This agreement is between Infocert Pty Ltd ABN 73 642 504 238 (Infocert) and the User of this Service. Use of this Service indicates acceptance of these Terms and Conditions by the user who is provided with online access subject to these Terms and Conditions.
Agreement means these Terms and Conditions and includes the Schedule of Fees and the Schedule of Services
Authority means any statutory or government authority that provides the documents, data or information to Infocert for the purpose of Infocert to provide the Services
Confidential Information in relation to a party means any information disclosed by the Disclosing Party to the Receiving Party under this agreement that;
But does not include information that is;
Fees means the fees set out in the Schedule of Fees for products and services accessible and set out in the Infocert website and updated from time to time
GST means tax imposed under GST law
GST Law has the meaning given in section 195-1 of A New Tax System (Goods and Services) Act 1999 (Cth).
Laws means (whether in Australia or any other relevant jurisdiction) all laws, codes, guidelines and the like, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory and mandatory codes of conduct, writes, orders. Injunctions, judgements and industry wide non-statutory rules in force or as applicable from time to time
Service means the Infocert online system, Infocert website, Infocert products, other manual services and Infocert support, unless otherwise specified
The User will be bound by the terms and conditions set out in the Agreement from the date that the User first accesses or uses the Services
This Agreement will apply to all visitors, users, members, contributors and others who access the Services. Where such a person accesses the Services on behalf of an entity or organisation, the entity or organisation will also be bound by this Agreement
Users will have access to the current Terms and Conditions at any time through the Infocert website
Infocert may from time to time vary the conditions of this Agreement, by giving notice by the way of email or through the website, of such variation to the Agreement.
In accessing the Services, it will be taken that the user accepts the most up to date Conditions
Infocert provides services on a non-exclusive basis and nothing in this agreement prevents Infocert from providing services now or in the future that are the same or similar to itself or any third party
Infocert will perform the Services provided with professionalism, skill, diligence and due care, whilst abiding in accordance with applicable laws at all times
Where appropriate, Infocert will engage the services of suitably qualified third-party contractors for the provision of certain services
The user will;
The User will not;
The User warrants that all information that the user provides to Infocert may be used by Infocert and its associated entities in providing the Services without breaching or infringing;
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Infocert must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Infocert at the prices in effect when such charges are incurred
All account charges are payable net thirty days from the date of a tax invoice, or as otherwise specified by Infocert at its discretion
Infocert reserves the right to retain service fees where a search result is cancelled, or the search result is NIL. Each refund is assessed individually, and the outcome will be based on its own merits, with the requirement of the relevant Authority to refund applicable charges
If the User defaults in paying any amounts due and payable in accordance with paragraph (a), Infocert reserves the right at its sole discretion, without limiting Infocert’s rights and remedies under this agreement;
To suspend access to the service until such amounts are received in full; and
If payment is not made within 14 days of the due date specified in the tax invoice, to cease providing you with access to the Service and terminate this agreement with immediate effect
If any amounts are due and payable but not received by Infocert within thirty days from the date on which the amount falls due, then at Infocert’s sole discretion we may;
In addition to Clause 6 and above, if;
Subject to Clause 8 in relation to GST only, Infocert fees do not have any taxes, duties or charges imposed or levied in Australia or overseas in connection with this Agreement and its performance
Infocert have a legal obligation to pay or collect any Taxes on the Users’ behalf or arising under paragraph (a), the User agrees that Infocert can invoice such amounts to the User, unless the User provides Infocert with an authorised tax exemption certificate from the appropriate taxing authority
Any consideration or amount payable under this Agreement (including any non-monetary consideration) is exclusive of GST
If GST is or becomes payable on a supply made under or in connection with this agreement, and additional amount is payable to the party providing consideration for the supply equal to the amount of GST payable on the Supply as calculated by the party making the supply in accordance with the GST Law
The additional amount payable under paragraph (8) is payable at the same time and in the same manner as the consideration for the Supply
If for any reason the amount of GST payable of a supply varies from the additional amount payable by the Recipient under paragraph (b):
Both parties warrant that they have the capacity, power or authority to enter in and perform his agreement and have obtained all necessary approvals, consents and authorisations to enable it to do so
To the maximum extent permitted by applicable law, Infocert provide the services to the user on an ‘as is’ basis and Infocert does not make or give any express or implied representations, conditions or warranties in relation to the services, including Infocert do not warrant that the services will operate uninterrupted and be free from defects or viruses and meet the users’ requirement
Without limiting paragraph (b), the user acknowledges that;
