REPORT SYSTEMS PTY LTD - TERMS & CONDITIONS
MY REPORTING APP
Report Systems/My Reporting App may alter these Terms from time to time by posting the altered version on this Website/App. Please visit the Website/App regularly to keep up to date with any alterations. By continuing to use this Website/App, you are indicating your consent to the Terms current at the time you access and use it.
The meaning of capitalised words used in these Terms is set out at the end of these Terms.
Purpose of Website/App: Among other things, the Website/App enables a Customer to access and use the Forms with Clients, undertake inspections following the process in the App and generate reports for Clients. These Terms apply to you if you are a Customer. You should review these Terms carefully. You should ensure that the Forms are appropriate for your use and contain all the information you need for the particular circumstances of your business and your Client. We do not warrant that the Forms are comprehensive and suitable for every occasion. We may add to, remove or vary the Forms at any time without notice.
Use of Website/App: The Website/App is operated by Report Systems. You may download the App from the Website/App via the url located at https://www.reportsystems.app, from the Apple App Store at https://itunes.apple.com/au/app/my-reporting-app/id1097080306?mt=8. You agree to deal with us and other users of the Website/App in good faith and in compliance with all applicable laws.
Contacting us: To contact us or give us a notice under these Terms, please email us at email@example.com.
Customer Account application: If you wish to use the App and the Forms you must apply for a Customer Account. To do so, you must provide us with certain, accurate personal information (which may include your name, address and telephone number) and your current email address. We may use your provided email address to contact you or send you notifications and other communications from time to time. We may be unable to provide you with the Services or contact you if you do not give us a current email address and promptly update us if you change your email address.
Customer Account requirements: Customer Accounts are only available to persons who are at least eighteen years old and otherwise meet the requirements set out in these Terms including holding appropriate qualifications, insurance and business licences. If you do not qualify for a Customer Account, please do not apply for a Customer Account. By applying for a Customer Account you warrant that you are at least eighteen years old and that all details you give us are true and correct and will remain true and correct. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use, when applying for a Customer Account or using the Website/App. Customer Accounts must be applied for using the online process available on the Website/App. An application for a Customer Account constitutes an offer by you to register a Customer Account and is subject to acceptance by us. We will confirm acceptance to you by sending you an email or other notice confirming that your Customer Account has been enacted. We reserve the right to refuse an application for a Customer Account by any person for any reason at our discretion.
User Names and Passwords: Your Customer Account and the Forms are accessible via your username which is your email address or other user name, and a password, you select. You are responsible for creating your username and specifying a password as part of and in accordance with the requirements of our online Customer Account process. Passwords are subject to restrictions (including acceptable numbers and types of characters) as specified on the Website/App from time to time. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so. You must prevent unauthorised disclosure of or access to your password. You are solely responsible for all use of your password and for the actions of any person to whom you disclose your password and are solely liable for and indemnify, defend and hold harmless the Indemnified Parties from and against all Losses suffered by any person directly or indirectly as a result of: (i) you disclosing your password to a third party; (ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or (iii) any person’s access to or use of your password. You must notify us immediately by email and immediately change your password if you have any reason to believe that your password has become known to anyone else without your authorisation, or if your password has been or is being, or is likely to be, used in an unauthorised manner.
Free App Trial: A trial is available for any users for a period of 14 days. After 14 days access to the app is termited.
Website/App and Forms: The website/app is available to all approved users free of charge.
Liability for payment transactions: To the extent legally permitted, in no event will Report Systems be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with any third parties via the Payment Gateway. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and these third parties.
Taxes: No taxes are applicable as there is no charge to use the website/app.
ISP connection and data charges: Your internet service provider may impose a connection or data charge for all use of the Website/Apps and Forms and other material uploaded to or downloaded from the Website/App. You are responsible to pay any applicable connection or data charges.
