NSS User Agreement
The IML National Salary Survey (“NSS”) is published and owned by IML Research Pty Ltd (ABN 20 000 049 669), a member of the Institute of Managers and Leaders group companies (“IML”, ”our”, “us”, “we”). Your one-off purchase or annual subscription to NSS and access to its published materials through IML’s website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document (known as the “User Agreement”).
Your acceptance of these terms and conditions and continued use of the NSS website constitutes an affirmative acknowledgement and agreement by you that you are prepared to willingly abide and be bound by the conditions set out below.
1. IML acknowledgements
IML agrees that:
a. it has taken all reasonable steps to prepare the NSS to ensure its accuracy, and to provide all information and commentary, subject to the terms and conditions set out in this User Agreement;
b. all your personal and billing information that is identifiable to you will be kept confidential. We will not disclose that information to anyone else without your consent unless required to do so by law; and
c. the NSS you order through our website will be delivered electronically to you on the earlier of when you download it or when you click to have us send it to you by email to the email address you have nominated.
d. it will deliver a hard copy of the NSS that you ordered through our website by post to the postal address you have nominated.
2. Prices, charges and payment
You may elect to pay us online by credit card or on invoice forwarded to your organisation.
If you wish to pay on invoice (instead of by credit card), then the following rules apply:
a. At the time you order, we electronically provide you with a tax invoice for our fees. We will email the tax invoice to you at the email address you provide. You must pay all IML’s fees within 14 days after you order (unless we agree otherwise in writing).
b. If you do not pay on time, then we may, at our absolute discretion, and without giving you notice, do any one or more of the following:
i. end the arrangement by which you pay on invoice (so that you must pay by credit card);
ii. use amounts you pay us to pay-off any amount you owe to us at our choice;
iii. set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
iv. charge default interest, at the rate of the then current NAB unsecured overdraft rate, on any amount you owe us.
All amounts are in Australian dollars (AUD$).
We may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that we are not liable in respect of:
a. any error, omission or loss of confidentiality arising from an electronic communication;
b. any unauthorised copying, recording or interference with a document;
c. any delay or non delivery of a document; or
d. any damage caused to your system or files by such electronic transmission (including by any computer virus).
We will deliver the hard copy NSS to the address supplied by you through our website ordering system or at an alternate address that we agree in writing.
You agree that delivery will be complete when the hard copy NSS is dispatched to your nominated address. Delivery by us to a carrier will be deemed to be delivery to you.
4. Risk and Title
The risk in the NSS that you order from us will pass to you on Delivery irrespective of when payment is completed.
You agree that all products remain our property until you have paid for them in full. Until then, you acknowledge that we remain the equitable and legal owner and that you are in possession of the NSS only as bailee until you have completed payment.
You are liable to pay in full the price of any NSS delivered to you. If you fail to pay for the NSS by the due date, we will be entitled, on reasonable notice, to enter onto your premises to retake possession of the hard copy NSS and you grant to IML an irrevocable licence to enter your premises to retrieve the hard copy NSS.
The purchase of the NSS in PDF format does not constitute the assignment of any intellectual property rights in that publication to you. You are provided with a revocable, non-transferable, non-exclusive limited licence to download and access the relevant work in PDF format for private individual use only, provided that, there are no monies owing by you to IML. If you wish to re-distribute within your organisation, you must obtain an express licence from us to do so.
5. Refunds, returns, exchanges policy
We do not give refunds if you simply change your mind or make a wrong decision. Details of the contents of the NSS (including positions covered in the NSS and the type of analysis provided) can be accessed from our website.
6. Subscription Terms and Conditions
If you elected to subscribe to the NSS we will:
a. supply the NSS to you for an initial subscription period commencing on the date of subscription for a period ending 31 March after the year in which you subscribe (“Initial Period”); and
b. continue to supply the NSS to you after the Initial Period has expired until you cancel the order for the NSS in accordance this clause.
We can immediately cancel your subscription to the NSS at any time by giving you written notice if, for example, there are changes in law or circumstance relating to the ongoing availability of the NSS.
As a subscriber to the NSS, you authorise IML to invoice you each year, without requiring you to place an order for the NSS.
In order to receive the member/contributor discounts, we require you to take responsibility to maintain your member/contributor status.
The subscription fee is adjusted in January each year to reflect, amongst other factors, increases in the cost of producing and delivering the survey, increased position coverage and CPI adjustments.
Notification of any intention to cancel your subscription must be received in advance, on or before 15 January of the year immediately following the current subscription.
You agree that you are responsible for notifying IML if you wish to cancel your subscription. If you do not notify IML of your intent to cancel your subscription within the relevant time frame specified above you continue to be liable to pay your subscription fee when it is due.
7. Being a Contributor
In order to receive the Contributor rate of the NSS, it is your responsibility to complete your contribution to the NSS each year.
If you pre-purchase the NSS as a Contributor, you will need to complete your contribution by the first week of March (for exact dates please call/email). If you purchase the NSS after the pre-purchase period, you will need to complete your contribution within 6 weeks of purchasing the survey.
If you do not complete your contribution within the correct time frames, you will be invoiced for the difference between the Contributor and Non-Contributor rates.
As a Contributor to the Large Company data for the NSS, you must provide a minimum of 25 salary positions in the Salary Section and complete all sections (the Wages and Directors sections are optional).
As a Contributor to the Small Company data for the NSS, you must provide a minimum of 10 salary positions in the Salary Section and complete all sections (the Wages and Directors sections are optional).
