ServicingAustralia.com.au Terms and Conditions Agreement
- General Conditions of Use (ServicingAustralia.com.au)
- Intellectual property
- Information does not represent professional advice
- No guarantees or endorsements of sites or services we link to or that link to us
- No guarantees or warranties as to the service
- Our rights to use information you send us
- No guarantees as to security of your information
- No misrepresentations permitted
- Your conduct
- Limited liability
- Training and certification courses
- Business user verification
- Membership cancellation
- Servicing Australia’s refund policy
- Breach of General Conditions of Use
- Servicing Australia’s customer support and complaints policy
- Servicing Australia’s dispute resolution policy
- Miscellaneous provisions
General Conditions of Use (ServicingAustralia.com.au)
1. Please read this information carefully before accessing or using the information and services available through the ServicingAustralia.com.au website (“SA Site”), which is owned and operated by Servicing Australia Pty Ltd (ACN 165 511 231) (“Servicing Australia”). By accessing or using the SA Site or registering as a user, you agree to be bound by the terms and conditions below. Servicing Australia may modify this agreement at any time, and such modifications shall be effective immediately upon posting a modified agreement on the SA Site.
2. A link to the General Conditions of Use will be published on the user registration forms on all websites owned and operated by Servicing Australia.
3. Copyright in the material and trade marks on theSA Site are owned by Servicing Australia and you agree not to infringe any intellectual property rights owned by Servicing Australia.
Information does not represent professional advice
4. You acknowledge and agree that the information published by Servicing Australia is intended to provide general information in summary form on available services and other issues.
5. Servicing Australia does not endorse or recommend any of the services advertised on the SA Site and Servicing Australia strongly recommends that prior to entering into any agreement with any of the service providers or businesses on the SA Site, that you obtain independent legal, accounting, financial, taxation, technical or expert advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness, quality, safety, legality and usefulness of all quotes, businesses, customers, services and other information provided through the SA Site or on the internet.
6. Servicing Australia will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the SA Site.
7. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this GeneralConditions of Use agreement or your use of the SA Site or Servicing Australia services.
No guarantees or endorsements of sites or services we link to or that link to us
8. Servicing Australia provides links and pointers to Internet sites maintained by third parties from its SA Site. Such linked sites are not under the control of Servicing Australia and Servicing Australia is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Servicing Australia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Servicing Australia of the linked site. Servicing Australia is not responsible for the copyright compliance of any linked site. Servicing Australia will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No guarantees or warranties as to the service
9. Servicing Australia provides no guarantee or warranty to you that the services generally available through the SA Site will performed to a certain standard of quality or be error-free or that defects in the service will be corrected. We do not guarantee or endorse any of the services provided by any third party.
10. You understand that Servicing Australia cannot and does not guarantee or warrant to you that files available for downloading through the SA Site or delivered via electronic mail through the SA Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the SA Site for the reconstruction of any lost data.
11. You are responsible for all transactions in which you choose to participate, including monitoring the status of, and complying with all relevant legal and other obligations.
Our rights to use information you send us
13. Servicing Australia reserves the right to modify or delete any information you submit to the SA Site in order to enhance the services provided to you and other users.
14. Servicing Australia welcomes feedback from you about all aspects of the SA Site. You agree that Servicing Australia may reproduce, distribute,transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the SA Site or by email to Servicing Australia. Servicing Australia reserves the right to aggregate the feedback for each business into a percentage score and publish that score on the SA Site.
- a) You acknowledge and agree that Servicing Australia accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you agree to indemnify and release forever Servicing Australia from any liability it may incur arising, whether directly or indirectly, out of any feedback you post on the SA Site.
- b) Servicing Australia may at any time change or discontinue any feature of the SA Site, including content, hours or availability and equipment required for access.
