End User License Agreement
LAB Platform
This document sets out the terms & conditions (Terms) that apply to the Entity’s use of our services, including but not limited to the Onboarding Framework, LAB Portal and any other products we make available to you from time to time (LAB Platform).
When we say we, us, or our, we mean LAB Group Services Pty Ltd ACN 168 489 414. When we say Entity, we mean the legal entity that has rights to use the LAB Platform. When we say you, your or yours, we mean the individual staff member or contractor of an Entity.
Access to the LAB Platform: Your access to the LAB Platform is permitted by an Entity. The Entity has a right to use the LAB Platform either directly via a contract with us, or via a contract between the Entity and one of our clients (LAB Client).
As long as the Entity or the LAB Client continues to have a current agreement with us for provision of the LAB Platform to the Entity, we will allow you and the Entity to access the latest stable version of the LAB Platform or a part of it via the internet and to provide any other services that the Entity has a right to access via our contract with the Entity or the LAB Client.
Term: This agreement commences on the date that you accept these Terms on behalf of the Entity and continues until our agreement with the Entity or the LAB Client expires or is terminated.
Registration: The Entity or the LAB Client has provided us with your details for the purpose of registering an account on your behalf. Once we have created your account, we will provide you with a welcome email to access the LAB Platform. By following the prompts in the email, you will be asked to nominate a password. We will use all information that you or the Entity provide through the registration process in accordance with our privacy policy. Your account is non-transferable. You must use reasonable efforts to prevent unauthorised third parties from accessing the LAB Platform and you agree to keep all login details confidential. You agree that the access rights of any individual user permitted to use the LAB Platform (for example on a named or password-enabled basis) cannot be shared or used by more than one individual.
Access and Use: You will only access the LAB Platform through a web browser, and you acknowledge you are responsible for the provision of internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the LAB Platform. You also promise to generally co-operate with us in connection with the LAB Platform and follow all reasonable instructions from us. You will use your best endeavours to prevent viruses or other harmful or malicious code being present in the data that you give us or affecting the LAB Platform. You will ensure all information you provide is accurate when provided and remains up to date. The Entity warrants to us that it has all required consents and authorities to use the LAB Platform in the way you do. Neither you nor the Entity should breach these Terms, break the law or breach any other person’s rights in connection with its use of the LAB Platform. If you or the Entity do so we may suspend or cancel your account without notice or provision of reason, in our sole discretion, and we are under no obligation to reinstate anything suspended or deleted or allow the Entity or you to create a new account. This is to ensure we can protect the whole community of users.
Use of DVS checks: In performing any checks using the DVS (Document Verification Service), the Entity promises to us that it is an Australian or New Zealand resident entity, and the Entity agrees that it is subject to the Australian Privacy Act or the New Zealand Privacy Act (even if it is not normally in scope of those Acts).
Further, it is a condition of use of the LAB Platform that the Entity has collected express consent, and has records of the express consent, from the Individual (the person providing the details to be checked) to the standard of consent required by clause 5 of the DVS Business Entity Participation Agreement. This obligation applies whether or not the Entity is a ‘Business Entity’ (as defined in the Identity Verification Services Act). If in doubt, LAB Group is happy to assist the Entity with understanding the consent requirements.
In particular, the Individual needs to confirm that either: (a) they are submitting personal details about themselves, or (b) they are authorised to submit the personal details on behalf of another person. The Entity must also inform the Individual (before the DVS check is made) that:
(i) the personal data will be checked against a government database using the LAB Platform and a third party provider (Equifax);
(ii) the Entity and LAB Group are using the DVS check to assist in the verification of the Individual’s identity;
(iii) the Entity and LAB Group have legal obligations to the Individual under the Identity Verification Services Act;
(iv) if the Individual declines to consent then they will need to verify their identity another way;
(v) the individual can find more information about DVS checks at https://www.idmatch.gov.au/individuals; and
(vi) the Individual can complain to the Entity (and you should explain how the Individual can make a complaint).
Technical Restrictions: The Entity must not use or permit the use of any bots, crawlers, web scrapers or automated programmes of any kind on the LAB Platform. The Entity must not use any data outputs for training of any machine learning or AI programmes or applications. The use of AI on the LAB Platform is not permitted by the Entity or any third party.