The users sole and exclusive remedy for Infocert’s breach of any statutory implied warranties, conditions or guarantees which cannot lawfully be exclude is, to the extent legally permitted, limited to, at Infocert’s options, either providing those services again or paying the cost of providing those services again in respect of which the breach occurred
To the maximum extent permitted by applicable law, Infocert excludes and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of any data provided by the user to Infocert or for any indirect or conse1uential loss arising out of or relating to the services or this agreement (including any applicable client order form)
To the maximum extent permitted by applicable law, Infocert’s liability arising under or in connection with this Agreement which is not otherwise excluded by paragraphs (a) and (b), is limited, in the aggregate, to the amounts paid or payable by the user to the service fees charged for the particular service to which such liability relates
Our limitations and exclusions of liability set out in this clause apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise
Users of the Infocert website will generate a username and password allowing access to the services. The user is responsible for the acts of its own employees and contractors and, without limitation must ensure that it protects the security of any passwords issued to the user and controls the use of its services by its employees and contractors. The user is responsible for all charges incurred on the users account (and will pay such amounts as invoiced by Infocert as if such amounts were incurred by the user)
Where the user requests in writing that Infocert cancel a particular password or account, Infocert will use reasonable endeavours to cancel that password or account as soon as practical in normal business hours following the receipt of that request
The user must notify Infocert of any actual or suspected loss, theft or unauthorised use of the service or passwords. Infocert is not liable for any activity or any unlawful or unauthorised access to the service
In introducing any additional services, Infocert may add to or vary the conditions of this agreement as they apply to those additional services by notification on-screen or by written notice to the user of variation to the terms and conditions of this Agreement. Usage of the additional services by the user after such notification shall be taken as agreement by the user after such notification shall be taken by the user after such notification shall be taken as agreement by the user to be bound by the conditions so displayed or notified
From time-to-time Infocert may, at its sole discretion modify, upgrade, enhance or alter the services at its sole discretion. All such modifications, upgrades, enhancements or alterations shall also be governed by the terms of this agreement unless otherwise specified by Infocert
Subject to the terms of this agreement, we grant you non-exclusive, non-transferrable, revocable, limited license to access and use the software for the term of this agreements solely for your internal business purposes
Infocert is the sole and exclusive owner of all right, title and interest (including all Intellectual Property Rights) in or in relation to the services or any materials provided by Infocert under this agreement
Infocert is the owner of the copyright in the compilation of the information used to supply the services, and in the reports supplied to users when using Infocert’s services. Infocert has developed technology, software and documentation that it may use to provide the information services to users, and Infocert has copyright and other rights in those items. The user will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses
Except as permitted under this agreement, the user must not, nor must the user authorise any third party to;
Infocert collects personal information in accordance with its Privacy Policy, available on the Infocert website and updated from time-to-time. By using Infocert services, the user acknowledges that it has read, understood and agrees to the Infocert Privacy Policy
You must ensure that when you collect, use, disclose, transfer or otherwise handle personal information in relation to the services or your obligations under this agreement, you comply at all times with applicable Privacy Laws, and not do anything with the handled Personal Information that will cause us to breach our obligations under Privacy Laws
The receiving party must only use the Confidential Information of the disclosing party for the purposes of exercising its rights or performing its obligations under this agreement
The receiving party must keep confidential, and not disclose, the Confidential Information of the disclosing company, except as permitted under paragraph (d)
This clause extends to the Confidential Information of a party provided to or obtained by the other party before the Commencement Date
The receiving party may disclose confidential information of the disclosing party;
The Infocert website may contain links to or provide information posted by, contributed to or advertised by third parties (Third Party Content). Infocert does not warrant the accuracy of any Third-Party Content. The inclusion of such links or material is not an endorsement or recommendation buy Infocert and Infocert accepts no liability for any Third-Party Content or for any loss or damage the customer may suffer by accessing such websites or acquiring any goods or services from the suppliers of those websites or otherwise using or relying on Third Party Content
The user agrees that the user will use its own expertise and judgement when considering any Third-Party Content and the customer acknowledges that Infocert is not providing any advice or recommendation in respect of any products, services or other information
Either party may terminate this Agreement for cause with immediate effect by providing written notice to the other party if the other party;