Aon Hewitt Remuneration Reports – Terms and Conditions123

Introduction and acceptance of terms and conditions

1. The Aon Hewitt Remuneration Reports data centre (“Data Centre”) is an internet based facility owned and operated by Hewitt Associates Pty Ltd (ABN 50 068 620 771) (“Aon Hewitt”, “us”, “we”).

2. Your access to the Data Centre and use of Aon Hewitt’s Remuneration Reports (“Reports”) are governed by these terms and conditions (“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 Hewitt 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 Hewitt 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 Hewitt 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 Hewitt 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.

Disclaimers

13. Any information provided on the Data Centre and in the Reports is general in nature and should not be relied on as advice because your personal needs, objectives and financial situation have not been considered.

14. The Reports are designed to provide a summary of pay rates at the time of publication.

15. The Reports do not purport to be conclusive and are intended to be used as a general guide only.

16. The Reports have been produced using data that, to the best of Aon Hewitt’s knowledge, was current and correct at the time of publication.

17. Whilst considerable lengths have been taken to verify all data received from a Registered User, Aon Hewitt gives no guarantee as to the accuracy or validity of the information contained in the Reports, nor its applicability to any specific circumstances.

18. Aon Hewitt 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.

Limitation of Liability

19. To the maximum extent permitted by law, Aon Hewitt excludes all liability whatsoever for any loss or damage of any kind (including 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.

20. Where the law implies a warranty into these Terms which may not lawfully be excluded, Aon Hewitt’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

21. You acknowledge and agree that Aon Hewitt 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).

22. You own all right, title and interest to information and materials you provide to us or are provided to us on your behalf.

23. 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.

24. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any information and materials (to which Aon Hewitt own right, title and interest) to any third party without the express prior written consent of Aon Hewitt.

Data confidentiality guidelines

25. The purpose of our data quality guidelines (“Guidelines”) is to prevent remuneration information being attributable to any individual organisation.

26. The Guidelines ensure any confidential, personal or sensitive information or materials you make available to us is not accessible to anyone that is not authorised to view it. We do this by removing or de-identifying data elements containing any sensitive, personal or confidential information or materials.

27. To ensure the confidentiality of all data, and in accordance with our Guidelines, Aon Hewitt requires a minimum number of observations in order for statistics to be displayed.

28. 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

29. Aon Hewitt provides Reports to clients for the purpose of enabling them to make independent and informed decisions concerning the salaries and benefits applicable to their employees. This exchange of information may be perceived as facilitating anti-competitive behaviour.

30. Aon Hewitt takes appropriate steps in collecting and disseminating salary and benefit information to avoid any information exchange amongst competitors facilitating anti-competitive behaviour.

31. 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 Hewitt’s Privacy Policy

32. Aon Hewitt may collect personal information to offer, provide, manage and administer its services.

33. 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.

34. A copy of the Aon Australia Group privacy policy statement is located at Privacy.

35. Please contact your local Aon office if you would wish to seek access to, or to correct, any personal information.