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Fair Use Policy

1. PURPOSE OF THIS DOCUMENT
1.1 This Policy is designed to: 
1.2 ensure all of our Customers can access our Workplace Advice Line services and do not use those services unreasonably or unacceptably;
1.3 promote fair and equal access to our Workplace Advice Line for all Customers; and
1.4 protect those who might be affected by the few Customers who may use our Workplace Advice Line services for activities other than their intended use.
1.5 To the extent permitted by law we reserve the right at any time to vary the terms of this Policy and/or the nature and/or extent (including exclusions and inclusions) of the Workplace Advice Line services.  Any such changes will appear on the Platform at www.workplaceassured.com.au.
1.6 This Fair Use Policy was last updated on 4 September 2017.
 
2. WORKPLACE ASSURED - ADVICE LINE
2.1 The Workplace Advice Line is a workplace relations solution comprising of high level telephone based advice on general workplace issues which we will provide to you. This does not include advice concerning matters of tax, migration, accountancy or other specialist subject-matter which is incidental to general workplace issues. Further details are available upon request.
2.2 Workplace Assured Clients are entitled to access the Workplace Advice Line for the Term. 
2.3 Only your Authorised Persons specified in your Workplace Assured application or such senior employees and officers authorised by you to from time to time will be entitled to access the Workplace Advice Line on behalf of the Workplace Assured Client. 
2.4 During the Term, you will be entitled to access, by telephone, the Workplace Advice Line for genuine workplace related issues within the workplace.
2.5 This entitlement is on a 24 hours a day, 7 days a week, 365 days a year basis, subject to network or maintenance downtime and any reasonably unforeseen events.
2.6 During Business Hours, all calls to the Workplace Advice Line will be answered or (where the caller has left a message requesting a call back and containing a call back number) returned promptly. Outside of Business Hours, Workplace Advice Line calls will be directed to a mobile phone of a Workplace Advice Line team member. In circumstances where the Workplace Advice Line team member does not answer a call made outside of Business Hours, the Workplace Advice Line team member will, where the caller has left a message requesting a call back and containing a call back number, respond to the caller (by phone or text) within:
2.6.1 2 hours where the call was made between 6am and 10pm; or
2.6.2 4 hours where the call was made between 10pm and 6am.
2.7 Our Workplace Advice Line staff are workplace relations experts who provide general guidance on workplace issues.
2.8 The Workplace Advice Line is not a substitute for legal advice by a suitably qualified lawyer or other professional tailored for your particular circumstances.  It provides general guidance only.
2.9 If, in our absolute discretion, we consider it appropriate and within the scope of both the Workplace Advice Line services and your Workplace Assured Benefits, your call may be transferred to a lawyer within Australian Business Lawyers & Advisors, within business hours, to provide you with general information and telephone based advice.
2.10 If further advice is required that we consider in our absolute discretion is outside the scope of your Workplace Advice Line services and within the expertise of a lawyer, you will be referred to a lawyer for further advice and assistance. Such legal services will be on a fee for service basis as will be discussed and agreed with you at the relevant time.
 
3. GENERAL + CONTACT INFORMATION
3.1 By using our Workplace Advice Line services you accept the terms of this Policy.
3.2 You can contact us by telephone on 1300 579 162.
3.3 You may only use our Workplace Advice Line services in relation to the relevant business entity that is the Workplace Assured Client.  You acknowledge that this access to and use of the Workplace Advice Line is not transferable or for personal or individual use except to the extent specified in any relevant policy or under your Workplace Assured Agreement.
3.4 You must at all times be polite, professional and courteous when dealing with our Workplace Advice Line and other staff.
3.5 You may not use our Workplace Advice Line services in a manner which is ‘unreasonable’ or ‘unacceptable’, as described in clauses 4 and 5.
 
