION
REI Master may assign
or novate any of its rights and obligations under the agreement by providing
the Client with 14 days notice. To the extent necessary to give effect to
any such assignment or novation, the client irrevocably appoints REI Master as
its agent and authorised representative to execute any documentation (including
a deed of novation) on its behalf. The client may only assign the
client’s rights under this agreement with the prior written consent of REI
Master.
FORCE MAJEURE
Neither party is
liable for any failure to perform or delay in performing its obligations under
this agreement if that failure or delay is due to anything beyond that party’s
reasonable control. Such circumstances include but are not limited to; an
act of God, lightning, storm, flood, fire, earthquake, explosion, cyclone,
tsunami, landslide, adverse weather conditions, act of public enemy, war,
terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion,
epidemic, hacking, scams, brute force attacks, phishing, insecure practices,
covert surveillance, the effect of applicable laws, orders, rules or
regulations of any government or competent authority, embargo, power, food or
water shortage or lack of transportation, external factors or another other
event beyond the reasonable control of either party. This clause does not apply
to the Client’s obligation to settle accounts issued to the client by REI
Master.
ACCESS, CORRECTION
AND COMPLAINTS
Our Privacy Policy
contains information about how you can access the information REI Master holds
about you, how you can ask REI Master to correct your information and how you
can make a complaint if you have concerns about how REI Master has managed your
information.