1.1 Your agreement to these Terms and Conditions
- MER Solutions Asia Pacific Pty Ltd Pty Ltd (ACN 623 196 994) and Maritime Applications Pty Ltd (ACN 647 658 204) are referred to collectively in these Terms and Conditions as (Mer Solutions) or “we”, “us”, “our” and similar.
- We provide specialist risk management solutions in the maritime, resources and energy sectors (Services) and license software to independent inspectors engaged to provide the Services (Software).
- The website at the domain name http://www.mer-solutions.com/ (Website) is owned and operated by us.
- By accessing the Website; providing us with any material or information, via the Website, email, telephone or otherwise; entering into a license to access the Software; or engaging us to provide the Services, you are agreeing to these Terms and Conditions.
- We reserve the right to change these Terms and Conditions:
- with or without prior notice to you; and
- without giving you any explanation or justification for such change.
- We will take reasonable steps to notify you of such changes, by posting the amended Terms and Conditions on our Website. By accessing the Website; providing us with any material or information, via the Website, email, telephone or otherwise; or engaging us to provide any Services following any amendments you agree to be bound by the amended Terms and Conditions. We suggest that each time you access our Website you read the Terms and Conditions.
2 Website Terms and Conditions
2.1 Use of the Website
- The material on the Website is copyright © 2023 Mer Solutions and other copyright owners.
- All logos, brand names and service names that identify us are our copyright works and/or our trade marks. All articles, blogs, biographies and other information on this Website are our copyright works, unless otherwise specified. All other copyright works and/or trade marks on this Website are the property of their respective owners. We reserve all intellectual property rights, including, but not limited to, copyright and trade mark rights in all material published on this Website or given to you by us in the course of providing the Services or licensing the Software (Material). You must obtain written permission before using any Material. Any unauthorised use of Material may violate contractual, copyright, trade mark and other rights or legal protections and could result in criminal or civil penalties.
- Except for the limited use set out in clause 1(d) you may not use the Website or the Material, for any purpose. We reserve the right to serve you with notice if we discover that you are involved in:
- removing any copyright, trade mark or other notice of intellectual property rights applied by us to the Material;
- using the Material in breach of the right of attribution or any other moral rights held by the owner of any Moral Rights in the Material;
- reproduction of the Material in any material form;
- distribution of the Material in any material form;
- selling of the Material in any material form;
- re-transmission of the Material by any medium of communication;
- storing the Material in any storage media;
- uploading or reposting the Material to any other site on the Internet;
- modifying or copying the layout of the Website;
- modifying or copying any computer software or code contained in the Material;
- “framing” the Material on the Website with other material on any other website;
- reformatting the Website or any of the Material on the Website;
- metatagging or mirroring of the Material; and
- using data mining robots or other extraction tools in relation to the Website.
The above is unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.
- Despite the above restrictions on use of the Material, you may download Material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the Material.
2.2 Links to other websites
- This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
- In relation to the other sites on the Internet, which are linked to the Website, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement, support or sponsorship by us of the operator of that linked site nor of the information and/or products or services and/or content of the linked site; and
- take no responsibility for the content and material or maintenance of any linked site; and
- This Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
- You may link our Website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
- We endeavor to ensure that details, descriptions, images and prices of services appearing on the website are correct at the time when the relevant information is entered onto the system.
- Subject to the Australian Consumer Laws, to the full extent permitted by law we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites.
- We may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any notice, explanation or justification for removing the material or information.
- Subject to Australian Consumer Laws, we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of:
- Any inaccuracy of any information or material on the Website or any linked sites;
- Our removal of any information or material from the Website or any linked sites;
- You or any other party acting, or failing to act, on any information contained on or referred to on the Website or any of the linked sites; and
- You using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
2.4 Viruses, Interruptions, Errors and Defects
- We do not warrant, guarantee, or make any representation that:
- the Website or Software, or the server that makes the Website available on the Internet are free of software viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful;
- the Software or functions contained in any software contained on the Website will operate uninterrupted or are error-free; or
- errors, defects or omissions in the Website or Software will be corrected.
- Subject to Australian Consumer Laws, we are not liable to you for:
- any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful and that may affect your computer software or hardware or otherwise affect you as a consequence of you accessing the Website or Software;
- interruptions, including delays to or cessation of access to the Software, Website or linked sites;
- errors, defects or omissions in the Software, Website, or linked sites on the Internet; or
- defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or Software.
