For: Camp Connect Pty Ltd (ACN 630 513 996) of Ground Floor, The Old Fire Station, Claremont, WA 6010 (Camp Connect)

Last updated: November 26, 2020

1. Contractual Relationship

These Terms of Use (Terms) govern the access or use by you of applications, websites, content, products, and services (Service) made available by the.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you. the may immediately terminate this agreement or the Service, or any part of it, at any time for any reason.

Supplemental terms may apply to certain aspects of the Service, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable part of the Service. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable part of the Service. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable part of the Service.

the may amend the Terms from time to time. Amendments will be effective upon the’s posting of updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Service after that posting constitutes your consent to be bound by the amended Terms.

Our collection and use of personal information in connection with the Service is governed by our Privacy Statement located at https://www.campconnect.com.au/legal.

2. The Services

The Service constitutes a technology platform that enables users of the’ mobile application or website (Application) to provide a range of information, services and facilities relevant to your worksiteand its surrounds. These Services are provided in conjunction, and on behalf of, your employer/contractor.

Unless otherwise agreed by the in a separate written agreement with you, the Service is made available solely for your personal and non-commercial use.

You acknowledge that the does not necessarily provide the Services directly but on behalf of other independent third parties who are not employed by the.

3. License

Subject to your compliance with these Terms, the grants you a non-exclusive and revocable licence to:

1. access and use the Application on your personal device solely in connection with your use of the Service; and

2. access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal and non-commercial use.

This licence may not be assigned or transferred in any way and any rights not expressly granted herein are reserved by the.

4. Restrictions

You may not:

1. remove any copyright, trademark or other proprietary notices from any portion of the Service;

2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the;

3. decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law;

4. link to, mirror or frame any portion of the Service;

5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or

6. attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.

5. Third Party Services and Content

The Service may be made available or accessed in connection with third party services and content (including advertising) that the does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

the does not endorse such third party services and content and in no event shall the be responsible or liable for any products or services of those third party providers.

Additionally, the parent company and/or their applicable international subsidiaries and affiliates will be third party beneficiaries to this contract if you access the Service using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this agreement and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

6. Ownership

The Service and all rights comprising it, are, and will, remain the. Neither these Terms nor your use of the Service convey or grant to you any rights:

1. in, or related to, the Service except for the limited license granted above; or

2. to use or reference the’s company name, logos, product and service names, trademarks or services marks in any manner.

7. User Accounts

In order to use most aspects of the Service, you must register for and maintain an active personal user Service account (Account). You must be at least 18 years of age, or the age of legal majority, to obtain an Account.

Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number and age and shift roster.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service, or any part of it, or the termination of these Terms with you.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

Unless otherwise permitted by the in writing, you may only possess one Account.

8. User Requirements and Conduct

The Service is not available for use by persons under the age of 18 years.

You may not authorise third parties to use your Account and you may not assign or otherwise transfer your Account to any other person or entity.

You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes (e.g., no transport of unlawful or hazardous materials).

When using the Service you will not:

1. cause nuisance, annoyance, inconvenience, or property damage to any other party.

2. transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

3. transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or

4. unlawfully transmits or uploads any confidential, proprietary, or trade secret information.

In certain instances, you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

9. Text Messaging

By creating an Account, you agree that the Service may send you informational text messages (SMS) as part of the normal business operation of your use of the Services. You may opt-out of receiving text messages (SMS) from the at any time by sending an email to support@campconnect.com.au indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text messages (SMS) may impact your use of the Services.

10. User Provided Content

the may, in the sole discretion, permit you from time to time to submit or upload textual, audio, and/or visual content to Camp Connect through the Service. This may include commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (User Content).

Any User Content provided by you remains your property, however, by providing User Content to the, you grant the a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to use in any legal manner for any purpose connected with the Service and the business.

You represent and warrant that:

1. you are the sole and exclusive owner of all User Content or you that you have all rights, licenses, consents and releases necessary to grant the the license to the User Content as granted above; and

2. neither the User Content, your making it available nor the’s use of the User Content will infringe any third party’s rights or any law or regulation.

You agree to not provide User Content that is in any way illegal or offensive, as determined by the in its sole discretion.

Camp Connect may, but is not obligated to, review, monitor, or remove User Content, at the’ sole discretion and at any time or for any reason, without notice to you.

11. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device and you are solely responsible for those rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Applications. the does not guarantee that the Service, or any part of it, will function on any particular hardware or device.

The Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

12. Disclaimer

the makes no representation or warranty, whether express or implied, and provides no guarantee, regarding the reliability, timeliness, quality, suitability or availability of the Service or any services or functionality requested through the use of the Service, or that the Service will be uninterrupted or error-free.

the makes no representation or warranty, whether express or implied, and provides no guarantee, regarding the quality, suitability, safety or ability of any content provided by the Service. You agree that the entire risk arising out of your use of the Service, and any service or functionality requested remains with you or your employer/contractor.

13. Limitation of Liability

the shall not be liable for any loss, damage, or liability arising out of or in connection with:

(i) your use of or reliance on the Service or your inability to access or use the Service; or

(ii) any transaction or relationship between you and your employer/contractor,

even if the has been advised of the possibility of such damages.

The Services may be used by you to request and schedule services, information and other functionality but you agree that Camp Connect has no responsibility for, or liability to you, related to any services, information or other functionality provided to you.

14. Indemnity

You agree to indemnify and hold the and Camp Connect’s officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs) arising out of or in connection with:

1. your use of the Service or services, information or other functionality obtained through your use of the Services;

2. your breach or violation of any of these Terms;

3. the use of your User Content; or

4. your violation of the rights of any third party.

15. Governing Law; Arbitration

These Terms exclusively governed by, and construed in accordance with, the laws of Western Australia.

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms or the Service, must be resolved by mediation or arbitration in accordance with the Australian Centre for International Commercial Arbitration’ (ACICA) Arbitration Rules. The seat of arbitration will be Perth, Western Australia; the language of the arbitration shall be English; and the number of arbitrators will be one.

The mediation or arbitration proceedings, including all materials relating to it, and any orders and awards issued, must remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party unless:

the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and

the third party agrees unconditionally in writing to be bound by the confidentiality obligation.

20. Notice

Camp Connect may give notice by means of a general notice on the Service or electronic mail to your email address in your Account. You may give notice to Camp Connect by electronic mail to administration@campconnect.com.au.

21. Assignment

You may not assign or transfer this agreement, or any part of it, without Camp Connect’s express prior written approval.

You give your approval to Camp Connect for it to assign or transfer this agreement, or any part of it to:

1. any subsidiary or affiliate of Camp Connect;

2. an acquirer of Camp Connect’s equity, business or assets; or

3. a successor by merger.

22. No Joint Venture or Partnership

No joint venture, partnership or agency relationship exists between you and Camp Connect as a result of this agreement or use of the Service.

23. Invalid or Unenforceable Provisions

If any provision of these Terms is held to be illegal, invalid or unenforceable then, to the maximum extent possible, that provision will be deemed to be excised from these Terms and the legality, validity and enforceability of all other provisions in these Terms shall not be affected.

In that event, the parties will be deemed to have replaced the illegal, invalid or unenforceable provision with a provision that is legal, valid and enforceable and that has, to the greatest extent possible, the same effect as the excised provision,

24. Entire Agreement

These Terms constitute the entire agreement and understanding of the parties with respect to the Service and supersedes all prior agreements, representations or undertakings regarding the Service.

25. Interpretation

In these Terms, the words “including” and “include” mean “including, but not limited to.”