Record My Hours - Terms and Conditions of Use

1) About these Terms

  1. Please read these terms carefully.  By taking steps to install Record My Hours (the Application) on your device, you agree to be bound by them.
  2. These terms are an agreement between the user (referred to as ‘you’) and the Commonwealth of Australia represented by the Office of the Fair Work Ombudsman (referred to as ‘we’, ‘our’ or ‘us’).
  3. If you have any questions about these terms or need further information you can email us at app@fwo.gov.au.

2) Your Use of the Application

  1. We grant you a non-transferable, non-exclusive revocable licence to use the Application on your device for the purpose of making, keeping and sharing a record of your work rosters and hours and patterns of work.  This is a limited licence and all other rights are reserved to us.
  2. Your licence does not allow you to:
    1. use the Application for any commercial purposes;
    2. alter, modify or reverse engineer any element of the Application;
    3. except in accordance with user  functions that form part of the Application, copy or extract information from the Application or separately distribute that information; and
    4. use or copy any of the marks (including registered trademarks), logos or design layouts in the Application.
  3. You must not use the Application to infringe any applicable law or to commit fraud or any other offence.

3) Copyright

  1. The Application and the information contained within it are subject to copyright.
  2. Unless stated otherwise, the content (including text, graphics, logos, icons, images and any other form of information or content and design elements) is owned by the Commonwealth or used by the Commonwealth under licence from a third party.  Your use of the Application is by way of a non-exclusive licence as set out in these Terms and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you.  

4) Updating the Application

We may, in our sole discretion, change, add or remove any of the functionality of the Application.  If we do, these terms will govern any upgrade or supplement to the Application unless we notify you of replacement terms in which case those terms will apply for that upgrade.

5) Camera facility

  1. Access to your device’s camera facility within the Application is provided for the sole purpose of using the Application in accordance with its intended purpose to enable you to record your own working hours, for example to take a photograph of your roster or time sheets.  
  2. You must not use the camera facility within the Application for any other purpose, to record any other person’s or individual’s information or for any other purpose that is contrary to law.
  3. We do not endorse, condone, encourage or otherwise authorise any conduct by you that infringes any obligations you may have to your employer or any third party in respect of sensitive, confidential and/or commercial information or pursuant to any lawful workplace policy, contract, agreement, instrument, regulatory requirement or legislation, including the Corporations Act 2001 (Cth).
  4. We may revoke your licence to use the Application without prior notice if you use the camera facility within the Application in breach of these Terms or in any way contrary to its intended purpose.

6) Personal Information and back up

  1. We do not collect any personal information about you and no data is recorded or stored centrally by us.  Any data recorded by you using the Application is your data and you are responsible for the manner in which it is stored and saved.
  2. The Application provides a facility for you to back up your data. We make no representations and provide no warranties, express or implied, regarding the security of that facility.  This agreement does not affect any agreement you may have with the operator of the facility.
  3. We take no responsibility for any loss, destruction or disruption of your data.

7) Use of Non-Personal Information

We may collect, share and use technical data and related information including information about your device and the Application to facilitate the provision of updates.  You agree that we can use this information as long as it does not personally identify you.

8) Links to our website

You acknowledge that the Application provides links to our website. If you access that website, you do so subject to the terms of our Disclaimer and Privacy policy.

9) External Links

If this Application includes content that is made available by a third party or includes a link to a third party website (being someone other than us or our agencies),  then you agree that we are not responsible for examining or evaluating the content, accuracy or completeness of that material. The information and links are provided for convenience only and you should not rely on that as a statement of Government policy or advice on any particular matter.

10) Warranties / liability

To the extent permitted by law:

  1. the Application is provided on a 'as is' basis and we make no warranties that the Application is error free or that any defects with the Application will be rectified; and
  2. we (and our employees and agents) exclude any liability we may have to you or anyone else that uses the Application on your device for any loss including loss of benefits, damage, cost or expense, whether direct, indirect or consequential or otherwise arising from or in connection with the use of the Application.

11) General Terms

  1. We may terminate this agreement and your right to use the Application at any time.  If we notify you that we have terminated the agreement, you must stop using the Application and promptly remove it from your device.
  2. We may amend this agreement from time to time by notice to you.  If you do not agree to those amendments, you (as your sole remedy) should cease to use the Application and remove it from your device.
  3. You must not assign or sub-licence any rights or novate your obligations under this agreement.
  4. This agreement constitutes the entire agreement between us and you in connection with the Application.  However, this agreement does not affect any agreement you may have with the operator of the application marketplace in connection with your download of the Application.
  5. If any part of this agreement is illegal or unenforceable, we may remove it from these Terms and the remaining parts will continue in force.
  6. This agreement is governed by the law

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