Website/App Terms and Conditions
In these terms and conditions ‘We’, ‘Our’, and ‘Us’ are references to Identity Matters Pty Ltd (ACN 153 307 861) and references to ‘You’, and ‘Your’ are references to the User. ‘User’ means any party that uses the “Identity Matters” App or the associated Website (Identity Matters Website/App) or the Products and Services.
By registering on the Identity Matters Website/App, You agree to be bound by these terms or conditions.
IT IS AGREED:
1. In this Agreement, unless otherwise indicated by the context:
(a) Confidential Information of a party means the following, whether imparted verbally or in writing and by whatever means:
(i) all information of a confidential nature (including trade secrets and confidential know-how);
(ii) all computer software including source code, object code, user programming or modification manuals, flow charts, drawings, software listings, models, drafts and diagrams relating to the software;
(iii) any other information exchanged between Us and You and marked ‘confidential’; and
(iv) all copies of the information and those parts of the records referred to in any of paragraphs (i), (ii), (iii), (iv), (v) and (vi);
(b) Conveyed Information means all information conveyed by You to any third party in connection with the Products and Services;
(c) GST means any goods and services tax payable under the A New Tax System (Goods and Services) Tax Act 1999 or similar or superseding legislation.
(d) Identity Matters Website/App means the website through which you can order Products and Services being www.identitymatters.com.au and its related sub-pages;
(e) Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not currently existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or Confidential Information for the full period of such rights and any renewals or extensions;
(f) Material means all material, whether comprised digitally or otherwise, which may be used by You and conveyed to any third party in connection with the Products and Services;
(h) Products and Services means the products and services provided by us and our panel of service providers to You.
2. The Products and Services are provided to You subject to these terms and conditions. You agree that You have read and understood this Agreement and that You will be bound by and comply with all these terms and conditions. This Agreement is a binding legal contract between You and Us.
3. We take no responsibility for any advice, Material or Conveyed Information conveyed or transmitted using the Products and Services or via the Identity Matters Website/App.
4. You agree to indemnify and hold Us harmless against any claim made by a third party for any loss, damage, expense or claim arising as a result of Your use of the Products and Services.
5. You warrant that:
(a) You are entitled to perform Your obligations under these terms and conditions;
(b) You will not attempt to use the Identity Matters Website/App or the Products and Services to publish Material or convey Conveyed Information that:
(i) is pornographic, violent, discriminatory or otherwise offensive;
(ii) contains any virus, Trojan horse, worm or other malicious code;
(iii) falsely identifies You;
(iv) breaches the Competition and Consumer Act 2010 (Cth) (as amended from time to time) or any of the fair trading/consumer affairs legislation at the time prevailing in any State or Territory of Australia or which is misleading or deceptive in any way;
(v) breaches any State or Commonwealth anti-discrimination legislation;
(vi) breaches any State or Commonwealth law in relation to defamation, obscenity or contempt of court, tribunal or royal commission;
(vii) breaches the Privacy Act 2001 (Cth);
(viii) breaches the Intellectual Property Rights of any third party; or
(ix) breaches any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia; and
(c) You are familiar with the Identity Matters Website/App and Products and Services and understand the processes required to use the Identity Matters Website/App and Products and Services.
6. We warrant that:
(a) We are entitled to perform Our obligations under these terms and conditions;
(b) We are entitled to grant the rights expressed in these terms and conditions;
(c) We own or are the licensee of the Intellectual Property Rights in the Identity Matters Website/App;
(d) to the best of Our knowledge and belief, and without conducting any searches:
(i) the Intellectual Property Rights subsisting in the Identity Matters Website/App do not infringe any Intellectual Property Rights owned by a third party; and
(ii) no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in the Identity Matters Website/App and the Products and Services.
7. You acknowledge that:
(a) We own and retain all Intellectual Property Rights and other ownership rights in the Identity Matters Website/App or the Products and Services; and
(b) there is no transfer of title or ownership to You of any Intellectual Property Rights in the Identity Matters Website/App or the Products and Services under these terms or conditions or otherwise.
8. We make no warranty or representation in relation to the Identity Matters Website/App and the Products and Services, including that:
(a) the Identity Matters Website/App and the Products and Services are error or virus free;
(b) the use of the Identity Matters Website/App and the Products and Services will be uninterrupted; or
(c) the Identity Matters Website/App and the Products and Services will meet Your needs.
9. You acknowledge that any use of the Identity Matters Website/App and the Products and Services will be at Your sole risk.
10. We reserve the right to remove from the Identity Matters Website/App any Material or Conveyed Information conveyed by You which breaches any of the warranties contained within clause 5.