4. UNREASONABLE USE
4.1 Your use will be considered unreasonable if you use it in a manner which is other than we intend.
4.2 Your use will be unreasonable if it adversely affects the Workplace Advice Line or Workplace Assured services or Benefits or otherwise adversely affects the use by other users of the Workplace Advice Line;
4.3 The following (non-exhaustive) list, is considered to be ‘unreasonable use’ for the purpose of this Policy:
4.3.1 if the use could not be reasonably regarded as ordinary and genuine business use;
4.3.2 using our services for fraudulent purposes;
4.3.3 abnormal, excessive use or unreasonably high use as reasonably determined by us in all the circumstances; 
4.3.4 seeking advice for the benefit of an individual not covered by the Workplace Assured Benefits and/or contrary to the interests of relevant the Workplace Assured Client; and
4.3.5 using our services for the benefit of a third party.
 
5. UNACCEPTABLE USE
5.1 You must not:
5.1.1 use our Workplace Advice Line services in a manner which interferes with the use of our Workplace Advice Line by other Customers;
5.1.2 provide us with false information in order to use our Workplace Advice Line services;
5.1.3 use our Workplace Advice Line services to defame, harass or abuse anyone or violate their privacy;
5.1.4 contravene any applicable laws when using our Workplace Advice Line services;
5.1.5 infringe anyone’s Intellectual Property Rights including confidential information; or
5.1.6 use our Workplace Advice Line services in a manner designed to compromise or interfere with the operation of our Workplace Advice Line or other NSW Business Chamber services.
 
6. DISCLAIMERS
6.1 Disclaimers with respect to the Workplace Advice Line  are displayed on the Platform, as amended from time to time.  

7. BREACH
7.1 If you breach any part of this Policy we may request that you modify your use of our Workplace Advice Line services.
7.2 If you do not modify your use of our Workplace Advice Line services in accordance with our request under clause 7.1, we may suspend your access to our Workplace Advice Line immediately and without notice to you.
7.3 If your use is illegal or considered to be unreasonable or unacceptable or otherwise in breach of this Policy, we reserve the right to suspend or cancel some or all of your rights to use our Workplace Advice Line services immediately and without notice to you.
 
8. GOVERNING LAW
8.1 This Policy is governed by the laws of New South Wales, the courts of which shall have non-exclusive jurisdiction with respect to any disputes.
 
9. DEFINITIONS
9.1 Except where expressly set out in this Policy, defined terms have the same meaning as the definitions under the Agreement.
9.2 Personal pronouns: Except where the context otherwise provides or requires:
9.2.1 the terms we, us or our refers to Australian Business Lawyers & Advisors (or its assignee or successor in title); and  
9.2.2 the terms you or your refers to the user, recipient of  or applicant for Workplace Assured and the person accepting the terms of this Policy.
9.3 In this Policy, unless the context otherwise requires or provides:
Agreement means the agreement between the Workplace Assured Client and Workplace Assured Pty Limited (ACN 612 651 966) for the Workplace Assured Benefits on the terms of the Quote and the Workplace Assured terms and conditions (available on the Platform) and any other applicable agreement, policy, document or terms and conditions.
Australian Business Lawyers & Advisors means Australian Business Lawyers & Advisors Pty Limited in its personal capacity and as trustee of the Australian Business Lawyers & Advisors Trust (ACN 146 318 783).   Australian Business Lawyers & Advisors Pty Limited is wholly-owned by the NSW Business Chamber.
Customer means any individual, business or other entity, customer, member or client of us from time to time, including Workplace Assured Clients. 
Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales.
Business Hours means the hours of 8am to 5.30pm on a Business Day.
Intellectual Property Rights means all present and future intellectual and industrial property rights subsisting in any and all media and materials (whether now known or created in the future), conferred by statute, at common law or in equity and wherever existing.
Platform means www.workplaceassured.com.au.
Start Date means the date which we have agreed (pursuant to your Workplace Assured application) as being the Service Start Date for and eligibility to receive your Workplace Assured Benefits.
Term means, from the Start Date, the applicable period for which you have elected or agreed to be provided with Workplace Assured benefits (subject to earlier termination in accordance with the Agreement.
Workplace Advice Line means the Workplace Advice Line which provides telephone based workplace related advice, run by Australian Business Lawyers & Advisors and/or its related or affiliated entities (as the case may be) from time to time. 
Workplace Assured Client means any person who has contracted for and is entitled to receive the benefits of the Workplace Assured Benefits as outlined in clause 2 of the Workplace Assured Agreement.
9.4 In this Policy, a reference to time is to Sydney time.

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