TERMS AND CONDITIONS FOR BUYERS
By completing the user registration process you agree to be bound by the terms and conditions below.
2. DEFINITIONS AND INTERPRETATIONS
In the interpretation of these terms and conditions words importing the singular will include the plural and vice versa; words importing any one gender will include other genders; words importing natural person will include corporations, firms, government departments, statutory authorities, and other entities recognized by law and vice versa; all references in these terms and conditions to any statutory enactment or law will mean and be construed as references to that enactment or law as amended or modified or re-enacted from time to time and to the corresponding provisions of any similar enactment or law of any relevant jurisdiction; if more than one person is named and described as the Buyer the obligations of those persons under these terms and conditions will be joint and several.
Company means Neo RD&C Pty Ltd t/as ICertify ABN 35 601 279 565 and includes its successors and assigns.
Conditions means these terms and conditions for the supply of Goods and/or Services by the Company to the Buyer. A reference to “Conditions” includes any Schedule.
Buyer means the third party person or business who uses the Services of the Company to locate and engage with Service Providers.
Service Provider means the Service Provider who has engaged the Company to assist in the offering and promoting of their goods/services to Buyers
Other Relevant Requirements means the requirements of all codes, standards, industry requirements, regulations, legislation, by-laws, ordinances, common law and other laws applying to the production, sale, use and consumption of the Goods and the supply of the Services.
Website means the Company’s website, i.e. www.icertify.net.au.
3. USE OF THE WEBSITE
3.1 These terms and conditions apply to all enquiries or requests placed by a Buyer with the Company for assistance in the locating and engagement of Service Providers.
3.2 The Company reserves the right to accept in whole or in part or reject any Buyer’s enquiry/request submitted by the Buyer in regard to the services of any Service Provider.
3.3 The Company may offer features based on the location of Buyers and their current location. Where the usage of Location-Based Services is applicable, you consent to collection and dissemination of your location information through the Website. Under no circumstances shall the Company be liable for claims or for any damages therefrom, arising out of the Buyer’s informed decision to disseminate its location information together with the Buyer’s profile information through the Website.
3.4 You will not be charged any amount unless notified by the Company prior and our Website is otherwise free for use by Buyers.
3.5 The Company otherwise provides a service on this Website which enables you to enquire and be linked/introduced to relevant Service Providers in accordance with your received enquiry and the needs outlined, all of which are third party Service Providers who you will otherwise separately engage should you proceed. The Company receives payment from Service Providers when you use our Website to purchase goods or services from them.
4. ENQUIRIES / REQUESTS
4.1 The Company will use reasonable endeavours to reply to any enquiry/ request received from a Buyer on or before three days following receipt.
4.2 The Buyer acknowledges that the Company does not warrant or represent that the services offered by the Service Provider will fit all their needs and the Buyer acknowledges that it is required to complete its own investigations following a response being provided to any enquiry/request. .
4.3 The Website and the services of the Company are intended as only information and for comparison and the Company cannot make any offer to the Buyer on the Service Provider’s behalf.
4.4 The Buyer in turn acknowledges that it has not, on making any enquiry/request and receiving a reply from, the Company, relied upon the skill, judgment or recommendation of the Company or any of its servants or agents.
4.5 Any claims therefore by the Buyer in regard to this Website and its services must be notified in writing by the Buyer to the Company within 7 days of the Delivery Date, and if not notified, the Buyer forever releases and discharges the Company from all actions, suits, charges, claims and demands relating directly or indirectly to the purchase by the Buyer from the Company of the Services
5. LIABILITY AND INDEMNITY
5.1 The Company’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service provided, the Buyer is entitled:
1. to cancel any service contract; and
2. to a refund (if applicable) for the unused portion, or to compensation for its reduced value.
