workflow solutions
Mr. Timbo. is an app designed especially for the Civil Construction Industry.
about
Designed and developed by those working in the industry, Mr. Timbo. streamlines work processes for managers and operators alike.
Designed with those on the tools in mind, the app enables real-time tracking, job logging, safety management systems and time sheet processes to be at the finger-tips of those who need it most.
From to do
to done.
make
contact
Contact
+61 419 850 963
Address
17 Adelaide Road
Millicent
South Australia
5280
mr.timbo@outlook.com.au
Mr Timbo Application Authorised User Terms
Background
1. Mr Timbo is the owner and provider of the Mr Timbo
Application and Services in which the Authorised User
requires access to pursuant to the Head Agreement.
2. Mr Timbo agrees to provide the Authorised User with
real-time access to the Mr Timbo Application and
Services on these terms.
3. To use the Mr Timbo Application and Services, an
Authorised User must complete the registration
process. In doing so, the Authoriser User agrees to
these terms.
Definitions
4. The definitions in these terms have the following
meaning:
4.1 Authorised User means the person nominated
by the Customer as an authorised user of the Mr
Timbo Application and Services pursuant to the
Head Agreement, and registered with Mr Timbo
in accordance with the procedures set out in the
Head Agreement.
4.2 Authorised User Data means data owned or
supplied by the Authorised User or which may
otherwise be generated, compiled, arranged or
developed on the System by either party
pursuant to these terms.
4.3 Confidential Information means information
that is by its nature confidential but does not
include:
4.3.1 information already known to the
receiving party at the time of
disclosure by the other party; or
4.3.2 information in the public domain other
than as a result of disclosure by a
party in breach of its obligations of
confidentiality under these terms.
4.4 Customer means the business or entity that has
entered into the Head Agreement with Mr Timbo.
4.5 Head Agreement means the agreement entered
into between Mr Timbo and the Customer for the
use of the Mr Timbo Application and Services.
4.6 Intellectual Property Rights means all present
and future rights conferred by statute, common
law or equity in or in relation to any copyright,
trademarks, designs, patents, circuit layouts,
business and domain names, inventions, AI and
other results of intellectual activity in the
industrial, commercial, scientific, literary or
artistic fields.
4.7 Moral Right means:
4.7.1 a right of attribution of authorship;
4.7.2 a right not to have authorship falsely
attributed;
4.7.3 a right of integrity of authorship; or
4.7.4 a right of a similar nature,
4.7.5 which is conferred by statute, and
which exists or comes to exist
anywhere in the world, in a
deliverable.
4.8 Mr Timbo Application means the software,
which is to be made available by Mr Timbo to the
Authorised User pursuant to the Head
Agreement.
4.9 Personal Information means “Personal
Information” as defined under the Privacy Act
1988 (Cth);
4.10 Services means the services to be delivered by
the Mr Timbo Application in accordance with the
Head Agreement.
4.11 System means Mr Timbo’s technical
infrastructure upon which the Mr Timbo
Application is installed and operated by the
Authorised User.
Authorised Users and Access
5. The Customer will register an Authorised User with Mr
Timbo under the Head Agreement.
6. An Authorised User will be provided with log in details
from Mr Timbo or the Customer to set up their account
within the Mr Timbo Application and to use the Services
finalise their registration for the Mr Timbo Application
and Services.
7. Mr Timbo will provide the Authorised User with the
relevant permissions to access information contained in
the Mr Timbo Application and Services, as determined
and directed by the Customer.
8. Mr Timbo will take all reasonable steps to facilitate
access by the Authorised User to the Mr Timbo
Application and Services at all times, but is not liable if
access is interrupted by:
8.1 necessary maintenance, testing and updates as
determined by Mr Timbo or its third party
providers; or
8.2 as a result of circumstances outside Mr Timbo’s
control.
9. Mr Timbo will provide the Authorised User with training
in the use of and in accessing the System generally in
accordance with the Head Agreement.
10. Mr Timbo reserves the right to monitor an Authorised
User’s use of the Mr Timbo Application for the purposes
of making sure that the Mr Timbo Application is
functioning as intended and the Authorised User is in
compliance with these terms.
