Terms of Use

ACSAProcurement.com.au

Terms of Use

Parties:

This Agreement is between 4Links Technology Pty Ltd ( 4Links), Aged & Community Services Australia ( ACSA) (We or Our or Us) and you (You or Your).

Introduction: Your access to and use of the ACSA Procurement Apps & services ( the Apps) is governed by the following terms and conditions (Conditions). By using the Apps (and any updates of the Apps), You agree to be bound by these Conditions. If You do not agree to these Conditions, You must terminate your account with Us. We may change all or part of these Conditions at any time without prior notice to You. If We do, the new Conditions will be posted on the Terms of Use or made available via a link in the Apps. Your subsequent or continued use of the Apps will constitute Your acceptance of any changes. If You object to any changes to these Conditions, You must terminate your account with Us.

You may use the Apps only if You can form a binding contract with Us. If You are accepting these Conditions on behalf of a company, organisation, government, or other legal entity, You represent and warrant that You are authorised to do so. You must use the Apps in accordance with these Conditions and all applicable laws, rules and regulations including, without limitation, copyright laws.

Licence:

We grant You a limited, non-exclusive, non-transferable, revocable licence to use the Apps in Australia for commercial purposes, subject to these Conditions. The licence is effective until termination by You or Us. Your rights under these Conditions will terminate if You fail to comply with any of these Conditions.

Ownership of the Apps:

The Apps are protected by intellectual property laws, and embody valuable confidential information of Us and Our licensors. We and Our licensors own all rights, title and interest in respect of the Apps including all intellectual property rights. We reserve all rights other than those granted to You under these Conditions. Except as permitted by non-excludable laws, You must not reverse engineer, decompile, disassemble, or extract any element of the Apps or otherwise seek to discover any source code, algorithms, methods or techniques embodied in the Apps. You must not modify, transfer, distribute, pledge, sublicense, rent, lease, or create derivative works based on the Apps, including its user interfaces.

Use of the Apps:

While We use reasonable endeavours to ensure that the Apps and their related services are available continuously, We do not make any representations or warranties that Your access will be uninterrupted, timely, secure or error free. Your access to the Apps may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond Our reasonable control. Except as expressly provided otherwise in these Conditions, We reserve the right to update, change or discontinue any feature or service (or part thereof) on the Apps at any time and without prior notice to You. Except as expressly provided otherwise in these Conditions, We reserve the right to change the pricing for any chargeable service or feature on the Apps at any time without providing notice to You. We also reserve the right to withdraw the Apps.

From time to time, We may send You messages (via the App, email or SMS) regarding Your use of the Apps, updates of the Apps and these Conditions. We may also send You messages (Commercial Messages) about Our other products and services and the products and services of third parties that We believe may interest You. You consent to receiving those Commercial Messages indefinitely. If You do not want to receive the Commercial Messages, You may terminate your account.

You will not use the Apps for any unlawful purpose or in a misleading, deceptive or unlawful manner including, without limitation, infringing any party’s intellectual property rights, menacing or harassing any person or in respect of content that is unlawful, defamatory or obscene.

Your Material & Data

By uploading, transmitting, posting or otherwise making available any material or data via the Apps (Material), You:

  • grant Us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce and edit the Material in any form and for any purpose;
  • except where expressly stated otherwise, also grant each user of the Apps a non- exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, communicate to the public and edit the Material in any form for any purpose, subject to these Conditions;
  • warrant that You have the right to grant the above licences;
  • warrant that the Material does not breach these Conditions; and
  • unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth) or under similar laws of other jurisdictions) which You may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which You upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in Our opinion, violates these Conditions or otherwise has the potential to harm, endanger or violate the rights of any person or Us; and
  • monitor use of the Apps, and store or disclose any information that We collect, including in order to investigate compliance with these Conditions or for the purposes of any police investigation or government request.