2.5 Uploading material or information
- You represent and warrant in relation to any material or information you upload to the Website or data you enter into the Software that:
- You are authorised to provide the material or information and/or data in accordance with these Terms and Conditions;
- The material or information and/or data:
- is accurate and complete;
- is not offensive or illegal;
- is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- is not third party confidential information;
- is not the “passing off” of any product or service, is not misleading or deceptive, and does not constitute unfair competition;
- does not infringe any intellectual property right including, but not limited to copyright and trade mark rights;
- does not infringe any legislation or regulations of the Commonwealth of Australia (including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL)) and the State of Queensland and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of the Website; and
- does not otherwise infringe upon the contractual or common law rights of any person or corporation.
- By uploading or inputting any material or information and/or data, including any material or information and/or data that is protected by intellectual property rights including, but not limited to, copyright and trade mark rights, on to the Website or Software, you are granting us a perpetual, non-exclusive, transferrable and payment-free licence throughout the world to:
- use and sell the data;
- reproduce, use and exploit the intellectual property to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
- allow us to sub-licence others the same rights granted to us in clause 5(b)(i) above.
- You consent, and warrant that you have obtained all relevant third party consents, to a breach by us, any transferee, or any licensee or other person authorised by us to use the intellectual property, of any Moral Rights in any copyright in the intellectual property and waive the right to, and warrant that you have obtained all necessary third party waivers of the right to, take any action against us, any transferee, or any licensee or other person authorised by us to use the intellectual property for such breach of any moral rights in any copyright in the intellectual property.
- You consent to us emailing you at any email address you provide to us or telephoning you on any phone number you provide to us, and you have taken steps to ensure that it is safe for you to be contacted by us via these means.
- You acknowledge that the Services provided by us may be affected by the information you provide to us. We will not be liable for any advice that is incorrect due to your failure to provide accurate and complete information.
2.6 Limit of liability
- We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
- in relation to or in connection with any material or information supplied in respect of advertising on this Website;
- as a consequence of removing any material or information from this Website.
- We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
- any breach of these Terms and Conditions by you; and
- publication, distribution or use of the material or information or data or intellectual property supplied by you.
3.1 What information do we collect?
- The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes. If you pay for any goods or services by credit card, debit card, electronic transfer or direct debit from your bank account we will collect your card or bank account details.
- To the extent practicable and reasonable, you may deal with us on an anonymous basis or through the use of a pseudonym. However, if you engage us to provide any Services or license the Software to you, it will not be practicable to correspond with you in this manner and your personal information will be required.
- We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
- We undertake to take due care with all information we collect. However in providing us with such information you accept that we are not liable for its misuse due to error in transmission or any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful.
- We will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) and the General Data Protection Regulation (GDPR), where applicable.
3.2 When do we collect information?
- We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information).
- We collect three categories of information:
- the personal information you voluntarily provide with your informed consent;
- personal information about you from other sources, such as a referee provided by you on an employment or independent contractor application made with us; and
- “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.
3.3 Why do we use “cookies” and other web use tracking technologies?
- General information about visits to our Website is collected by our computer servers through “cookies” (small files containing a unique identification (ID) number that our Website transfers to your computer’s hard drive through your Web browser to be stored in the cache of your computer).
- The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address. The anonymous non-personal information that we collect and analyse via “cookies” is not personal information as described in the Privacy Act.
- We collect information using “cookies” and other tracking technologies for the following reasons:
- to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
- to recognise your computer when you next visit our Website to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user; and
- to log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
3.4 How do we store your information?
- We use different technologies and procedures to help protect personal information from unauthorised access, loss, alteration, disclosure or use. Some of the safeguards we use are physical access controls, anti-virus software and access authorisation controls to where your personal information is held. Our commitment to data security means:
- we have procedures to limit access to personal information within our organisation;
- we use security measures and technologies within our organisation to protect your personal information; and
- we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where personal information is being transferred.
- Web traffic information we collect, such as data collected by Google Analytics may be stored overseas.
3.5 How long do we keep your personal information?
We are obligated to keep certain personal information for a minimum period of 7 years. However, we will take steps to de-identify or delete any personal information once it is no longer necessary and/or we are no longer obligated to keep it.
