Terms of Use
1. This agreement
These terms are between you and WNMC Holdings Pty Ltd (ABN 55 698 239 502) and govern your use of WorkMet. By ticking the box and continuing, you agree to them and to the Privacy Policy. If you do not agree, do not use the service.
If you use WorkMet for a business, you confirm you are authorised to accept these terms for that business, and "you" includes it.
2. This is a beta release, and it is free
Version 1.1 is an early release provided free of charge. It may contain faults, may change without notice, and may be unavailable at times. Features may be added, altered or withdrawn.
We may introduce charges in future. If we do, we will give you at least 30 days’ notice by email, and you may export your data and close your account before any charge applies. You will never be charged for a period without having agreed to it first.
What we expect that to look like: A$15 per month, with your first month free.
Because you are testing this release, you will not simply find yourself on a paid plan one day. We will let you know by email before we launch, and at that point you choose:
- Stay on. Your first month after launch is free, then A$15 per month. You will need to give us payment details to continue, which is how you tell us you have chosen this.
- Stop. Export your contacts and close your account, or simply tell us you are done. Nothing is owed for the time you spent testing.
If you do nothing, you are not charged. We hold no card details and have no way to take money from anyone who has not actively given them to us. Silence is never treated as agreement to pay.
3. Your account
- Keep your password confidential. You are responsible for activity under your account.
- Tell us promptly if you believe someone else has access to it.
- One account per person. Do not share a login.
- If your account was created for you by an administrator within your organisation, that administrator can reset your password, suspend your access, and delete your account and its contents.
4. Information you record about other people
WorkMet exists so you can keep a record of people you meet. That record is personal information about those people, and you are responsible for it. You agree that:
- You will only record information you have collected lawfully and for a legitimate business purpose.
- You will comply with the privacy, data protection, anti-spam and marketing laws that apply to you, including in Australia the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth), and where applicable the GDPR or UK GDPR.
- You will tell those people that you hold their details where the law requires it, and honour any request they make to you to correct or delete them.
- You will not record sensitive information — such as health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal record — about anyone, unless you have their explicit consent and a lawful reason.
- You will not use WorkMet to build or trade a marketing list, or to send unsolicited commercial messages.
As between you and us, you are the controller of that information and we handle it on your behalf and on your instructions.
5. Acceptable use
You must not:
- Use the service unlawfully, or to harass, stalk, defame or endanger anyone.
- Upload malicious code, or attempt to access another account, or probe, scan or test the security of the service.
- Copy, decompile, reverse engineer or resell the software, or use it to build a competing product.
- Place automated load on the service, or use it in a way that degrades it for others.
- Impersonate anyone, or publish a card containing details you are not entitled to use.
6. Your content, and who owns what
You keep ownership of everything you put into WorkMet. You grant us a limited licence to host, store, transmit and display it strictly for the purpose of providing the service to you, and for no other purpose.
We keep ownership of the software, design, branding and everything else that makes up WorkMet. Nothing here transfers any of it to you.
7. Our access to your information
We operate the database in which your information is stored, and our personnel can technically access it. We will access it only to operate the service, investigate a fault or a security issue, respond to a request from you, or where the law requires it.
We will not sell, rent, licence or trade your information, or the information you record about other people, to anyone, at any time, including if this service is discontinued. If our business is ever transferred, any buyer would be bound by privacy terms no less protective than these, and we would tell you before it happened.
8. Security incidents
We take reasonable steps to protect the service, but no system is perfectly secure and we do not warrant that it cannot be breached.
If a data breach affecting your information occurs, we will investigate promptly, take reasonable steps to contain it, notify you without undue delay, and make the notifications required by law. Where a breach is likely to result in serious harm we will notify the Office of the Australian Information Commissioner under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth), and any other regulator the law requires, including a supervisory authority under the UK or EU GDPR. We will give you the information you reasonably need to meet your own obligations to the people whose details you hold.
Nothing in these terms limits or excludes any obligation we have to notify you or a regulator of a data breach. Those duties cannot be contracted out of, and we do not try to. What clause 10 limits is the amount of money we can be liable for.
To the maximum extent permitted by law, we are not liable for a breach caused by: your own act or omission, including a weak or shared password; a compromise of your device or email account; your instructions; a failure of a third-party provider outside our reasonable control; or an event outside our reasonable control. Your remedies for a breach are limited as set out in clause 10.
You must tell us promptly if you become aware of a breach or misuse affecting the service.
9. No warranty
The service is provided "as is" and "as available". To the maximum extent permitted by law, we exclude all warranties, conditions and representations that are not expressly set out in these terms. In particular we do not warrant that the service will be uninterrupted or error free, that data extracted from a photograph will be accurate, or that any answer produced by an automated feature will be correct. Check anything important before relying on it.
Australian consumers. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited, it is limited at our option to resupplying the service or paying the cost of resupply.
10. Limitation of liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, opportunity or data, however caused.
- Our total aggregate liability arising out of or in connection with the service, in any 12 month period, is limited to the greater of the fees you paid us in that period and AUD $100. While the service is free of charge, that limit is AUD $100.
- We are not liable for loss caused by your failure to keep your own copy of your data. You can export it at any time and we recommend you do so regularly.
11. You indemnify us
You indemnify us against any claim, loss, liability, fine or reasonable cost we incur arising from: your breach of these terms; your unlawful collection, recording or use of personal information about another person; a claim by a person whose details you recorded; or a message you sent using details held in the service. This survives the end of your account.
12. Suspension and closing your account
You may close your account at any time by emailing us. Export your data first.
We may suspend or close your account if you breach these terms, if we are required to by law, or if we discontinue the service. Unless we are prevented by law, we will give you at least 30 days’ notice before discontinuing the service and a reasonable opportunity to export your data. On closure we delete your data as described in the Privacy Policy.
13. Third-party services
WorkMet relies on services operated by others, and links out to email, calendar, messaging and social applications on your device. We are not responsible for those services or their content, and your use of them is governed by their own terms.
14. Changes to these terms
We may change these terms. If a change is material we will tell you in the app and ask you to accept the new version. If you do not accept it, you may export your data and close your account.
15. Governing law
These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state and the courts able to hear appeals from them. If you use the service from outside Australia, you do so on your own initiative and are responsible for complying with your local law.
16. General
If any part of these terms is unenforceable, the rest continues to apply. Our failure to enforce a term is not a waiver of it. You may not transfer your rights under these terms without our consent. These terms and the Privacy Policy are the whole agreement between us about the service.