Intellectual property: Report Systems Materials and content displayed on or comprised by the Website/App (including the App), including but not limited to text, graphics, logos, button icons, images, the Website/App layout and software and the content and layout of the Forms is subject to copyright and other rights owned by Report Systems, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and other intellectual property laws. Report Systems Materials comprising brands, names, images and logos displayed on the Website/App may be the subject of registered trade marks of Report Systems, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark and other intellectual property laws. You may access, display, download and print portions of the Website/App including the applicable Forms only for the purposes permitted by the Website/App and these Terms. This permission is subject to you not modifying the content displayed on this Website/App or the Forms, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website/App or the Forms. Any other use of material on the Website/App or the Forms, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this Website/App or the Forms (other than to Clients in the case of the Forms) is strictly prohibited.
Right to upload materials: You agree to comply with Report Systems’ procedures and policies in respect of uploading information and materials as specified on the Website/App from time to time. Report Systems assumes no responsibility or liability in relation to materials posted to the Website/App or any Forms by a Customer. Customers are solely responsible for the content of materials that they post to the Website/App or the Forms and for their interactions with their Clients. Report Systems is not responsible for and does not endorse the content of any materials uploaded by a Customer. Report Systems does not warrant or represent the accuracy, utility, currency or any other characteristic of materials uploaded by any other person.
Information on the Website/App: Information on this Website/App and in the Forms may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website/App and the Forms may contain technical inaccuracies or typographical errors. Report Systems assumes no responsibility (and expressly disclaims responsibility) for updating this Website/App or the Forms to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all information before making any decision related to any products or services described on this Website/App including using the Forms.
Third-party material: The Website/App may provide links or references to third party websites (Linked Sites) or display material sourced from or provided by a third party (such as a Customer, service supplier, merchant or consumer) including advertisements and promotional offers (Third Party Material). Report Systems is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material. Report Systems does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any advertising, promotional offers or on Linked Sites. Report Systems is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Website/App.
Security of electronic communications: You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, Report Systems gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via the Website/App (including uploading or transmitting any Customer Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from us at your own risk. In particular, by communicating with us electronically, electing to receive electronic communications from us or transmitting data via the Website/App (including uploading or transmitting any Customer Materials), you accept the risk of interception of such communications, transmissions and Customer Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions and Customer Materials by us and you, as applicable.
Technical requirements: Access to the Website/App and Forms may only be available to compatible devices which meet specific system or software requirements specified on the Website/App from time to time. Report Systems gives no warranty or guarantee that access to or use of the Website/App or Forms will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website/App from time to time.
Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website/App: We reserve the right to refuse to upload or publish on the Website/App any Customer Materials or limit the volume of Customer Materials you may upload to or publish on the Website/App at any time and to specify the form and format in which Customer Materials may be uploaded, posted or published. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website/App. Without limitation, Report Systems may block or delete any Customer Material posted to the Website/App that Report Systems decides contravenes these Terms. In using the Website/App, you must not engage in any conduct which is misleading or deceptive or likely to mislead or deceive. You must not attempt to use the Website/App or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website/App in contravention of these Terms may result in you being banned from the Website/App, being liable to Report Systems for breach of contract and/or infringing applicable law.
Other things you must not do: You agree that you will not use the Website/App to: (a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) upload, post or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (f) "stalk" or otherwise harass another; (g) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or (h) exceed the scope of the Service that You have signed up for; for example, accessing and using Forms that you do not have a right to use, or having humans share Customer logins, or deleting, adding to, or otherwise changing other people's Customer Materials.
Insurance: You must pay for, obtain and keep current with a recognised insurance company all appropriate insurances including public liability insurance of at least $10 million and professional indemnity insurance of at least $1 million for building inspection work and $500,000 for timber pest and termite work per claim and in the aggregate for the term of your Subscription and for a period of three (3) years after the expiry of your Subscription. You must ensure all Users performing the Work Category are covered by the insurance policies.
