Wellbeing@Work Index Terms of Use

 

By accessing or using the Wellbeing@Work Index solution (W@W Index), and the content and materials contained therein (the Solution), you agree to the following terms. Please read these terms and conditions carefully before using the Solution.

The term “we” or “us” refers to Deloitte Solutions Pty Limited and its affiliated entities (Deloitte). The term “you” refers to the purchaser of the Solution or those users who you authorise to make use of the Solution (Authorised Users). You are responsible for adding or removing Authorised Users to or from your account and for ensuring that you take appropriate security measures to protect access to the Solution, including by protecting and administering access to username and password details as well as only allowing access by authorised users. You are also responsible for updating any user information.

 

  1. The Services

 You have selected the Base version of the W@W Index for which Deloitte will perform the services (Services) that are outlined at Appendix 1. So that we can provide you with these Services, You and/or your nominated cohort of employees (Authorised Users) agree to provide us with certain information via the W@W Index survey (Responses) which will be used to generate the data underpinning the results displayed in the Executive Dashboard (Results).

 

The W@W Index will be open for Authorised Users to contribute their Responses between a designated period of time as determined by you (Survey Window).

Additionally, if the Results show that your organisation is leading other Australian companies in particular aspects of Wellness, you agree that Deloitte may refer to your organisation as a Wellbeing leader (including by using your organisation’s logo) in any public statement we make regarding the W@W Index. The availability of benchmarked information will be subject to achieving a statistically sufficient number of participants to the W@W Index.

 

  1. Fees and Payment

 In consideration for the provision of access to the W@W Index and the Results, unless otherwise agreed with us in writing, you agree to pay us the relevant fee as set out on the Solutions by Deloitte website.

 

  1. Limitations on our Services and our Work and matters excluded from scope

 The Services and the Results are provided subject to the following limitations and conditions.  You acknowledge and agree that:

  • The W@W Index is intended to provide a general overview and does not, and does not purport to, provide a detailed analysis or insight into each aspect of wellbeing across your organisation. If you require more detailed analysis or advice in relation to wellbeing we can discuss the scope and fees for Deloitte to separately perform such work for you;
  • the Services are not designed to, and are not likely to, reveal fraud or misrepresentation by any participant in the W@W Index;
  • we will not audit or verify the accuracy or completeness of the Responses, unless you engage us to do so and, to that extent, the Results may not be entirely accurate, complete, or reliable;
  • the Services will be limited by the time available for the survey, number of respondents, the accuracy of their responses and filters that are pre-agreed with you; and
  • you are solely responsible for making all management decisions, performing all management functions, and assuming all management responsibilities in relation to the Services and the Results.
  • the Services will be limited to Australian respondents only. The ability to run the W@W Index offshore, outside of Australia, will be considered on a case by case basis and may be subject to further fees.

 

  1. Term and Termination

This Agreement commences on the earlier of the date of execution of this Agreement or the date on which you purchase the W@W Index and continues until the earlier of the date that we have completed providing the Services to you, or until the Agreement is otherwise terminated in accordance with its terms.

Deloitte may suspend or terminate your right to use the W@W at any time if: (a) you breach the terms of this Agreement or the Deloitte Privacy Policy, and do not cure such breach within a reasonable period of time after becoming aware of the breach; (b) Deloitte reasonably believes that you are using the W@W Index in a manner that harms Deloitte or its reputation; or (c) Deloitte advises you of its intention to terminate this licence, at its sole and absolute discretion.

Immediately upon the expiration or termination of this Agreement you must discontinue all use of the W@W Index.

 

  1. Licence and Use of the W@W Index

Access to the W@W Index is via the Qualtrics survey platform (Platform). We will liaise with you to configure the W@W Index and the Platform to enable you to undertake the survey based on your requirements and then provide you with a link to complete the survey. You may share this link with your Authorised Users for the purpose of completing the survey. You agree that, in addition to the terms of this Agreement, your use of the W@W Index is governed by the Qualtrics Terms of Service (https://www.qualtrics.com/terms-of-service/) and Privacy Statement (https://www.qualtrics.com/privacy-statement/).

You are granted a non-transferable, limited, non-exclusive, revocable, royalty-free licence to access and use the W@W Index solely for the purpose of providing the User Content (as defined below).

You must not: (a) distribute, rebrand, market, relicense, sublicense, rent, lease, assign, repackage, license, sell, adapt, translate, enhance, copy, modify, decompile, disassemble, or reverse engineer the whole or any part of the W@W Index; (b) merge the W@W Index into any other platform or application or port any content from the W@W Index to any other platform or application; (c) create derivative works based on the W@W Index; (iv) duplicate, sell, or reproduce any of the content available through the W@W Index, or any portion thereof (including, for the avoidance of doubt, the survey questions), except as permitted in this Agreement; or (v) use the W@W Index or any content contained therein to develop, license, sublicense, or otherwise make available any product or service that mimics, duplicates, or competes with the features and/or functionality of the W@W Index.

You agree not to upload, post, email, or otherwise send, transmit, or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software, hardware, or equipment linked directly or indirectly with the W@W Index or W@W Index itself. You agree not to interfere with the servers or networks connected to the W@W Index. You must not access the W@W Index in an unauthorised manner.

 

  1. Materials and Content

As between you and Deloitte, all materials (including logos, company names, trademarks, images, software, and content whether downloaded or not) (Materials) contained in the W@W Index are owned by Deloitte unless indicated otherwise. You acknowledge and agree that the Materials are valuable property of Deloitte and that, other than the licence granted to you in this Agreement, you do not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in this Agreement.