Authorised User Obligations
11. The Authorised User agrees that:
11.1 their registration details are true, accurate and
complete at all times during the term of the Head
Agreement;
11.2 they will not transfer or share their registration
and log in details with another user;
11.3 they are solely responsible for maintaining the
security of their account and any use of the Mr
Timbo Application that occurs in conjunction with
their username and password;
11.4 they must keep their password secure and not
let any other person use their username or
password. If unauthorised access or use of their
password occurs or there is any breach of
security, the Authorised User must notify Mr
Timbo immediately;
11.5 they must maintain the latest software update of
the Mr Timbo Application; and
Mr Timbo Application Authorised User Terms
11.6 they must comply with any policy that is
published by Mr Timbo on the Mr Timbo
Application, including without limitation, Mr
Timbo’s acceptable use policy.
12. The Authorised User agrees not to do the following:
12.1 gain or attempt to gain unauthorised access to
computer systems or content through the Mr
Timbo Application;
12.2 use false registration details, impersonate
another person or misrepresent their affiliation
with the Customer;
12.3 interrupt or adversely impact or alter the
operation of the Mr Timbo Application and
Services;
12.4 modify, reproduce, copy, reverse engineer,
licence, transfer, sell any information, content,
software or material available through the Mr
Timbo Application.
Intellectual Property Rights
15. Mr Timbo retains ownership of the Mr Timbo Application
whether in its original form or as modified by the
Authorised User during the term of the Head
Agreement.
16. All Intellectual Property Rights in the Mr Timbo
Application are retained by Mr Timbo.
17. Nothing in these terms affects the ownership of any
Moral Rights in the Mr Timbo Application.
18. Mr Timbo acknowledges that all Intellectual Property
Rights in the Authorised User Data remain with or vest
in the Authorised User.
19. Mr Timbo warrants that the Authorised User’s use of or
access to the Mr Timbo Application does not infringe
the Intellectual Property Rights of any third party.
20. The Authorised User warrants that the Authorised User
Data does not infringe the Intellectual Property Rights of
any third party.
21. The Authorised User indemnifies Mr Timbo for any
claim made or threatened against Mr Timbo by a third
party alleging that Mr Timbo has infringed the third
party’s Intellectual Property Rights in any Authorised
User Data.
22. Mr Timbo will indemnify and hold harmless the
Authorised User against any claim made against the
Authorised User by a third party alleging that the Mr
Timbo Application (or the Authorised User’s use of or
access to the Mr Timbo Application) infringes the
copyright of that third party, unless:
22.1 Mr Timbo’s ability to defend the claim has been
prejudiced by the Authorised User’s noncompliance with any of its obligations under
these terms; or
22.2 the claim has arisen because of the use of the
Mr Timbo Application in combination with
equipment, materials or computer programs not
supplied or approved by Mr Timbo
Accuracy, Hyperlinks & Backup
23. Mr Timbo does not warrant that the Mr Timbo
Application is free of inaccuracies, defects or errors.
However, Mr Timbo does warrant that the Mr Timbo
Application is substantially free of any known errors,
inaccuracies or defects.
24. The Mr Timbo Application may contain hyperlinks to
third party websites, which are provided for
convenience only. Mr Timbo takes no responsibility for
the materials on those websites and those websites will
be subject to their own terms and privacy policies.
25. Mr Timbo will make backup copies of the Authorised
User Data every 3 hours. Mr Timbo will retain such
backup copies for a minimum period of 7 days.
Charges
26. The Authorised User will not incur charges in
downloading and using the Mr Timbo Application and
Services in accordance with these Terms. All charges
are the responsibility of the Customer under the Head
Agreement.
