Terms of Use

Welcome to the website of REMOTE FLOW PTY LTD (ABN 50 650 974 780) (“we”, “us”, “our” or the “Company”). We use the domain https://remoteflow.com.au, other websites, apps, and platforms (“this site”) to provide you with services.

The words “you” or “your”, means you, your invited user and any person or company you represent or are authorised to represent.

Our services include all the products and services we provide now or in the future, including our online job management apps and software and this site (“services”).  

Agreement to these Terms of Use

By accessing this site, subscribing to and/or using our services, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and the Company.

When you create a subscription to use our services and/or accept these terms, you become a subscriber (“subscriber”). If you’re the subscriber, you’re the one responsible for paying for your subscription. A subscriber is usually an employer or contractor who invites others to use our services.

An invited user is a person other than the subscriber who has been invited to use our services through a subscription (“invited user”). For clarity, even if you are an invited user, you also accept these Terms of Use by using the services.

Privacy Policy

Our Privacy Policy (located at https://remoteflow.com.au/legal/terms ) is incorporated into these Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Rights and restrictions on use

Right to use our services

Your use of this site is subject to the rules set out in Schedule 1 below.

Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.

As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. The subscriber is also jointly liable for all acts and omissions of its invited users.

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you and/or your invited user if:
• you or your invited user breaches any provision of these Terms of Use;
• the Company is unable to verify or authenticate any information that you or your invited user provide to us; or
• the Company believes that or your invited user’s or your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you or your invited user submit, post, transmit or otherwise make available through our services;
• use of the services or any third party product, or arising or in connection with either, by you or your invited user;
• the negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person by you or your invited user.

Registration and account security

Requirement for registration

The Company reserves the right to make any parts of this site and the services accessible only to users who have registered.

Username and password

Upon registration, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site or use the services, you must agree to these Terms of Use and provide the Company with:

• a valid email address;
• accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
• any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

Multiple accounts and automated account opening

A person may maintain more than one account with this site. It is the person’s responsibility to maintain logins, passwords and/or possible linkages between the accounts.  Accounts registered by “bots” or other automated methods are not permitted.

Approval of registrations

The Company reserves the right to accept or reject any application for registration of an account with this site or the services at its discretion.

Orders

Order constitutes offer

By placing an order through this site or other platform, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Company will endeavour to supply your selected products/services to you.

We will not commence processing any order made through this site unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Terms of Use, cancel all or part of your order; and
• at any time:
• refuse to provide products or services to you;
• terminate your access to services; and/or
• remove or edit any content on this site or the services.

Acceptance of orders

Acceptance of each order will take place if and when the Company:

• in the case of digital items, either:
• sends the requested items to you, at the time at which the items are sent by the Company; or
• notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company,

and title to, and risk in, the items will pass from the Company to you at that time; or

• in the case of services, either:
• provides the services to you, at the time at which the Company commences providing the services; or
• notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.

Prices

Pricing details and terms are detailed when you offer to subscribe or purchase the services.

The Company reserves the right to change the prices for products/services at any time before you place an order. If we make changes and you’re a subscriber, we’ll make reasonable efforts to let you know.

Your use of our services generally requires you to pay a subscription fee based on your subscription type, your selections and number of users (“subscription fee”). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing plan may vary by region and includes information set out in the offer details and pricing page. The terms of the pricing plan form part of these Terms of Use.

GST

Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST).  These will be stated at the time of your subscription or purchase. For clarity, you are responsible for paying all GST, VAT, withholding tax and other external fees and taxes associated with your use of our services wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

Payment methods

Payment for orders placed through this site or other platforms may be made by credit card (Visa, AMEX or MasterCard only) processed online using secure Stripe payment gateway.

Stripe secure payment gateway

The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

Credit and debit card payments

Only VISA, AMEX and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Refunds and other remedies

Except as expressly provided otherwise in these Terms of Use, all amounts paid are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Terms of Use below.

Security

While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Intellectual property

Copyright

In these Terms of Use, the term “Proprietary Content” means:

• this site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof);
• rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property; and
• all software, systems and other information owned, controlled or used by the Company in connection with the products and services offered (whether hosted on the same server as this site or otherwise).

As between you and us, all Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, copy, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).  

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The Company’s logo and names of its services, including Field Flow, are trademarks of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, job details, time sheets, photos, notes, schedules, forum posts, chat room messages, reviews, ratings and feedback.