Privacy:

We are committed to complying with Our privacy obligations. All personal information We collect from You will be handled by Us in compliance with the Privacy Act 1988 (Cth). For more detail on how We collect, use and disclose personal information, please refer to Our privacy policy which is located on Our website at 4Links.com.au

Liability:

To the full extent permitted by law, We (including Our directors, officers, employees, agents or contractors) will not be liable to You for any liability, loss or cost suffered directly or indirectly whether under contract, negligence or other tort, equity or otherwise arising under or in connection with the Apps or these Conditions.

You are responsible for Your use of the Apps including, without limitation, the use of any information provided through the Apps or any recommendation made through the Apps.You agree that We do not offer or provide any opinions of any kind and We are not responsible for the performance of any agreement or engagement You or any other person enters into as a result of Your use of the Apps.

We are not responsible for the accuracy, completeness or currency of any information or data provided through the Apps. We are not responsible for, and accept no liability with respect to, any communication, content or data uploaded, transmitted or otherwise made available on the Apps by any person other than Us. We do not endorse any opinion, advice or statement made by any person other than Us.

We do not recommend, make any warranty regarding or endorse any product or service offered on ACSAprocurement.co.au. including any content published or uploaded by Suppliers using the Apps. We do not take any responsibility for any statements made or data provided by suppliers including any compliance data. We disclaim all liability for any products or services offered by any supplier.

A “non-excludable condition” is a guarantee, condition or warranty which is provided under non-excludable laws, the exclusion of which from a contract would contravene any law or cause any part of these Conditions to be void. Despite any other provision of these Conditions, nothing in these Conditions excludes, restricts or modifies a non-excludable condition. Our liability to You for a non-excludable condition is limited (at Our option) to one of (a) supplying the services again, or (b) the payment of the cost of having the services supplied again.

Subject to any non- excludable conditions, We exclude all warranties or conditions in relation to the Apps implied by law. We do not give any warranty that the Apps will process, transmit, or display information in an accurate, complete, consistent or timely manner.

In no event will We be liable for any indirect or consequential loss, loss of profits, loss of data, or loss of employment or business opportunities.

You indemnify Us against any losses, costs (including reasonable legal costs), expenses, demands or liability, and whether arising in contract, tort (including in each case negligence), or equity or otherwise incurred as a result of any breach of these Conditions by You or any person who uses the Apps on Your behalf.

Third party websites, advertising and activities:

We may feature or display links and pointers to websites operated by third parties on the Apps. Those websites do not form part of the Apps and are not under Our control and We are not responsible or liable for the content or operation of those websites. If You link to any such websites, You leave the Apps entirely at Your own risk. The Apps may feature or display third party advertising. By featuring or displaying such advertising, We do not in any way represent that We recommend or endorse the relevant advertiser or its products or services. If You contact a third party using functionality provided on the Apps, including via e-mail, We do not accept any responsibility for any communications or transactions between You and the relevant third party.

Disputes:

If a dispute arises out of or relates to these Conditions, the Apps or the breach, termination, validity or subject matter of these Conditions, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to these Conditions and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) in Sydney before having recourse to arbitration or litigation. The mediation will be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are hereby deemed incorporated into these Conditions. Unless otherwise agreed, each party will pay its / their own costs of the mediation. Nothing in this clause limits or prevents a party seeking urgent interlocutory relief.

Entire agreement:

These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings, whether written or oral, relating to its subject matter.

No representations:

Each of the parties acknowledges and agrees that in entering into these Conditions it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Conditions, other than as expressly set out in these Conditions.

Severability:

If any provision of these Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Conditions, which will remain in full force and effect.

No waiver:

No waiver of any term of these Conditions will be deemed a further or continuing waiver of that term or any other term. No failure to assert any right under these Conditions will constitute a waiver of that right.

Applicable law:

These Conditions are governed by the law of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Contacting Us: If You have any questions, complaints or claims about the Apps, please contact Us at: info@4Links.com.au