27. The Authorised User is responsible for all data usage
on their device in accessing the Mr Timbo Application
on their System
Support
13. Mr Timbo will, to the extent required by the Head
Agreement:
13.1 provide such support to the Authorised User as
is necessary to ensure the Mr Timbo Application
performs in accordance with the Head
Agreement;
13.2 consult as necessary with the Authorised User in
order to provide the Authorised User with such
information relevant to the Mr Timbo Application
and Services as the Authorised User reasonably
requires concerning the performance of the Mr
Timbo Application; and
13.3 implement such recommendations as may
reasonably be required to ensure the Services
continue to comply with the requirements of
these terms.
14. if an Authorised User requires assistance with the Mr
Timbo Application and Service or would like to provide
feedback to Mr Timbo, the Authorised User can email
stratumsystems@outlook.com or use the support
features available in the Mr Timbo Application.
Liability
28. Mr Timbo is not responsible for, and the Authorised
User releases. Mr Timbo from liability arising out of or in
connection with, the use of the Mr Timbo Application
and Services, that is not the fault of Mr Timbo, including
by:
28.1 an Authorised Users misuse, abuse or improper
application of the Mr Timbo Application and
Services; or
28.2 An Authorised User’s breach of these terms
29. Except in relation to liability for personal injury (including
sickness and death), property damage or an
infringement of confidentiality or Intellectual Property
Rights, and subject to any non-excludable statutory
liability, the liability of Mr Timbo for damages in respect
of any act or omission of Mr Timbo in connection with its
obligations under these terms will not exceed the
amount (if any) specified in the Head Agreement.
Mr Timbo Application Authorised User Terms
Termination
30. The Authorised User will be able to use the Mr Timbo
Application and Services until its registration is
terminated by either the Customer or Mr Timbo because
one of the following events occur:
30.1 the Head Agreement comes to an end;
30.2 the Authorised User breaches these terms;
30.3 an insolvency event occurs in respect of the
Customer or the Authorised User; or
30.4 the Customer ends the Authorised User’s
access.
31. The Authorised User can terminate their registration
with the Mr Timbo Application by closing its account.
Confidentiality
32. Mr Timbo and an Authorised User will not, without the
prior written approval of the other party, disclose the
other party’s Confidential Information, unless it is legally
compelled to disclose the other party’s
Confidential Information.
33. Each party will take all reasonable steps to ensure that
its employees and agents, and any sub-contractors
engaged for the purposes of these terms, do not make
public or disclose the other party’s Confidential
Information.
34. Noting in clauses 32 and 33 above, prevents Mr Timbo
from disclosing the Authorised User’s Confidential
Information to the Customer, and the Authorised User
expressly agrees that Mr Timbo may do so at any time
and without prior notice to the Authorised User.
35. This clause will survive the termination of these terms.
Privacy
36. As an Authorised User, the Customer or you may
provide us with Personal Information about yourself.
37. Mr Timbo will not use or disclose any Personal
Information for a purpose other than discharging its
obligations under these terms and the Head Agreement.
38. Mr Timbo’s Privacy Policy can be found at
www.mrtimbo.com.au and explains how Mr Timbo may
collect, use and disclose your Personal Information in
accordance with the Australian Privacy Principles.
Changes
39. Mr Timbo may change these terms from time to time, if
changes occur, Mr Timbo will take reasonable steps to
notify the Authorised User of the changes in advance.
40. The continued use of the Mr Timbo Application and
Services will be deemed as the Authorised Users
agreement to the changes.
Law
41. These terms will be governed by and construed in
accordance with the laws for the time being in force in
South Australia and the parties agree to submit to the
jurisdiction of the courts and tribunals of that South
Australia.
MR TIMBO PRIVACY POLICY
WHO WE ARE
This privacy policy applies to all Personal Information collected by Stratum Systems Pty Ltd
(A.C.N. 646 645 114) (we, us or our) when supplying the Mr Timbo software and services via or in
connection with its website, application and or platform (Mr Timbo Software).
PRIVACY POLICY STATEMENT
We are committed to protecting your privacy and Personal Information. This privacy policy explains
what Personal Information is collected, retained, used and disclosed by us and how we manage that
Personal Information. The kind of Personal Information that we collect from you will depend on how
you use the Mr Timbo Software. We value your privacy and compliance with the Australian Privacy
Principles and the Privacy Act 1988 (Cth) (Privacy Act).
