Attendance Management System (AMS)

Terms of Use

  1. General provisions
    1. The below General Terms and Conditions apply to the Kaiaworks Ltd Attendance Management System (KWL AMS), all related services and any applications between KWL AMS, the owner and the user (the "Employees"). "Owner" means Kaiaworks Ltd as a company who solely owns the software and all the data on the database; "Employees" means all individuals who are employees of KWL, and are given access to the system and are authorized to use it.
    2. The users are individuals, they confirm that they are current employees of Kaiaworks Ltd and are given necessary access to use the software.
    3. If the users accept these Terms and Conditions on behalf of a legal person, they hereby guarantee towards KWL that they have the authority to bind that legal person and that such legal person is bound by these Terms and Conditions, the Privacy Policy and all other provisions governing the use of the Software.
    4. The below Terms and Conditions represent the basis of using the software and accessing the data.
    5. KWL reserves the right to regularly adjust the Terms and Conditions. By using the access data (log-on), USERS accept the Terms and Conditions as amended.
  2. Contents and Data
    1. All contents and company data on this application (company data, texts, graphics, pictures, etc.) are subject to copyright. Users are required to use the data within the intellectual property rights in or related to such contents. Misuse of the data and the system will be dealt with within the applicable laws of the country.
    2. The system and the database remains the property of Kaiaworks Ltd. Unauthorized modification, replication of any kind is prohibited
    3. The users (employees) undertake to treat as strictly confidential their accounts and their access data. If there is any reason to believe that users can no longer guarantee the security of their access, they shall immediately inform the system administrator. The administrator will immediately deactivate the access until the password or other access options were reset. This is of particular importance since employees may be held liable for all data entry and access from their accounts.
    4. The administrator reserve the rights to deactivate a user access at anytime.
    5. Uses (employees) are exclusively responsible for all the data entries or modifications.
    6. The users gurenttee that they are using the system according to the user manual and not intentionally enter data that are harmful to the company or the employees.
  3. Ownership rights
    1. Kaiaworks Ltd or its affiliates own the applicaiton, the data and the database.
    2. This applies to, including, without limitation, designs, interfaces, graphics, information, computer codes, source codes, products, software and brands/names used. All this is protected by international copyrights, commercial, patent and property rights and other applicable laws.
  4. General terms of use
    1. User (employees) will use the applicaiton only pursuant to the laws, in particular not in ways contrary to these T’s & C’s, and they will respect the rights of third parties, in particular data protection provisions and copyrights.
    2. The users on the system has differing access levels and are granted a different right to access, read, and, if permitted, download and read the data or other content. For security and copyright reasons, the applicaiton user is required to have verified access to use the system. Without successful authorization, accessing the system is not possible.
    3. Kaiaworks Ltd reserves the right to follow up any cases of suspected misuse or material contract violations, to take appropriate precautions and to deactivate users from accessing the system if there are reasonable suspicions. In the event of serious violations, Kaiaworks Ltd may terminate the contractual relationship for cause.
    4. Users shall compensate Kaiaworks Ltd for any damage which KWL incurs due to such violation of duties. Liability of users (employees) ar limited to cases within their control.
  5. Communication
    1. Employees contact details are stored on this database. Kaiaworks Ltd reserves the rights to use the contact details at anytime to communicate with the users
    2. KWL may use the users’ e-mail addresses for all types of communication, including deactivation notifications, requests, information on messages, user training and other provided by KWL.
    3. All requests to KWL system admin shall be sent by e-mail for tracking and recording purposes.
  6. Use of cookies
    1. Kaiaworks Ltd uses cookies – small files containing configuration information. They help determine user-specific settings and implement special user functions. KWL does not use such cookies to collect personal data. KWL distinguishes between "essential cookies" to ensure basic application functions, "functional cookies" to ensure the system performance and "target-oriented cookies" to improve the user experience.
  7. Data protection
    1. Kaiaworks Ltd stores confidential payroll and employee data on this system. All data and contents are protect by the applciable data protection policy. Misuse of these data is prohibited.
  8. Copyright information
    1. Kaiaworks Ltd DO NOT give any explicit rights to the users or anyone to modify or replicate the system and the data on the system.
    2. Users (employees) are responsible for all the data and contents which they enter. By consenting to these T’s & C’s, users confirm that KWL owns the data. Users are exclusively responsible for all datas and contents entered/edited via their user access and the consequences of entering them.
    3. Uses confirm that they are the authors of data and contents which they entered and/or that they dispose of all the rights required for data entry or modificaiotns. All copyrights remain with KWL.
    4. The users accept and respect the company’ copyrights.
  9. Illegal acts
    1. The users undertake to use this softwawre and the data on the database only in accordance with these T’s & C’s and, in particular, to refrain from the following actions:
      1. using KWL data and content for purposes other than those specified in these T’s & C’s;
      2. removing copyright labels or labels showing other rights;
      3. using the system and data in ways contrary to applicable laws;
      4. insulting, defaming or attacking other employees or misusing KWL employee and payroll data in other ways;
      5. modify, concealing or blocking company data and, in particular, removing or manipulating payroll data;
      6. renting, selling, licensing or commercially exploiting in other ways any data or system without the express consent of KWL or of any other authorised person;
      7. removing, hacking, bypassing, deactivating, causing damage to or otherwise interfering with security-related functions of KWL AMS and the database, related services, applications or data, with any functions preventing or restricting the use or the copying of data and contents which can be accessed via KWL AMS and with any functions restricting the use of KWL AMS or data entry or deliberately interfering with or causing damage to the operation of KWL AMS or the use by KWL AMS or by the users, including uploading or otherwise spreading viruses, worms, Trojans or other malicious code.
    2. Kaiaworks Ltd reserves the right to terminate access to the use of KWL AMS without prior notice if user failed to remedy a material breach within 24 hours from being requested to do so by e-mail. Furthermore, KWL reserves the right to claim damages.
  10. Fair-use policy
    1. The users do not use the KWL AMS for any purpose other than those provided by KWL. Users may use the system in appropriate ways only. If a user uses or exploits the system, KWL may apply relavent penalties and, if necessary, deactivate the user and terminate the employee contract. Inappropriate ways include the following, without being limited to this: data manipulation with ill intend.
    2. The users are not authorised to manipulate reference and configuration data. Should users manipulate them in any way, they may be penalized accordingly.
  11. Applicable Law
    1. The place of fulfilment and exclusive venue for all proceedings relating to the use of the KWL AMS and/or the existing contractual relationship is the court having subject-matter jurisdiction and located closest to the registered office of KWL. PNG law applies.

This document was last updated on November 28, 2023