Terms & Policies

Written on 26th August 2019.

TermsPrivacy policy

Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. 

BY USING THE SERVICE OR CLICKING AGREE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR AN ENTITY FOR WHOSE BENEFIT THIS SERVICE IS BEING USED, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. IF YOU HAVE A WRITTEN AGREEMENT WITH Wurk FOR THESE SERVICES, THEN THAT AGREEMENT WILL GOVERN, AND THE AGREEMENT BELOW WILL NOT APPLY.

This agreement is between Parsel Technologies Pty Ltd trading as Wurk, a private company registered Victoria Australia, and the customer agreeing to this agreement (Customer).

  1. DELIVERY MANAGEMENT SERVICE. This agreement provides Customer with access to and usage of an Internet-based delivery management software service as specified on an order and as further outlined at: wurk.com.au (Service). All Service mobile app users need to download and install the mobile app that accompanies the Service, and usage of such mobile apps are governed under the terms of the end user license agreement provided with that app.
  2. USE OF SERVICE.
  1. Trial. If Customer has not agreed to pay for the Service, then Customer is under a trial period as designated by Wurk. During the trial period, the Service is provided AS IS. All data will be deleted at the end of trial period, unless Customer converts to a paid account.
  2. Customer Owned Data. All data uploaded by Customer remains the property of Customer, as between Wurk and Customer (Customer Data). Customer grants Wurk the right to use the Customer Data solely for purposes of performing under this agreement. During the term of this agreement, Customer may export or print reports regarding certain Customer Data as allowed by functionality within the Service.
  3. Contractors and Employee Access and Usage.Customer may allow its contractors (including without limitation, third party logistics companies) and employees to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors and its employees.
  4. Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorised access to its account, and notify Wurk promptly of any such unauthorised access; and (iv) may use the Service only in accordance with the Service’s User Guide and applicable law.
  5. Wurk Support. Wurk must provide customer support for the Service under the terms of Wurk’s Support Agreement (Support), and is incorporated into this agreement for all purposes.
  6. Privacy. Wurk's privacy policy describes the privacy issues in using the Service and the mobile apps. Customer acknowledges and agrees to the terms of this Privacy Policy, and as it may be modified over time. 
  1. BETA RELEASES
  1. From time to time, Wurk may grant Customer access to “alpha”, “beta”, or other early-stage products (“Beta Releases“). While Wurk may provide assistance with Beta Releases in its discretion, notwithstanding anything to the contrary in this Agreement, CUSTOMER AGREES THAT ANY BETA RELEASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH Wurk WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF A BETA RELEASE IS AT CUSTOMER’S SOLE RISK. Wurk makes no promises that future versions of a Beta Release will be released. Wurk may terminate Customer’s right to use any Beta Release at any time for any reason or no reason in Wurk's sole discretion, without liability.
  2. PAYMENT. Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. No refunds of prepaid fees, unless otherwise provided in this agreement. Customer is responsible for the payment of all sales, use, withholding, GST and other similar taxes. Wurk may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of Customer’s credit card may charge Customer a foreign transaction fee or related charges, which Customer will be responsible to pay.


  1. MUTUAL CONFIDENTIALITY. 
  1. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Wurk’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and non-public pricing information).
  2. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
  3. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information.  The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.

  1. WURK PROPERTY. 
  1. Reservation of Rights. The software, workflow processes, user interface, designs, know-how and other technologies provided by Wurk as part of the Service are the proprietary property of Wurk and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Wurk. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Wurk reserves all rights unless expressly granted in this agreement.
  2. Customer may not (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
  3. Aggregate Data. During and after the term of this agreement, Wurk may use and retains all rights in all non-personally identifiable data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other internal and external business purposes.
  1. TERM AND TERMINATION. 
  1. Term. This agreement continues until all orders have expired or are terminated.
  2. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
  3. Return of Customer Data. Within 60-days after termination, upon request Wurk will make the Service available for Customer to export such data.
  4. After such 60-day period, Wurk has no obligation to maintain the Customer Data and may destroy it.
  5. Return Wurk Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay Wurk for any unpaid amounts, and destroy or return all property of Wurk. Upon Wurk’s request, Customer will confirm in writing its compliance with this destruction or return requirement.
  6. Suspension for Violations of Law. Wurk may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Service, Customer has violated a law. Wurk will attempt to contact Customer in advance.
  1. LIABILITY LIMIT. 
  1. EXCLUSION OF INDIRECT DAMAGES. Wurk is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
  2. TOTAL LIMIT ON LIABILITY. Wurk’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 12-month period prior to the event that gave rise to the liability.
  1. INDEMNITY. 
  1. Defense of Third Party Claims. Wurk will defend or settle any third-party claim against Customer to the extent that such claim alleges that the Wurk technology used to provide the Service violates a copyright, patent, trademark or other intellectual property right, if Customer, promptly notifies Wurk of the claim in writing, cooperates with Wurk in the defense, and allows Wurk to solely control the defence or settlement of the claim.  
  2. Costs. Wurk will pay infringement claim defence costs incurred as part of its obligations above, and Wurk negotiated settlement amounts, and court awarded damages. 
  3. Process. If such a claim appears likely, then Wurk may modify the Service, procure the necessary rights, or replace it with the functional equivalent. If Wurk determines that none of these are reasonably available, then Wurk may terminate the Service and refund any prepaid and unused fees.
  4. Exclusions. Wurk has no obligation for any claim arising from: Wurk’s compliance with Customer’s specifications;
    A combination of the Service with other technology where the infringement would not occur but for the combination;
    Use of Customer Data; or
    Technology not provided by Wurk.
    This section contains Customer’s exclusive remedies and Wurk’s sole liability for intellectual property infringement claims.
  5. Customer Indemnity. To the extent allowed by law, if any third-party brings a claim against Wurk related to Customer acts, omissions, data or information within the Services, Customer must defend, indemnify and hold Wurk harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  1. GOVERNING LAW AND ARBITRATION.  This Agreement is governed by the laws of Victoria Australia, without regard to conflict of laws principles.  The decisions of the arbitrators may be entered in any court of competent jurisdiction.  Nothing in this Agreement prevents either party from seeking injunctive relief in any court of competent jurisdiction.  The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
  2. OTHER TERMS. 
  1. Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter.  Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it or Customer agrees to a new agreement or modification as provided by an online process designated by Wurk, and no waiver is effective unless the party waiving the right signs a waiver in writing.
  2. No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
  3. Independent Contractors. The parties are independent contractors with respect to each other.
  4. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.
  5. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
  6. No Additional Terms. Wurk rejects additional or conflicting terms of any Customer form-purchasing document.
  7. Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails.
  8. Survival of Terms Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.
  9. Feedback. If Customer provides feedback or suggestions about the Service, then Wurk (and those it allows to use its technology) may use such information without obligation to Customer.