This privacy policy relates to the collection and use of Personal Information that you may provide to
us through the purchase and use of the Mr Timbo Software as well as use of our website, social
media accounts, attending our office or any other engagement that you have with us.
WHAT IS PERSONAL INFORMATION?
The Privacy Act defines “Personal Information” as meaning information or an opinion about an
identified individual, or an individual who is reasonably identifiable:
• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, in most
cases it will not be classified as “Personal Information” and will not be subject to this privacy policy.
“Personal Information” can be confidential, sensitive and or public.
“Sensitive Information” is defined in the Privacy Act as including information or opinion about such
things as an individual's racial or ethnic origin, political opinions, membership of a political association,
religious or philosophical beliefs, membership of a trade union or other professional body, criminal
record or health information.
WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT THAT
INFORMATION?
We may collect Personal Information from you directly by a variety of means including:
• whenever you input personal information into our website, application and platform, as well as
details that you provide us when retaining our services or making purchase with us. This
includes details such as your name, phone number, email address, address, billing address. It
also includes the date of birth, address and occupation of any guarantors who guarantee your
payment obligations to us;
• personal details of registered users, including email address, gender, user ID, location
information, role, qualifications, billing rate, contact information, pay information, hours
worked, medical incidents or conditions arising from or conned with work;
• information you provide to us by way of enquiry, feedback, reviews and complaints;
• support information related to a request for assistance;
• information you provide to us when making a credit application or providing a guarantee to us;
• payment information of when purchasing Mr Timbo Services, including credit/debit card
details, banking details, and billing information so that we can process your purchase.
We may also collect Personal Information from you indirectly by the following means:
• information collected from you when you interact with our website, application, platform and
mobile application and social media;
• cookies from your computer which enable us to tell when you use the website, application and
platform. As a general rule, however, it is not possible to identify you personally from our use
of cookies;
• information collected from your device when you access, download or use, our website or our
social media accounts, including your IP address, location, web browser settings and type and
user profile, time zone; and
• if someone identifies you as a registered user on your behalf, your Personal Information may
become available to us by that third party.
Our website, application and platform may contain links to third party internet sites or resources for
your convenience and information. Each of these third party internet sites may collect Personal
Information from you in accordance with their own privacy policies. We take no responsibility for third
party internet sites practices or policies and are not liable for any loss or damage suffered from the
use of these sites. You should refer to their own Privacy Policies.
WHY DO WE COLLECT PERSONAL INFORMATION?
We collect Personal Information for a variety of reasons. The primary purpose we collect and use your
Personal Information is to provide you with the best product and service experience that we can, as
well as improve Mr Timbo Software we offer.
We may also collect your Personal Information for the following purposes:
• to optimise the Mr Timbo Software that we provide to you and the means we provide it by,
including to provide, operate, maintain and improve the Mr Timbo Software;
• send technical notices, updates, security alerts and support and administrative messages;
• to communicate, market and promote the Mr Timbo Software to you, including features,
promotions surveys, newsletters, education, events and special offers, catalogues and
provide other news or information about us;
• personalise and otherwise customise your experience;
• monitor and analysis trends, usage and activities in connection with the Mr Timbo Software
and for marketing and advertising purposes;
• to conduct credit checks if necessary;
• to enable us to address your expectations and any questions or comments that you may have
of us in respect of how we conduct our business and to provide you with customer service
and support;
• to screen for potential risk and fraud, as well as investigate and prevent unauthorised
transactions and access to the Mr Timbo Software and other unlawful conduct;
• to comply with our legal, recording, compliance and regulatory obligations; and
• to defend or enforce our legal rights in legal proceedings.
We will refer to all of the above purposes as Permitted Purposes.
By using our websites, being a registered user, making enquires with us and purchasing the Mr Timbo
Software, you also consent to the receipt of direct marketing material. We will only use your Personal
Information for this purpose if we have collected such information direct from you, and if the direct
marketing material is of a type in which you would reasonably expect to receive from us. We do not
use sensitive Personal Information in direct marketing activities. Our direct marketing material also
includes a simple means by which you can request not to receive further communications by an
unsubscribing feature or by contacting us
WHO DO WE GIVE YOUR PERSONAL INFORMATION TO?