The services contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.

Copyright claims

If you believe that our services contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Apps and third party apps, products and services

Some of our services, such as our mobile apps, are available through other companies’ services, such as The Apple App Store or Google Play. These companies may have additional terms that apply to you.  You should read and understand their terms and conditions.

Along with the use of our services, you may use products, data, services and apps from other companies (“third party products”).  Third party product providers are independent of us, they may also charge you fees in addition to what you pay us, have their own terms and conditions and privacy policies.  Again, you should read and understand these before you use them.

The descriptions of third party products that we publish, and any associated links, are from the third party product providers. These providers are solely responsible for any representations contained in those descriptions and links.

If you choose to connect your subscription to third party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our Privacy Policy and these Terms of Use.

You acknowledge and agree that use of technology, including our services, comes with unavoidable risk.  Sometimes the services will not be available and access will be slow or not be allowed, this could be for a variety of reasons including maintenance by us or others  We will try minimise downtime and try to let you know of planned maintenance by us.  You are responsible for maintaining copies of data entered into our services.  Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED FROM US OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site and the services are provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the services, this site or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this site or the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site or the services will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained from us or through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.

Security

Safeguards

We have invested in technical, physical and administrative safeguards to help keep your data safe and secure. You will note that no method of security or electronic storage is completely secure and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorisation and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

We may introduce security features to make your account more secure. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

You must keep your login details as secure as possible and not let any other person use them. You will have strong security on your own systems. If you realise there has been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates:

• exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data, loss of goodwill, loss of contracts, loss of customers, loss of anticipated savings, loss of capital, legal, tax or accounting compliance issues or loss of reputation) arising directly or indirectly out of, or in connection with, these Terms of Use and/or the use of this site or our services by you or any other person.
• otherwise, limit total aggregate liability to you in any circumstances to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Remedies limited

In some places, there may be non-excludable warranties, guarantees or other rights provided by law. Where these apply, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

• in the case of goods, to any of the following:
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
• in the case of services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

Termination

You can terminate your subscription at any time, the subscription will end on the final day that prepayment has been made to us. We may terminate your subscription as well with the same notice.

Your subscription continues for the period covered by the fee paid in advance. At the end of each billing period, these Terms of Use automatically continue for a further period of the same duration as the previous one, provided you continue to pay the correct subscription fee. If you end your subscription and owe us fees, you will need to pay all relevant subscription fees up to and including the day of termination.

We may also terminate or suspend your subscription or access to all or any services or data immediately if:

• we provide you with one month’s written notice;
• you breach the Terms of Use and do not remedy the breach within 14 days after receiving notice of the breach;
• you breach any of the Terms of Use and the breach cannot be remedied;
• you fail to pay us fees when they are due; or
• you or your business becomes bankrupt, insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

No refund is due to you if you terminate your subscription or we terminate it in accordance with these Terms of Use.

Once a subscription ends, the data submitted or created by you is no longer available to you. If you pay the subscription fees and reactivate your subscription within 6 months you may be able to access your data.

General

Interpretation

In these Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use;
• these Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Dispute resolution

Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we are unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

No professional advice

We do not and have not provided you with any legal, financial, tax or other professional advice. You must ensure you get your own independent advice on whether or not you are complying with your obligations and whether our services are adequate or appropriate for you or your business. We are not liable for any general information we provide or whether or not the services enable you to comply with obligations – get advice.

Notifications

The Company may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without the Company’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

You may only vary or amend these Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Terms of Use will be governed in all respects by the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms of Use regardless of when or where adopted.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of the services;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use the services to violate any applicable local, state, national or international law, rule or regulation or to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of the services;
• use the services by any automated means;
• use the services to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of the services for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with the services;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on or in the services;
• reproduce, duplicate, copy or store any of the material appearing on the services other than for your own personal and non-commercial use;
• falsely imply that any other website or providers of services is associated with the services;
• do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in the services;
• use or exploit any of the material appearing on or in the services for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with us;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
• use the services to transmit any information or material that is, or may reasonably be considered to be:
• abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
• libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
• in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• in breach of any person’s privacy or publicity rights;
• a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
• in violation of any applicable law, statute, ordinance or regulation, or encouraging, assisting or abetting others to do so;
• containing any political campaigning material, advertisements or solicitations; or
• likely to bring the Company or any of its officers, employees, agents, consultants, licensors, partners or affiliates into disrepute.