Contacting Us

If you have any questions or concerns about our Services or these Terms, you may contact us at:

Wurk Pty Ltd
Trading as Wurk
Suite 146, 66 Victor Cres,
Narre Warren, Vic 3805

or by email at support@wurk.com.au

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Privacy Policy

This website privacy policy (“Privacy Policy” or “Policy”) describe https://www.wurk.com.au (herein after referred to as “Wurk”, “Site” or “Website”) policy on the collection, use, and disclosure of information about you in connection with your use of the domain, https://www.wurk.com.au and all associated product sites listed on our Site. The terms “we”, “us” or “our”, refer to https://www.wurk.com.au. When you use the service available at our Website, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy. The Site is owned and controlled by Parsel Technologies Pty Ltd Trading as Wurk.

We reserve the right to update, change, amend or modify this Privacy Policy at any time and said changes will be effective upon posting. Every time there is a change, we will display a notice on our Site thereof. We shall also notify you by email. We will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information unless you consent to the new or revised policy.

In every respect, by using the Site, you agree to be bound by terms of this Privacy Policy.

1. Introduction

1.1 Your privacy is important to you and to us, so we'll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.

1.2 We at Wurk are committed to respecting your online privacy and recognise your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site's web pages without telling us who you are or revealing any Personal Information about yourself. If, however, Personal Information is revealed to us, we won't sell or give away any content of your Personal Information to anyone and use state-of-the-art security measures to protect your information from unauthorised users.

1.3 For customers in Europe - if and when we collect or use your personal information, we shall do so within the framework of General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and any related legislation, regulations, requirements or guidance from time to time for us to comply. For purpose of clarity, ‘Personal Data' shall have the meaning given to it in the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

2. Information we collect and how we use it

2.1 When you visit or use our service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:

2.2.1 your computer's IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system);

2.2.2 your mobile device's unique ID number (when available), your mobile device's geographic location (specific geographic location if you've enabled collection of that information, or general geographic location automatically);

2.2.3 your provided full name, email address, zip/post code and other information you may provide with your account, such as your gender and birth date;

2.2.4 how long you visited our service and which features you used;

2.2.5 you agree to comply with all applicable privacy and data protection regulations. Further, you agree to not use our service to send us sensitive information where unauthorised disclosure could cause material, severe, or catastrophic harm or impact to Wurk, any data subjects or relying parties. Sensitive Information includes, passwords, authentication/authorisation credentials, information under strict regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) such as, credit card information, credit card numbers, CIV numbers (three digit codes for Visa and MasterCard, four digit code for American Express) and magnetic stripe information, social security numbers, driver's license numbers, passport numbers, government issued identification numbers, financial account information, health data, biometric data, personally identifiable information knowingly collected from children under the age of 13 or from online services directed toward children, real time geolocation data which can identify an individual, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications). We collect, store, and use your user data on our servers to provide you with the ability to better maintain and improve your services. We may also use data in an aggregated form for our own purposes. Our services transfer data to servers that store user data in the United States of America (“USA”) and outside USA.

2.3 Additionally, we shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

2.4 We use the information to improve the Service's functionality, quality and also personalise your experience. We also use this information to display relevant advertising, provide support, message you, and comply with legal obligations.