We will only use the Personal Information that you provide to us for the Permitted Purposes.
We will only disclose Personal Information about you when it is necessary and appropriate for the
Permitted Purposes.
We may disclose your Personal Information in the following circumstances:
• to third party contractors, customers, suppliers, dealers and service providers who help us to
operate our business and provide the Mr Timbo Software to you or registered users; and
• with regulators, government bodies, credit agency, fraud or crime prevention providers and
where it is reasonably necessary for a legal purpose or dispute resolution process or as
required by law.
We will not give your Personal Information to any other third parties without your prior consent, except
for when it is reasonably necessary for a legal purpose or dispute resolution process or required by
law, or to protect our rights, safety or property.
We do not sell your Personal Information to others.
OVERSEAS TRANSFERS
Your Personal Information will not be disclosed to recipients outside Australia unless you expressly
request us to do so. If you request us to transfer your Personal Information to an overseas recipient,
the overseas recipient will not be required to comply with the Australian Privacy Principles, and we will
not be liable for any mishandling of your information in such circumstances.
HOW DO WE HOLD YOUR PERSONAL INFORMATION AND KEEP IT SECURE?
We keep your Personal Information stored in both electronic form (using our IT systems or the IT
systems of third party providers required to provide you with the Mr Timbo Software), as well as in
paper form (when it is provided to us or prepared by us in hard copy).
We take reasonable and appropriate steps to protect and safeguard your Personal Information. The
electronic and procedural safeguards we have in place to manage security risks associated with your
Personal Information include the use of password protection.
We will also only allow those who have authorised access to your Personal Information.
Unfortunately, no data transmission can be totally secure, and we cannot guarantee that unauthorised
access to your Personal Information will not occur. Any Personal Information you provide us will be
provided at your own risk and subject to the mandatory operation of law, we are not liable for events
arising from any unauthorised access to your Personal Information. However, if you become aware of
a security breach involving your Personal Information please contact us.
CAN YOU GAIN ACCESS TO YOUR PERSONAL INFORMATION AND CORRECT IT?
You have the right to request access to any Personal Information that we hold about you. You also
have the right to request the correction to any of the Personal Information that we hold about you.
If you would like details of the Personal Information that we hold about you in order to update it,
correct it or for any other reason please forward a written request to our Privacy Officer whose contact
details are set out below.
Privacy Officer Mr Timbo
E: stratumsystems@outlook.com
We may ask you to complete a Personal Information request. Once a request has been made, the
Privacy Officer will aim to contact you within 5 business days.
We will require you to satisfy identity validation procedures to prove that you and the individual
requesting the Personal Information.
The process for access and correction of your Personal Information may also be available to you
under the Freedom of Information Act 1991 (SA).
HOW CAN YOU CONTACT US WITH ANY QUESTIONS OR MAKE A COMPLAINT?
If you have any questions, comments or concerns about our Privacy Policy and how we deal with your
Personal Information or would like to make a complaint, please contact our Privacy Officer.
The Privacy Officer will treat any request or complaint respectfully and confidentially. Once a request
or complaint has been made our Privacy Officer will contact you within 5 business days. We are
committed to working with you to resolve any concerns or complaints in an effective and timely
manner.
If you are not satisfied with the outcome or the way in which we have handled your request or
complaint, you may be able to make a complaint to the Office of Australian Information Commissioner
(OAIC) who is an impartial third party. OAIC’s details and information on about making a complaint
can be found at the website below.
https://www.oaic.gov.au/privacy/privacy-complaints
CHANGES TO OUR PRIVACY POLICY
We do not expect to make changes to this privacy policy regularly, however we reserve the right to do
so at any time to reflect changes in the way we collect and manage your Personal Information and to
accommodate for any changes required at law. Changes to our privacy policy will take effect when
they are published on our websites.
This privacy policy was last updated in February 2024.
21128 | 20630