5.2 The Company otherwise acknowledges that under applicable State, Territory and Commonwealth Laws including in particular the Goods Act (VIC) 1958 and/or similar Australian Consumer Laws, further conditions and warranties may be implied into this contract and rights may be conferred upon the Buyer which cannot be excluded, restricted or modified. Nothing of this contract whether express or implied, will be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights. In particular the Buyer is entitled to
5.3 Subject to clause 8.1, the Buyer acknowledges and expressly agrees with the Company:
(a) that the Buyer is satisfied that the Services are fit for the purpose for which they were purchased; and
(b) that any implied warranty or condition whether statutory or otherwise and whether as to quality, condition or fitness for any particular purpose is expressly excluded from these terms and conditions to the fullest extent permitted by law.
5.4 The Buyer agrees and acknowledges that the Company to the full extent permitted by law accepts no liability or responsibility arising from any direct or consequential loss, damage or expense of any kind or nature and the Buyer releases and forever discharges the Company from all such responsibilities and liabilities and any claims, demands or causes of action in respect thereof.
6. INTELLECTUAL PROPERTY
6.1 Only the Company (and its licensors, where applicable) shall own the right, title and interest, including all related Intellectual Property Rights, in and to the Website, the Company Content, the Services and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, along with any aggregated metrics, data and trends compiled by the Company.
6.2 These Terms and Conditions do not convey any rights of ownership in or related to the Services, the Company’s technology or the Intellectual Property Rights claimed by the Company including but not limited to the name, logo, trademarks, copyright content, designs and patents.
6.3 The Buyer agrees not to change, translate or otherwise create derivative/copied works of the Website or the Services offered.
6.5 The Company may provide information, training material, templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video to provide the Buyer with an idea of the manner by which the platform functions and the Services on offer and unless advised to the contrary the Buyer may not distribute, publicly display, publicly perform or otherwise publish such content.
7.2 The Buyer agrees and warrants that it is solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations including any notice and consent requirements. This includes without limitation the collection and processing by the Company of any personal data, when you use the Services.
7.3 You agree that the Company may protect and improve our Services through analysis of your use of the Services and/or analysis of any information you enter into our Service in an anonymised, pseudonymized, de-personalized and/or aggregated form.
8.1 A request or enquiry made by the Buyer and accepted by the Company may only be cancelled with the Company’s written consent (in its sole discretion).
8.2 Without prejudice to any of its other rights, powers or remedies, the Company may cancel any request received for the delivery of Services and terminate any contract governed by these Conditions if:
(a) any terms of payment for any Services delivered to the Buyer by the Company have not been strictly adhered to by the Buyer;
(b) the Buyer defaults under any of its obligations under these Conditions; or
(c) the Buyer becomes insolvent, commits an act of bankruptcy or, being a company, a liquidator, provisional liquidator, receiver, receiver and manager, administrator or official manager is appointed in respect of the Buyer, a mortgagee goes into possession of the Buyer’s assets or business, an application is made to appoint a liquidator or to have the company wound up, the Buyer is made subject to the supervision of a court or enters into a scheme of arrangement with its creditors or if anything analogous occurs in respect of the Buyer, in which case, the Seller will be released from all liability under the Contract.
8.3 In the instance that the Company cancels a request for a reason as provided in this clause it will be entitled to payment for all Services delivered up to the effective date of the cancellation.
9. TECHNICAL IMPROVEMENTS
The Company reserves the right to make changes and other improvements to the Services without prior notice.
The failure of the Company at any time to insist on performance of any of these terms and conditions is not a waiver of the rights of the Company at any time to insist on performance of that or any other provision.
If any provision of these terms and conditions is or is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these terms and conditions and these other provisions will remain in full force and effect.
12. WHOLE UNDERSTANDING
These terms and conditions contain the entire agreement and understanding between the Company and the Buyer and the contract arising therefrom will not be amended, varied or waived unless such amendment, variation or waiver is in writing signed by the Buyer and by a person authorized to sign such amendment, variation or waiver on behalf of the Company.
13. GOVERNING LAW
These terms and conditions will be governed by and construed in accordance with the law in force in Victoria, Australia and the Buyer and the Company agree to submit to the jurisdiction of the Victorian Courts in respect of any dispute arising in connection with this contract.