2.5 Please note that some of this information is automatically collected without you voluntarily choosing to provide this information to us.

3. Notice

We will ask you when we need information that personally identifies you or allows us to contact you. Generally, this information is requested when you create a registration or login ID on the Site or when you connect or browse connected sites, linked or listed on our Website, or join a limited-access premium site. We use your Personal Information for four primary purposes:

a. to make the site easier for you to use by not having to enter information more than once;

b. to help you quickly find services or information that you are looking for;

c. to help us create content most relevant to you;

d. to alert you to special offers, updated information and other new services available on our Site.

4. Third Party Services

Our services are designed to allow you to assign tasks to field workers, communicate with your field workers and customers (“Users”), and view information pertaining to your field workers' activity. Wurk does this in part using GPS and other sensors on devices running our software products and applications. Some information is automatically collected from or about your Users and field workers when you use our services and may include, for example, geographic coordinates, phone numbers, names, and addresses.

5. Consent

5.1 If you choose not to register or provide Personal Information, you can still use most of the Website. But you will not be able to access areas that require registration. If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding the Site's programs, events, or Services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive messages from us.

5.2 By accessing our Site you agree to allow us to share data lawfully, with third parties who work on our behalf to provide your services, to comply with laws or to respond to lawful requests and legal process (provided that Wurk will endeavour to notify you if Wurk has received a lawful request for your information), to protect the rights and property of Wurk, our agents, customers, and others including to enforce our agreements, policies, and terms of use, in an emergency, including to protect the personal safety of any person; and for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).

6. Access

We will provide you with the means to ensure that your Personal Information is correct and current. You may review and update this information at any time at the login section. There, you can:

a. view and edit personal information you have already given us;

b. tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail;

c. sign up for electronic newsletters about our services and products; and

d. Register. Once you register, you won't need to do it again. Wherever you go on the Site, your information stays with you.

7. Security

7.1 The Site has taken strong measures to protect the security of your Personal Information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.

7.2 You also have a significant role in protecting your information. No one can see or edit your Personal Information without knowing your user name and password, so do not share these with others.

7.3 Data Security: In addition to the above, Wurk will maintain security procedures and practices to store in a secure fashion and protect all personally identifiable information regarding the end user (“PII”) that is collected by Wurk and stored in a database owned or controlled by Wurk (the “Database”), against accidental or unlawful destruction or loss, unauthorised disclosure or access. Such security procedures and practices shall be implemented in accordance with all applicable data protection laws and shall be appropriate to the nature of the information collected and shall be aligned with industry standard practices for the management, transport, and storage of PII.


8. Registration

9.1 When you login to the Site's secure pages, we may ask you to register yourself electronically. When you do, we merge your registration information with any information you've already left with us (we call that information your personal profile). If you haven't previously registered with us, we create a personal profile for you from your registration information. If you ever want to review or update that information, you can visit the Site, click on update profile, and edit any of the Personal Information in your profile.

9. Customer Profiles

9.1 As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

9.2 Cookies: When you visit our Site, we may place “cookies” on your computer to recognise you. We do this to store your preferences, collect statistical data and track your use of our service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements. In addition to above you are requested to read our cookie policy at https://www.wurk.com.au/terms

9.3 We provide you with access to your user data and ability to delete any of your user data. We also take commercially reasonable steps to safeguard user data. We may also collect registration and other information about you as our customer through our Site. Our collection and use of information collected about you on our website is governed by this Privacy Policy.

10. What we do with the information you share

10.1 When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about our services, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer.

10.2 We will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on the Site; (b) protect and defend the rights or property of Wurk; and (c) act in urgent circumstances to protect the personal safety of users of Wurk or the public.

11. Information sharing and disclosure

11.1 We do not rent or sell Personal Information about you with other people (save with your consent) or non-affiliated companies, except to provide services you’ve requested, under the following circumstances:

a. We respond to court orders, legal proceedings or to establish or exercise our legal rights or defend against legal claims.

b. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Website’s terms of use, or as otherwise required by law.

c. We shall transfer information about you only if we are acquired by another company or individual. In this event, the Website will notify you before information about you is transferred and becomes subject to a different privacy policy.

d. We may need to contact you to comply or co-operate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by us at such email address shall be deemed to have been communicated to you.

12. Confidentiality and security

12.1 We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

12.2 We have physical, electronic, and procedural safeguards that comply with the laws prevalent in the United States of America (USA) and elsewhere we provide our services to protect personal information about you. We seek to ensure compliance with applicable technology laws to ensure the protection and preservation of your privacy. Additionally, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

13. Your Consent

14.1 By using the Website, you consent to the terms of our Privacy Policy and to the Site’s processing of Personal Information for the purposes given above as well as those explained where we at https://wurk.com.aucollect personal information on the web.

14. Contact Information

15.1 We welcome your comments regarding this privacy statement at the contact address given at the website. Should there be any concerns about contravention of this Privacy Policy, we will employ all commercially reasonable efforts to address the same. The terms in this Policy may be changed by us at any time. Wurk is free to offer its services to any client/prospective client without restriction.

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Terms and Policies