Qualifications: You must ensure that at all times you hold all appropriate licences, certificates and registrations to perform the services to which the Forms relate and that any User has suitable qualifications and experience to the standard at least of any applicable law and regulations for the Work Category and to the standard of any recognised industry standards and best practices. You must also ensure that any User has comprehensive, up-to-date and ongoing training for performing the Work Category.
Disclaimer of warranty: You use this Website/App and the Forms, if applicable, at your sole risk. You acknowledge that as a facility for providing the Forms, we do not provide warranties in respect of any inspections or other services provided by any Customer. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Report Systems expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and Intellectual Property Rights. Without limitation, Report Systems does not represent or warrant that the functions within the Website/App or the Forms will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website/App and Forms or the server/s that makes the Website/App and Forms available is free of viruses or other harmful elements. You agree that in using the Website/App and the Forms you have not relied on any statement or representation made by Report Systems not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, Report Systems limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Report Systems’ discretion.
Limitation of liability: To the extent legally permitted, Report Systems is not liable to any party for any Losses related to or arising from this Website/App or any use of this Website/App, or of any site, service, product or resource linked to, referenced or accessed through this Website/App, or for the use or downloading of, or access to, any materials, information, products or services, even if Report Systems is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability or any other exclusion of liability contained in these Terms is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Report Systems’ maximum aggregate liability for all Losses referred to in the relevant exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to $50.
Warranties: By applying for a Customer Account, posting Customer Materials to this Website/App or otherwise using this Website/App or the applicable Forms, you represent and warrant that: (a) all information and data you submit to Report Systems from time to time for the purposes of applying for a Customer Account and otherwise using the Website/App and the applicable Forms is correct, current and complete; (b) you own all Intellectual Property Rights in the Customer Materials you post to or promote on the Website/App and otherwise have the right to upload such materials to the Website/App and the Forms and grant the Licence to Report Systems; (c) to the extent that you do not own all Intellectual Property Rights in the Customer Materials, you have procured for Report Systems from the owner or licensor of the Intellectual Property Rights in those materials, a licence on the same terms as the Licence granted by you pursuant to these Terms; (d) the exercise by Report Systems of any rights granted to it by the Licence, including the reproduction and publication of Customer Materials on the Website/App, will not infringe the Intellectual Property Rights or other rights of any person; (e) the Customer Materials do not infringe the Intellectual Property Rights or other rights of any person; and (f) you are not aware of any current or pending claims by third parties in relation to the Customer Materials. You are solely liable for all Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties and agree not to bring any claim, action, proceeding or suit against Report Systems in respect of such Losses, or assist any person to do so. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties.
Indemnity: You agree to indemnify, defend, release and hold harmless Report Systems Persons from and against all Losses made by any person due to or arising out of: (a) your use of this Website/App and/or the Forms; (b) any violation of these Terms (including warranties expressly given by you in these Terms), any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation; (c) any Customer Materials you post to the Website/App; (d) any use of the Customer Materials by you or any other person; (e) any services you provide; (e) any activity related to your Customer Account (including negligent or wrongful conduct) by you; or (f) any breach of any warranties from you contained in these Terms.
Disputes: The Customer is solely responsible for all queries and complaints from its Clients concerning inspections and other services in respect of which the Forms are used. Any disputes between a Customer and a Client must be resolved by them without involving us.
Arbitration: Any complaint, dispute or controversy arising in any way out of these Terms or use of the Website/App may at our option be referred to arbitration to be conducted on a confidential basis pursuant to the rules adopted by the Australian Disputes Centre Limited. You agree to be bound by the arbitrator's decision. The arbitrator will decide who should pay the costs of the dispute.
Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our reasonable control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Forms, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
Assignment: You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Variation: These Terms may be varied by Report Systems from time to time by posting updated Terms to the Website/App.
Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions: For the purposes of these Terms:
Advance Payment Discount means a discount of 10% of the Access Fee when you pay for a Subscription annually in advance.