General Restrictions: The Entity must not: infringe any laws, regulations, rules or codes of conduct that it is subject to nor infringe any third party rights or any of our policies which we tell the Entity about; use our LAB Platform if it is not able to form legally binding contracts, or is suspended from using our LAB Platform; interfere with other users’ accounts; transfer any accounts and login information to another party without our consent; distribute viruses or any other technologies that may harm the LAB Platform, or the interests or property of us or our users, or; copy, modify or distribute rights or content from our LAB Platform or our copyrights and trademarks.
Confidentiality: Both the Entity and us must keep all confidential information secure and confidential at all times. We will not disclose the Entity’s confidential information to anyone unless the Entity has authorised us to do so, the other party already has lawful knowledge of the information (before we disclose it) or as we are required by law. The only people that will routinely see the Entity’s information are people working for or service providers engaged by us who have access to the Entity’s information to enable the LAB Platform to work and to help the Entity if it has troubles – you authorise this on behalf of the Entity.
Privacy: The Entity and us promise to each other to comply with all applicable privacy laws. Please go to https://labgroup.com.au/privacy-policy/ to see our full privacy policy that forms a part of these Terms and governs all data collection and processing that will occur in the course of providing the LAB Platform and our services to the Entity. The Entity has sole responsibility for the accuracy and completeness of all data it gives us, and it acknowledges that all outputs of the LAB Platform rely on this.
Product changes & limitations: We may, from time to time, change, add or delete functions, features, service levels, performance or other characteristics of the LAB Platform and correct errors or upgrade the LAB Platform. We are not liable to the Entity for any such change we make. We do not guarantee that any change, addition, deletion, correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the LAB Platform. We will provide reasonable assistance but reserve the right to refuse to provide help in our sole discretion should we feel the Entity is being unreasonable in its requests. The Entity acknowledges that the internet and its telecoms network are out of our control.
Intellectual property: We do not make any claims to any intellectual property in or connected with the data or information the Entity provides us in connection with these Terms and its use of the LAB Platform. The Entity consents to our storage, use and modification of its intellectual property for the purposes of providing the LAB Platform to it, conducting research or analytics, undertaking sales and marketing activities or developing consumer insights. We promise not to do anything else with its intellectual property and will, where practicable, anonymise and/or aggregate any of its data or information that we use for purposes other than providing the LAB Platform to the Entity. We own (or hold relevant licences to) all other intellectual property connected with the LAB Platform and our supply of it to the Entity including all intellectual property developed by us in the course of its use of the LAB Platform. The Entity must not do anything that infringes upon our rights to the LAB Platform.
Cancellation: Without limiting other remedies, we may limit, suspend or terminate our services and prohibit the Entity’s (and therefore your) access to the LAB Platform and take technical and legal steps to stop the Entity using the LAB Platform if we think that it has breached any part of these Terms or the contract between the LAB Client and the Entity, are creating problems or possible legal liabilities for us, infringing the intellectual property rights of third parties, acting inconsistently with the letter or spirit of our policies or if the LAB Client directs us to. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our services. If we do any of these things, we are not liable to the Entity in any way in contract or negligence (including tort).
Disclaimers: We make no promise or warranty to the Entity that the LAB Platform will be error or defect free nor free from bugs, nor that it is impenetrable to malicious third party attacks. We do not warrant or guarantee to the Entity that any particular result or outcome can or will be achieved through use of the LAB Platform.
Liability: To the extent permitted by law, we are not liable to the Entity for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. To the extent permitted by law, our liability to the Entity in connection with use of the LAB Platform will not exceed an amount equal to the fee paid under our agreement with the LAB Client for the Entity’s use of the LAB Platform. Our liability to the Entity for loss or damage of any kind arising out of use of the LAB Platform is reduced to the extent (if any) that the Entity causes or contributes to the loss or damage. This exclusion, limitation and reduction of liability applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. The Entity indemnifies us and will hold us harmless against any loss or claim we suffer due to its use of the LAB Platform in breach of these Terms.
General: If any provision of these Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign, subcontract or otherwise deal our rights and obligations under these Terms without the Entity’s prior consent. Headings are for reference purposes only and do not form part of these Terms. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches. We may amend these Terms at any time by posting the amended terms on a relevant site of ours or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective as soon as the Entity continues to use our services. These Terms contain the entire understanding and agreement between the Entity and us in connection with the LAB Platform. We shall have no liability to the Entity if we are prevented from, or delayed in, performing any service or delivering the LAB Platform to the Entity by acts, events, omissions or accidents beyond our reasonable control. All sections which by their nature are intended to survive termination of these Terms will be deemed to survive. These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
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