3.6 What use do we make of your personal information?
- Provision of services:
- Handling customer enquiries;
- Opening files;
- Preparing documents;
- Communicating with you;
- Referrals to third party service providers;
- Receiving and processing trust monies;
- Receiving and processing payments; and
- Debt collection.
- After-sale services:
- Refunds or re-performance of work;
- Customer service functions, including complaints and warranty claims; and
- Sending off-risk correspondence.
- Marketing and consumer analytics:
- Providing you with information regarding services or events that may be of interest to you;
- Improving our services (including contacting you about those improvements and asking you to participate in surveys and reviews about our products and services); and
- Marketing and promotional activities by us (including by direct marketing by email, SMS and MMS messages).
- Events, competitions and promotions, and social media:
- Drawing and contacting winners;
- Adding entrants to marketing database;
- Responding to social media messages; and
- Fulfilling social media platform rules.
- General administrative and security use:
- Protecting the Website from security threats, fraud, or other criminal activities;
- Administration and management of Mer Solutions;
- Maintenance and development of our products and services, business systems and infrastructure; and
- Customer service and quality assurance.
- Background checks for employee and independent contractor applications with us:
- Assessing candidate suitability for role;
- Verification of candidate identity and age;
- bankruptcy and directorship searches and company checks;
- Social media activity background checks including publicly available information including Facebook, Twitter, Instagram, and YouTube; and
- Criminal history background checks;
- Confirmation of eligibility to work in Australia;
- Confirmation of education and qualifications;
- Confirmation of previous employment; and
- Consideration regarding medical leave.
- Administration and performance monitoring of employees, whether or not the employment or contractor relationship is prospective, current or past:
- Dealings related to the employer/employee relationship or the contractor/principal relationship (as the case may be);
- Facilitating any purchase of any products or services and associated staff discounts; and
- Monitoring systems, performance and time, and internet usage.
3.7 To whom will we disclose your personal information?
- Agents and subcontractors engaged by us to assist in the provision of our products and services to you.
- Our third party partners, including advertising agencies, digital advertising networks (for example Google and Facebook).
- Service providers (including IT service providers).
- Third parties connected with the sales and after sales process including, payment platform providers, financial institutions, credit service providers, credit reporting bodies, and any third party providers who provide us with ecommerce services, or who assist us in providing our products and services to you.
- Third parties connected with the marketing process, including messaging service providers, marketing list providers or third parties who assist us in providing our products and services to you.
- For employees or prospective employees and independent contractors:
- A relevant superannuation fund.
- The Australian Taxation Office.
- Relevant Worker’s Compensation organisation(s) (e.g. WorkCover).
- Third party referees provided by you in connection with an application for employment with us.
- Recruitment agents used in connection with an application for employment with us.
- Third party parties in connection with obtaining any background checks, pre-employment screening (including without limitation psychometric services) or loss prevention consultation and implementation programs.
- Financial institutions for payroll purposes.
- Any other person when we believe release is appropriate to comply with the law, enforce our subscription agreements, these Terms and Conditions, or protect ours or others’ rights, property, or safety.
3.8 Direct Marketing
- You give your express and informed consent to us using your personal information to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications). In addition, we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, you may do so by using the “unsubscribe” facility included in the Direct Marketing Communication.
3.9 How can you access the personal information that we collect?
- We are happy to provide you with details of personal information held about you.
- To access this information, you need to email us at email@example.com.
- If you are concerned that any personal information held about you is inaccurate, out of date, incomplete, irrelevant or misleading you need to email us at firstname.lastname@example.org and we will take reasonable steps to correct the personal information held about you.
- If you believe that your personal information has been misused, you need to email us at email@example.com and we will attempt to resolve your complaint. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992. Email: firstname.lastname@example.org. OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints
Our failure to exercise or enforce any right or provision of the Terms for Customers shall not constitute a waiver of such right or provision.
4.2 Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
4.4 Dispute Resolution
The parties agree to make reasonable attempts to resolve all disputes relating to these Terms and Conditions via direct communication at first instance. In the event that the parties are unable to resolve any dispute via direct communication, the parties agree to attempt to resolve the dispute with the assistance of a Queensland Law Society accredited mediator, with the cost of mediation to be split equally between the parties.
- These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
- You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms and Conditions.