Advanced Copyright Licence means an RSA copyright licence to use the Defect Statement Generator associated with the Forms, where applicable.
App means the mobile device app known as Report Systems through which Customers may access and use the applicable Forms, and which is available for download from our Website.
Base Copyright Licence means an RSA copyright licence to use the Forms.
Client means the client of the Customer for whom the Customer will be using the Forms.
CRM means the customer relationship management database to which we provide access to Customers from time to time in accordance with these Terms.
Customer means any person to whom we have granted a Customer Account and includes an RSA Accredited Customer and a WRS Insured Customer. A Customer may have multiple named Users attached to their Customer Account.
Customer Account means the account which each user of the Website/App must apply for to access and use the Forms.
Customer Materials means any materials, data, information or other items a Customer uploads to the Website/App.
Defect Statement Generator means the functionality within the Website/App which enables a Customer to use and generate the defect statement template and text contained within the relevant Forms other than for the Work Category known as Pest Management Work.
Forms means the following documents applicable to your Work Category made available to Customers and their Users via the Website/App as at the date of your Customer Account application:
Building & Timber Pest Inspections
Note. The Customer will be able to complete on the App a combined Property Inspection Report & Timber Pest Inspection Report, but the PDF reports produced will be two individual reports, i.e. standard Property Inspection Report & standard Timber Pest Inspection Report.
Timber Pest Inspections
Pest Management Work
Pest Management Certificate of Treatment
and any other documents offered by us from time to time for a particular Work Category as specified on the Website/App. The list above is subject to our right to add, remove or vary the Forms from time to time.
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trade marks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Licence means a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferable, sub-licensable licence to: (a) reproduce, publish, display, communicate and promote the Customer Materials on the Website/App; (b) permit Users to access, display, download and print portions of the Website/App displaying their Customer Materials (but acknowledging that we do not control such use) and to order services via the Website/App; (c) facilitate the promotion of the Website/App and take all steps and undertake all activities reasonably necessary for that purpose; and (d) to do all acts comprised in the copyright in the Customer Materials for the purposes of promoting and facilitating the promotion of the Website/App.
Losses means losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data.
Report Systems Materials means any information, documents, data, audio visual materials (including audio or video files of any type) or other materials Report Systems uploads to or displays on the Website/App from time to time in any form and includes the Forms and the content generated by the Defect Statement Generator.
Report Systems Persons means Report Systems, RSA, WRS and their respective officers, directors, employees, agents, contractors, licensors and suppliers. Persons referred to in this definition are intended third party beneficiaries of the rights and protections in these Terms which reference this definition.
RSA means Report Systems Australia Pty Limited ACN 002 410 835.
RSA Accredited Customer means a Customer who demonstrates to our satisfaction that it is accredited by RSA and has a Base Copyright Licence with RSA included as part of their accreditation as evidenced by the Customer holding a current Token Code and entering it as required when applying for a Customer Account.
Services means provision of access to and use of the Forms via the App as applicable to a Customer’s Work Category.
Subscription means a subscription to use the Website/App and applicable Forms obtained by completing an application and receiving our confirmation that your applicable has been accepted and your Customer Account has been set up. The minimum Subscription period is twelve months.
Trial means a single thirty (14) day trial of the Website/App and the applicable Forms.
Trial User means a Customer who is undertaking a Trial.
User means a named person who is registered under a Customer Account to use the Forms and who must be an employee of the Customer. A Customer Account may relate to a single User or to multiple Users as specified when the Customer Account is created. Sub-contractors of a Customer cannot be Users for that Customer. The sub-contractor must obtain their own Subscription.
Website/App means the website located at https://www.myreportingapp.com together with the App and any other distribution platform from time to time through which Report Systems provides the Forms.
Work Category means the applicable work category specified in the Customer’s application for the Services being one or more of Building & Timber Pest Inspections, Building Inspections, Timber Pest Inspections, Termite Work and Pest Management Work, and any other Work Categories Report Systems adds from time to time.