All Aon Data Centre
Terms and Conditions
Aon
Remuneration Reports – Terms and Conditions
Introduction and acceptance of
terms and conditions
1. The Aon Remuneration
Reports data centre (“Data Centre”) is an internet-based facility owned and
operated by Aon Advisory Australia Pty Ltd (ABN 50 068 620 771) (“Aon”, “us”,
“we”). “You” and “Your” means the individual or legal entity using the Data
Centre pursuant to these Terms and Conditions (“Terms”).
2. Your access to the Data
Centre and use of Aon’s Remuneration Reports (“Reports”) are governed by these
Terms.
3. Your access and use of the
Data Centre constitutes your agreement with and acceptance of these Terms. If
you do not accept these Terms you may not use or continue to use the Data
Centre and/or the Reports.
4. These Terms may change or
be updated from time to time (by way of a notice to you on the Data Centre or
by any other means of communication) and it is your responsibility to ensure
that you remain in agreement with the current Terms.
Content
and access
5. The Data Centre is for the
use of Aon clients who have agreed to contribute and subscribe to the Reports
including paying an annual subscription fee (“Registered User”).
6. Each Registered User is
required to supply Aon with accurate salaries and benefits data by the relevant
due dates, in accordance with our single data capture process.
7. The registration process
for the Data Centre requires you to provide a unique and valid email address,
user name and password (“User Identification Details”) which you are required
to keep confidential and secure against any improper or unauthorised use.
8. Access to the Data Centre
is only available to you whilst you are a Registered User and once access is
granted, any actions made using your User Identification Details will be deemed
to be made by you or with your authority.
9. You must only access the
Data Centre for legitimate and lawful purposes and in accordance with any
instructions or directions provided to you.
Responsibilities
of Aon and you
10. You may only use the
Reports within your own organisation and must not convey the content of the
Reports to any third parties.
11. You are responsible for any
action or instruction carried out in conjunction with your User Identification
Details.
12. Aon will use reasonable
care in preparing and maintaining the information on the Data Centre and in the
Reports however does not warrant the accuracy, reliability, adequacy or
completeness of any content.
13. You agree that when using the
Data Centre you will not:
a) do anything which will or
might damage, disrupt access to, or interfere with the proper operation of the
Data Centre, or any transaction being conducted on it;
b) do anything which will or
might place an unreasonable load on the Data Centre infrastructure;
c) impersonate any person or
entity;
d) transmit any material which
contains viruses, or other computer codes designed to interrupt, limit or
destroy the efficient operation of the Data Centre, or its software or
hardware; or
e) do anything which breaches
or infringes our property rights in any way, including copyright.
Disclaimers
14. Any information provided on
the Data Centre and in the Reports is general in nature.
15. The Reports are designed to
provide a summary of pay rates at the time of publication.
16. The Reports do not purport
to be conclusive and are intended to be used as a general guide only.
17. The Reports have been
produced using data that, to the best of Aon’s knowledge, was current and
correct at the time of publication.
18. Whilst considerable lengths
have been taken to verify all data received from a Registered User, Aon gives
no guarantee as to the accuracy or validity of the information contained in the
Reports, nor its applicability to any specific circumstances.
19. Aon does not guarantee that
access to the Data Centre will be uninterrupted or free from viruses or
anything else which may damage any computer which accesses the Data Centre or
any data on such a computer.
20. Each of the Data Centre
Terms is individually severable. If any provision is or becomes unenforceable
it shall be severed and the remaining Terms will not be affected.
Limitation of Liability
21. To the maximum extent
permitted by law, Aon excludes all liability whatsoever for any special,
indirect or consequential loss and loss of business profits, however caused
(including negligence) arising out of or in connection with the use of the Data
Centre or Reports under these Terms.
22. Where the law implies a
warranty into these Terms which may not lawfully be excluded, Aon’s liability for
breach of such a warranty shall be limited to the supply of the services to you
again or payment of the cost of having the services supplied to you again.
Intellectual property
23. You acknowledge and agree
that Aon owns all right, title and interest in information and materials (in
whatever form or media) we provide to you or is provided to you on behalf of us
that we develop (or are involved in developing).
24. You own all right, title
and interest to information and materials you provide to us or are provided to
us on your behalf.
25. The materials displayed on
the Data Centre and Reports is protected by copyright, trade mark and other
intellectual property laws. Any such content may be displayed and printed
solely for your use and only provided that any copyright notice on such a
display or page is not removed.
26. You agree not to reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate any
information and materials (to which Aon own right, title and interest) to any
third party without the express prior written consent of Aon.
Data confidentiality guidelines
27. The purpose of our data
quality guidelines (“Guidelines”) is to prevent remuneration information being
attributable to any individual organisation.
28. Aon will ensure any
confidential, personal or sensitive information or materials you make available
to us is in an aggregated and anonymised form and not accessible to anyone that
is not authorised to view it. Aon will remove or de-identify data elements
containing any sensitive, personal or confidential information or materials and
will not use such data to re-identify individuals.
29. Aon may use confidential
information gained from a client in an anonymous way and for statistical
purposes, subject to compliance with relevant law.
30. To ensure the
confidentiality of all data, and in accordance with our Guidelines, Aon
requires a minimum number of observations in order for
statistics to be displayed.
31. Our Guidelines require at
least three organisations to report at least three observations for a variable in order for the mean to be displayed in a Report.
General
32. Aon takes appropriate steps
in collecting and disseminating salary and benefit information to avoid any
information exchange amongst competitors facilitating anti-competitive
behaviour.
33. These Terms are governed by
and construed in accordance with the state of New South Wales, Australia. In the event that a dispute arises from these Terms, you
agree to submit to the non-exclusive jurisdiction of the courts of New South
Wales, Australia.
Aon’s Privacy Policy
34. Aon may collect personal
information to offer, provide, manage and administer its services.
35. When we collect, use,
disclose or handle your organisation’s information, we will comply with all
applicable privacy laws in respect of any personal information contained in the
information provided by you to us.
36. A copy of the Aon Australia
Group privacy policy statement is located at Privacy.
37. Please contact your local
Aon office if you would wish to seek access to, or to correct, any personal
information.