Terms of Use

Introduction

Welcome to Recreo. We are excited to have you here but before you start using the website (the Services), we do need you to look through and accept these terms. We have done our best to explain it all without using too much jargon, so it is clear what we expect from you and what you can expect from us. These are your legal rights and obligations, so please do read everything. If you cannot agree to our terms, then you cannot use our Services. If you still have questions or comments after you’ve read these terms, please contact us at info@recreo.com.au.

Using our website

  1. You and Recreo: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Recreo, we, our or us, we’re talking about the Recreo entity you contract with and pay fees to, based on your contract.
  2. Our Services: Our Services consist of all the services we provide now or in the future, including our superannuation platform Services.
  3. The right to use our Services: As an invited user, we grant you the right to use our website, based on your user role and the level of access you have been granted and if you are an invited user – until your access is revoked.
  4. Rules: Whatever your role, when you use the Recreo website you agree to follow the rules outlined below. Please read them and make sure you understand what you should and should not do.
  5. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our Services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused.
  6. When we introduce new or revised Services: For new or updated Services, there might be additional terms. We will let you know what those terms are before you start using those Services.
  7. What we own: We own everything we have put into our Services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our Services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Data use and privacy

Recreo uses your data to provide our Services to you. Our Privacy Policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
  1. Use of data: When you enter or upload your data into our Services, we do not own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our Services; allow us to improve, develop and protect our Services; create new Services; communicate with you about your contract with us; and send you information we think may be of interest to you based on your marketing preferences.
  2. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our Privacy Policy sets out in detail how we process your own personal data that you enter into the Recreo website, like your name and email address.
  3. Anonymised statistical data: When you use our Services, we may create anonymised statistical data from your data and usage of our Services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
  4. Data breach notifications: Where we think there has been unauthorised access to your personal data, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority.
Our approach to data protection is built around four key principles. They are at the heart of everything we do relating to personal data. Transparency: We take a human approach to how we process personal data by being open, honest and transparent. Enablement: We enable connections and efficient use of personal data to empower productivity and growth. Security: We champion industry leading approaches to securing the personal data entrusted to us. Stewardship: We accept the responsibility that comes with processing and hosting personal data.

Confidential Information

We take reasonable precautions to protect your confidential information and expect that you will do the same for ours. Keeping it confidential: While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

Security safeguards: We have invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we have taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what Services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible for any consequences of not using those features. We strongly encourage you to use all optional security features. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

Maintenance and access

  1. Availability of the website: We strive to maintain the availability of our Services, and provide email support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but can’t guarantee it.
  2. Access issues: Occasionally you might not be able to access our Services and your data. This might happen for any number of reasons, at any time.
  3. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our Services.
  4. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical, by email, on our blog, or within our services when you log in.

Useful information for you

  1. Help using our Services: We provide a lot of guidance and support to help you use our Services. You agree to use our Services only for lawful business purposes and in line with the instructions and guidance we provide.
  2. Discussions on Recreo forum: On the Recreo forum, you can participate in discussions about our services. Do not post anything you do not have the right to share.
  3. Examples of things you must not do:
    • Undermine the security or integrity of our computing systems or networks.
    • Use our Services in any way that might impair functionality or interfere with other people’s use.
    • Access any system without permission.
    • Introduce or upload anything to our services that includes viruses or other malicious code.
    • Share anything that may be offensive, violates any law, or infringes on the rights of others.
    • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
    • Resell, lease or provide our services in any way not expressly permitted through our Services.
    • Repackage, resell, or sublicense any leads or data accessed through our services.
    • Commit fraud or other illegal acts through our services.
    • Act in a manner that is abusive or disrespectful to a Recreo employee, partner, or other Recreo customer. We will not tolerate any abuse or bullying of our Recreo employees in any situation and that includes interaction with our support teams.

Termination

Termination by Recreo: Recreo may choose to terminate your access at any time without notice. Recreo may also terminate or suspend your access to all or any data immediately if:
  • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
  • you breach any of these terms and the breach cannot be remedied,
  • you fail to pay subscription fees, or
  • you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

Liability and indemnity

  1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our Services or any third-party product.
  2. Disclaimer of warranties: Our Services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
  3. Limitation of liability: Other than liability that we cannot exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
    • For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

Disputes

Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support@Recreo.com.au. If we are unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Additional terms

  1. No professional advice: Recreo is not a professional services firm and is not in the business of giving any kind of professional advice. We may provide you with information we think might be useful, but this should not be seen as a substitute for professional advice and we are not liable for your use of the information in that way.
  2. Events outside our control: We do our best to control what we can. We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
  3. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights, you have that we cannot exclude, we are bound only by the express promises made in these terms.
  4. Blocking your access: Different laws may apply in different countries that restrict our relationship with you. We may block your access or terminate your access if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you or your company.
  5. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user.
  6. Changes to these terms: We sometimes will decide to change these terms of use. Changes will not apply retrospectively and, if we make changes, we will make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons, we do not have control over. When we notify you, we will do it by email or by posting a visible notice through our Services.
  7. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.

Recreo Office

Head Office
Level 13, Australia Square Plaza
95 Pitt Street, Sydney NSW 2000

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