8. Limits on your use of the NSS
In relation to your use of the NSS, you agree that:
a. the material published in NSS is copyright protected;
b.you may use this material for your own personal reference only;
c. except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act)
d. you must not use any part of the NSS for any purpose except the specific purpose for which it was ordered;
e. you must not copy any part of the document for any purpose except in relation to the transaction for which it was ordered;
f. you must not represent that the material ordered was created by your own resources, or those of a third party;
g. you may not use any part of the published material of NSS to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution,
without the prior written consent of IML.
9. General information only – non-advisory
You agree that:
a. we cannot, and do not, give you legal, commercial or other professional advice;
b. IML is not a professional services firm;
c. we cannot and do not warrant that the NSS you order is appropriate for or suits your needs;
d. only you know the purpose for which you intend to apply the information contained in the NSS and we are not responsible for the choice you make regarding the NSS that you order;
e. you must consult with a commercial or other appropriately qualified professional adviser for advice concerning the suitability of the NSS (and its contents);
f. the NSS and its contents are general only and prepared using information obtained from third parties and IML disclaims responsibility for the accuracy, completeness and currency;
g. IML is not aware of any reason to doubt the accuracy, completeness or currency of the information provided by third parties for the purposes of the NSS, however, IML is not a professional adviser and does not validate that information. IML’s only responsibility is to engage a person with the relevant expertise, to collate, analyse and present the relevant information which it does on the basis that you will seek appropriate advice in making use of that document for your particular circumstances.
The NSS logo and masthead are copyright and the IML logo is trade marked. Other logos or trade mark images may be published in NSS material from time to time. These may belong to third parties. Nothing displayed on NSS should be construed as granting any licence or right of use of any logo, masthead or trade mark displayed on the NSS website or emails, without the express written permission of the relevant owner.
11. Your conduct
As a condition of your one-off purchase or subscription to NSS, you warrant to IML that you will not use NSS for any purpose that is unlawful or prohibited by these terms and conditions
IML has no obligation to monitor any user’s use of the NSS website, however, IML retains the right, at all times, to monitor, retain and disclose any information at its discretion or, where necessary, to satisfy any applicable law, regulation, legal process or governmental request.
You indemnify, and forever hold harmless, IML, its related bodies corporate, its employees and its directors if you suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of NSS published material or information supplied by IML.
12. Our website
You agree that:
a. each time you order the NSS from us or your order is renewed automatically for subscribers, you agree to the then current version of this User Agreement;
b. we do not warrant the accuracy or appropriateness of the contents of our website; and
c. the information and commentary on our website is general only.
13. Third party links and advertising
Hyperlinks and pointers to websites operated by third parties may appear from time to time on NSS’s website or emails. IML does not accept any responsibility or liability for the contents of any such hyperlink or linked website. If you link to any such website, you agree to do so entirely at your own risk.
NSS material may from time to time display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by IML of the relevant advertiser, its products or services or any such linked website.
If you contact a third party using a hyperlink from NSS material, IML does not accept any responsibility or liability for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
14. Limitation of liability
If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of the NSS ordered by you which cannot be excluded, restricted or modified (“Non-excludable Rights”), we do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
a. the NSS ordered by you is provided without warranties of any kind, either express or implied;
b. we do not warrant that the NSS will be complete or free from all errors;
c. we do not warrant that information will continue to be available to us to enable us to keep the NSS up-to-date; and
d. all representations are expressly excluded and you have not relied on any representations in ordering the NSS from us.
To the fullest extent permitted by law, IML’s liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited at the option of IML to supply of the NSS order by you again.
Under no circumstances (including but not limited to any act or omission on the part of IML) will IML or its related bodies corporate or its directors be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access NSS published material or any material supplied by IML.
In this User Agreement references to “Personal Information” and “the Privacy Act” have the meaning given to those terms in the Privacy Act 1988 (Cth).
You acknowledge that Personal Information collected, used and disclosed by us may be used for a variety of purposes including:
a. to supply the NSS;
b. to monitor use of our NSS
for the purposes of further development and to ensure they meet your needs and interests;
c. to administer your account and to enforce this contract; and
d. for marketing purposes which may include disclosure of your information to other members of the IML group of companies.
If you do not want us to use Personal Information disclosed by you to us for marketing purposes, please advise us in writing.
You expressly acknowledge and consent to:
a. us transferring and disclosing Personal Information provided by you to us to our third party service providers located outside of Australia (including, but not limited to, the United States) to the extent required in providing access to, maintaining and servicing our NSS as part of our information technology arrangements; and
b. such third party service providers storing and processing such Personal Information provided by you on servers outside of Australia (including, but not limited to, servers located in the United States).
If you provide us with Personal Information about another individual, you will ensure that that individual is aware:
a. that you have supplied their Personal Information to us and the reason; and
b. of the details in this clause which apply to information we collect about them.
You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of this User Agreement on your behalf or at your request, such disclosure by the third party complies with the Privacy Act.
If you fail to provide any information requested by us, we may be unable to supply the NSS that you order or request.
In this User Agreement references to “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the term ”GST” also includes any penalties or additional taxes imposed in relation to the GST payable in relation to the supply of services under this User Agreement.
Any amount payable by you is exclusive of GST.
If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the products or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
In relation to any GST paid by a party under this User Agreement, including any adjustment, the payee will provide the payer with a tax invoice.
17. Termination for Breach
Without prejudice to any other right at law, either party may terminate this User Agreement by giving written notice, if the other party has failed to remedy a material breach of any term of this User Agreement within 21 days of being given written notice of the breach (the notice to include details of the relevant breach). Where you have breached a material term we may elect, in the alternative, to cease supply of the NSS to you until we are reasonably satisfied that you have remedied the breach.
18. Applicable law
These conditions and all other specific and additional terms which govern your use or membership of and access to NSS’s material will be governed by and construed in accordance with the laws of the state of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of the State of Queensland, in the District of Brisbane.