11. We reserve the right to suspend Your use of the Identity Matters Wesite/App should you breach any of the warranties contained within clause 5.
12. By posting any Material on the Identity Matters Website/App or by conveying Conveyed Information in Your use of the Products and Services, You agree to and thereby indemnify Us and Our officers, employees and agents (those indemnified) from and against any and all loss (including reasonable legal costs and expenses) costs, damages, expenses or liability reasonably incurred or suffered by any of those indemnified arising from any demand, claim or proceedings whatsoever made by any third person against those indemnified arising from:
(a) a breach by You of any the warranties set out in clause 5 of this Agreement;
(b) the use by You of the Identity Matters Website/App or the Products and Services other than in accordance with these terms and conditions;
(c) a breach by You of Your obligations under this Agreement; or
(d) any other wilful, negligent or otherwise unlawful act or omission by You.
13. You acknowledge and agree that under no circumstances shall We be liable to You for any indirect, special, incidental or consequential damages, including without limitation, damages for loss or goodwill, work stoppage, computer failure or malfunction, loss of data, the costs of recovering lost data, the costs of substitute software, or any and all other damages or losses arising from use or inability to use the Identity Matters Website/App or the Products and Services, or for any damages of any other nature (whether direct or indirect).
14. During Your use of the Identity Matters Website/App and the Products and Services You grant a royalty-free non-exclusive licence to use any Conveyed Information conveyed to Us for the purposes of arranging the performance of the Products and Services on your behalf.
15. Each order for Products and Services that you place through the Identity Matters Website/App is a separate contract for the provision of those Products and Services to You for the price stated on the Identity Matters Website/App. By completing the order you irrevocably authorise Us to deduct that price from the credit card that you have provided to Us for that purpose. If the credit card payment is rejected by Our credit card payments processor, Stripe, then the order will be cancelled and We are under no obligation to complete your order. You will be notified through the Identity Matters Website/App that your payment has failed.
16. By placing an order for Products and Services you agree to be liable for the price of the Products and Services, including all delivery charges, and GST. For the avoidance of doubt, prices on the Identity Matters Website/App are GST Inclusive.
17. All payments will be processed by our payments provider, Paypal. We will not store or hold your credit card details unless otherwise agreed with you for the purposes of placing an order. For more information on the service provided by Paypal, please refer to www.paypal.com/au .
18. Refunds will be provided at Our discretion, in the following circumstances:
(a) where the Product or Service was not delivered as intended; or
(b) if payment was erroneously processed,
provided that, in such circumstances, Our liability for the refund shall be limited to:
(c) where the Service was not delivered as intended, the cost of re-supplying the Products and Services; or
(d) if payment was erroneously processed, the value of the overpayment.
19. If you are dissatisfied with the Products and Services, and wish to obtain a refund please email email@example.com to notify us of your claims. Claims must be made in a timely manner and in any event by no later than 14 days after the order was placed and must contain sufficient detail to allow Us to investigate your claim.
20. Nothing in these commercial terms restricts or modifies any condition, warranty, right or remedy which is conferred on You by the Competition and Consumer Act 2010 (Cth) or any equivalent consumer legislation.
21. You shall:
(a) keep any Confidential Information acquired by You as a result of Your use of the Identity Matters Website/App and the Products and Services confidential; and
(b) keep all Confidential Information safe and secure, at all times.
22. You shall take all reasonable steps to ensure that Your employees, agents and contractors do not make public or disclose the Confidential Information.
23. Notwithstanding any other provision of these terms and conditions, You authorise Us to disclose to Our potential clients, either directly or through Our advertising and promotional material that You use the Identity Matters Website/App and the Products and Services.
24. If any provision of these terms and conditions is held to be illegal, invalid, void or voidable that provision shall be severed from these terms and conditions, without affecting the validity or operation of any other provision of these terms and conditions.
25. The termination of Your use of the Identity Matters Website/App or the Products and Services in accordance with these terms and conditions, will not terminate Your obligations under the provisions of these terms and conditions which are capable of surviving such termination including each provision of these terms and conditions relating to the protection of the Confidential Information and Intellectual Property Rights.
26. A failure or delay in the exercising of a right under these terms and conditions does not result in a waiver of that right. Any waiver of a right under these terms and conditions must be made in writing.
27. These Terms and Conditions and Your use of the Identity Matters Website/App and the Products and Services shall be governed by the laws of Victoria, Australia and You submit to the non-exclusive jurisdiction of the courts of Victoria and all courts that have jurisdiction to hear appeals from those courts.