Terms of Service

GENERAL TERMS OF REAL COMMUNITY SERVICES WEBSITE USE

Real Community Services – ABN 74 117 218 416

Welcome to the Real Community Services website and mobile application (collectively referred to as the Website), which is owned and operated by Real Community Services (we, us, our, or RCS) A.B.N.74 117 218 416.

RCS may from time to time amend, update or change content on the Website, including these Terms and Conditions without prior notice.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. For the avoidance of doubt, these Terms of Use apply to all users, including without limitation any employee of RCS that access the Website.

RCS reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by RCS from time to time.

Our services

RCS cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

RCS may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Prohibited conduct

You must not use this Site for any purpose that is unlawful or prohibited by these terms of use. In relation to the Website, you must not:

  • use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights or are contrary to any relevant standard or codes;
  • create liability for us to cause us to lose (in whole or in part) the services or custom of other users (including our clients) or other suppliers;
  • attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
  • copy, collect, store, input, upload, post, disclose or transmit any personal information or data about others (except where otherwise permitted in the Privacy Policy or by RCS);
  • damage the credibility or integrity of the Website or RCS or dilute, tarnish, or otherwise harm our brand in any way;
  • breach or violate any of our policies;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the Website to send unsolicited email messages;
  • modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. This includes snapshots or photographs of information. To perform such acts represents a severe breach of privacy for which you may also be held criminally liable;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website;
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

The information you provide RCS and your use of the Website must not:

  • be false, inaccurate or misleading;
  • be fraudulent or deceptive;
  • infringe any third party’s privacy rights;
  • infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
  • violate any Applicable Laws (including those governing privacy, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law);
  • be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.

Intellectual property

The material on the Website, including the software, design, text, images, logos, trademarks and graphics comprised in the website and the selection and layout of the Website are owned or under licence by RCS and protected by Australian and international Intellectual Property laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the prior written permission of the trade mark owner.

 

RCS owns the copyright, which subsists in all creative and literary works that are displayed on the Website. You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You consent to RCS using your information and your data to the extent reasonably necessary to provide you with our services.

Information contained in the app platform can be of a personal nature and in some instances allows identification of an individual. It includes information such as a person’s name, address, and support needs (disability).  As such, the Federal Privacy Act 1988. Australian Privacy Principles (APPs), contained in schedule 1 of the Privacy Act 1988 (Privacy Act), are applicable to your use. Your personal information will only be collected, used or disclosed in accordance with our Privacy Policy.

Employee Access

Employees may be provided with an account to access password protected areas of the Website including access to personal information of clients.

Employees are solely responsible for maintaining the confidentiality of the account details and will be personally liable for all activities that happen under the employees account, whether or not such activities were undertaken by the relevant employee or not.

Employees must not collect, use or disclose or otherwise deal with any information accessed through the Website in any way which is inconsistent with or in breach of our Privacy Policy, including without limitation using the information for purposes that are not permitted by the Privacy Policy. For example, if you are an employee and you access the personal information of RCS’s clients through the Website, you must not take screen shots or otherwise copy that information and directly or indirectly disclose/distribute it to any third party otherwise than in accordance with our Privacy Policies or directions.

You must not:

  • modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, photograph, scan or in any way duplicate or distribute the content of the Website
  • reproduce or use any of the material on the Website for commercial or personal purposes, including sale
  • in any way modify the material on the Website
  • cause any of the material on the Website to be framed or embedded in another website.

When you use RCS Website or app. platforms services, you trust us with your information. This Policy is meant to help you understand what data we collect, why we collect it, and what we do with it.

RCS Website uses Google analytics to track page interactions. It also stores your IP address, browser type and configuration. The app platforms utilises geolocation at check in and out time, as does the native apps.

Log information

When you use our services or view content provided by Google, we automatically collect and store certain information in server logs. This includes:

  • details of how you used our service, such as your search queries.
  • telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
  • Internet protocol address.
  • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
  • cookies that may uniquely identify your browser. We use various technologies to collect and store information, and this may include using cookies or similar technologies to identify your browser or device.
  • you warrant that under any circumstances will you will not disclose or provide your logon information to third party.

Location information

When you use RCS Sites, we may collect and process information about your actual location by utilising Google Analytics technology. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide RCS with information.

Unique application numbers

Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be identified when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

Local storage

We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

For further information, please see our Privacy Policy.

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). RCS does not control Linked Websites and we are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. RCS provides the hyperlinks for your convenience only and does not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

RCS does not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Feedback

All comments, feedback, information or materials submitted to RCS through, or in association with, the Website shall be considered non-confidential and RCS’s property. By submitting such comments, information, feedback, or materials to RCS, you agree to at no charge, provide RCS with a worldwide, royalty-free right to use, copy, modify, display and distribute the submissions. RCS may use such comments, information or materials in any way it chooses on an unrestricted basis. You can also visit the Feedback and Complaints page on our website for more information.

Complaints

If you have a complaint or if there is anything we can help you with, please let us know. We value your feedback and appreciate the opportunity to follow up.

Once we receive your complaint, we may ask you to provide supporting evidence or documentation to aid us in our investigations. This may include proof of identity, statutory declaration, postage or point of sale receipts, item details and so on.

We aim to resolve most complaints with high priority. However, please note that some complaints may take longer to investigate, but we will keep you informed.

Complaint escalation process

If, for any reason, you are not satisfied with the outcome of a complaint, or with our complaint handling process, please contact us and we will provide external and independent support for an effective resolution.

When seeking further escalation, please provide any additional details which you believe are important and that we might not have received previously. This will help to ensure a thorough review of the matter.

In the event, that your complaint is not resolved through our processes, you expressly agree that any dispute or claim relating in any way to your use of this Website or to any products, or services sold through our website will be solved by mediation or arbitration, rather than litigation.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cwlth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited to the resupply of our services, or the cost of resupplying our services.

Privacy

The Privacy Policy applies to your use of this Website, and its terms are incorporated into these Terms of Use by this reference.

By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. Although we take reasonable steps to ensure security over your personal information, we do not guarantee the security of the Website, our records of you, or your Personal Information. We disclaim all liability in this regard.

You authorise us to use, store or otherwise process any information including personal information and sensitive information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you or otherwise to use such information in accordance with our Privacy Policy.

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction for determining any dispute concerning the Terms of Use.

Contacting us

If you have any questions relating to the Terms of Use, please Visit the Contact page on the RCS website for contact information or contact us by emailing enquiries@realcommunityservices.com.au

Evaluation

Review Date:                                           17 July 2018

Review Cycle:                                          12 Months

Next Review Due:                                   17 July 2019

Version:                                                   02