When using the W@W Index you will provide Responses and other Personal Information (as that term is defined in the Privacy Act) (User Content).  Deloitte will not audit or verify the User Content. However, we may notify you of any anomalies in the User Content that we may identify in the normal course of providing the W@W Index to you. You must examine any anomalies in the User Content notified by Deloitte to you.

Each time you submit User Content to Deloitte or the W@W Index, you represent and warrant to Deloitte that you own the User Content or you have the right to submit it, and submitting it will not infringe any third party’s intellectual property rights, or any other personal or proprietary rights. You agree to indemnify Deloitte and its affiliates for all claims arising out of or in connection with your breach of this warranty.

Deloitte does not claim any ownership in User Content. You will retain all rights, title and interest (including intellectual property rights) in any User Content. However, by submitting User Content you hereby grant Deloitte an irrevocable, perpetual, non-exclusive, royalty-free licence to use, copy, display, edit, distribute, and otherwise exploit the User Content, or any portion of it, and any ideas, concepts or know-how contained therein. This includes but is not limited to using any User Content, in a de-identified format, for benchmarking and report-creation purposes.

 

  1. Privacy

The Deloitte Privacy Statement will also apply to your use of the W@W Index and forms part of this Agreement. The Deloitte Privacy Statement can be accessed at Deloitte’s website: https://www2.deloitte.com/au/en.html. If there is any inconsistency between this Agreement and the Deloitte Privacy Statement, the terms of this Agreement will prevail to the extent of the inconsistency.

By using the W@W Index you consent to Deloitte providing your Responses, Results, and any other related information (including any Personal Information contained therein) to Medibank.

 

  1. Results

The Results are prepared solely for your internal use. The Results are not intended to be, and should not be, used or relied upon by anyone else. Deloitte accepts no duty of care or responsibility for the Results where such Results have been updated, changed, or modified by any person other than Deloitte.

You acknowledge and agree that neither the W@W Index, nor any of the content contained within the W@W Index, constitutes professional, accounting, tax, or legal advice of any kind and does not consider your specific objectives, situation or needs. You further acknowledge and agree that you will not rely on the W@W Index or the Results. To the extent permitted by law Deloitte accepts no duty of care or liability to anyone regarding the W@W Index or its contents.

You are responsible for the accuracy, completeness and currency of the User Content, and you agree that Deloitte is not responsible for any inaccuracy in the Results which occurs as a result of inaccuracy or incompleteness in the User Content.

You are responsible for managing all aspects of your business, making all decisions and operating all accounting, internal control or management information systems. Furthermore, you are responsible for any decisions that you make as a result of your use of W@W Index or the Results.

You must not use the W@W Index or the Results for any illegal, immoral, or harmful purpose.

 

  1. Security and Access

You are responsible for ensuring that you take appropriate security measures to protect access to the W@W Index, including by protecting and administering access to the W@W Index as well as only allowing access by your Authorised Users.

You must advise Deloitte of any changes to your Authorised Users.

 

  1. Liability and Warranties

Any rights not expressly granted in this Agreement are reserved by Deloitte and all implied licenses are disclaimed.

The W@W Index is provided to you on an ‘as is’ basis and to the extent permitted by applicable law, all terms, conditions, warranties, undertakings, inducements, or representations on any basis (including negligence) whether express, implied, statutory or otherwise relating in any way to the W@W Index are excluded by Deloitte, including but not limited to any implied warranties, duties, or conditions of merchantability, of fitness for a particular purpose, or of accuracy or completeness of the Results. Without limiting the foregoing, any liability under any condition, warranty, or representation that by law cannot be excluded is, where permitted by law, at our option to repair or replace the W@W Index. To the extent permitted by law, Deloitte’s liability is excluded in respect of any indirect or consequential loss (including loss of income or profit, or lost or corrupted data) incurred by you in relation to the W@W Index.

You indemnify, defend, and hold Deloitte, its successors and permitted assigns (those indemnified) harmless from and against any damage, loss, cost, or expense or any other liability of every nature, kind, and description whatsoever (including, without limitation, reasonable legal fees and expenses) incurred or suffered by those indemnified, arising out of or in connection with your use of the W@W Index.

If Deloitte believes, in its sole discretion, that the W@W Index, or any part of it, has or may become the subject of a claim of infringement, Deloitte, at its option and expense, may: (i) procure the right for you to continue to use the W@W Index; (ii) replace or modify the W@W Index so as to make it non-infringing; or (iii) discontinue the licence granted herein. This paragraph states the entire liability of Deloitte with respect to infringement of any intellectual property rights, or other proprietary rights, by the W@W Index or any part of it.

 

  1. General

The terms of this Agreement and the Deloitte Privacy Policy may be amended from time to time and by continuing to use the W@W Index you agree to comply with those terms as they are amended from time to time.

This Agreement and your use of the W@W Index are governed by the laws of New South Wales.

 

Appendix 1:  Services

The below table summarises the Service that will be provided as part of the Base package that you have selected.

 

Conduct of an online survey to be completed by one representative of your organisation and your nominated cohort of employees.

The opportunity to be publicly recognised for your organisation’s leadership in corporate wellbeing  depending on the results of the W@W Index

Subject to Deloitte receiving a statistically sufficient number of participant organisations in the W@W Index solution, comparison of your organisation’s performance for each pillar against the average of other participating Australian organisations.

Provision of a read-only Executive dashboard for your organisation, which may be built in Tableau (1) that summarises:

  • your overall Wellbeing score (out of 100) and the average score of other participating organisations (where a statistically sufficient number of organisations have participated in the W@W Index solution); and
  • for each of the four pillars:
    • the scores from your nominated cohort of employees and your organisational representative; and
    • the results of the nominated cohort of employees by key theme.

 (1) The client is responsible for arranging its own access to the Tableau software to be able to view the Dashboard (if applicable).

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