No guarantees as to security of your information
15. While Servicing Australia shall take all due care in ensuring the privacy and integrity of the information you provide, including but not limited to measures such as firewalls, secure password access, secure servers and data encryption, the possibility exists that this information could be unlawfully observed or accessed by a third party while in transit over the internet or while stored on Servicing Australia systems or on the SA Site. Servicing Australia disclaims all liability to you should this occur.
No misrepresentations permitted
16. You agree that it is a condition on your use of the SA Site and of any other services provided by Servicing Australia or through the SA Site that you will not through any act or omission mislead or deceive others.
17. You warrant that you are the holder of all necessary rights, including copyright, in the content which you contribute, that none of the information provided is defamatory, and that it does not infringe any law in Victoria or Australia. You agree to indemnify Servicing Australia against any legal fees, damages or expenses that may be incurred by Servicing Australia as a result of a breach of this warranty.
18. You warrant to Servicing Australia that you will not use the SA Site or any Servicing Australia service for any purpose that is prohibited by the General Conditions of Use or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
- a) This includes, but is not limited to:
- i. Use of the SA Site to offend others (which shall be judged in the absolute opinion of Servicing Australia);
- ii. Publishing, or in any way distributing or disseminating any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Servicing Australia);
- iii. Engaging in, encouraging participation in or promoting any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the SA Site;
- iv. Use of automated scripting tools or software;
- v. Making available, using the SA Site, any material that you do not have a right to make available including any viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breaching any laws or regulations applicable to your use of the website;
- vi. Use of the SA Site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way, such as creating potential customer lists. Any commercial use of the SA Site requires the prior written approval of Servicing Australia.
- b) Servicing Australia has no obligation to monitor your use or anyone else's use of the SA Site. However, Servicing Australia reserves the right at all times to monitor your usage of the SA Site and to retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
19. You are required to nominate a username and password, which must be used by a single individual and is not transferable. It is your responsibility to ensure that these remain confidential at all times. If you become aware of any unauthorised use of your username or password, you must notify Servicing Australia immediately by email to email@example.com.
20. Business users are required to confirm their identity within 7 days of first registration as a user.
21. Where used in this agreement, the term “personal information” has the meaning attributed to that term in the Privacy Act 1988 (Cth).
22. Servicing Australia is committed to maintaining your privacy because we recognise your right to keep personal information private. Servicing Australia may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Normal use of your personal information includes but is not limited to:
- a) Personalising and customising your SA Site experience;
- b) Assisting Servicing Australia in managing and enhancing its services;
- c) Communicating with you by email, SMS message or telephone; and
- d) Providing you with ongoing information about opportunities on the SA Site which Servicing Australia believes you may be interested in by email, SMS message or telephone.
23. Servicing Australia has appointed a privacy officer to oversee the management and protection of personal information. As of March 2014, the current privacy officer appointed is Oliver Pennington.
24. In relation to information pertaining to a user’s racial or ethnic origin, membership of political bodies, religious orientation, membership of a trade union or trade association, sexual preferences, criminal record and health, Servicing Australia will only use or disclose such information for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless agreed otherwise.
25. Servicing Australia will retain any personal information you provide for a period of 12 months. This includes but is not limited to copies of identification documents. Upon the expiration of 12 months, Servicing Australia will delete, or make anonymous on your request, specific personal information from our servers, files and databases, unless Servicing Australia is required by law to retain that information.
26. You have the right to access any personal information that Servicing Australia holds about you. If you make an access request, Servicing Australia will require you to verify your identity and specify what information you wish to access. Servicing Australia may charge you a fee for the access request.
29. Servicing Australia reserves the right to record phone calls between you and Servicing Australia employees or Servicing Australia agents for training purposes.
30. Servicing Australia expressly excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Servicing Australia’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted to either the re-supply of the relevant Servicing Australia service or a refund in accordance with Servicing Australia’s refund policy. (Please refer to Servicing Australia’s refund policy outlined in clauses 40 – 44.)
31. Excluding liability for negligence, the maximum liability of Servicing Australia is limited to the total of any amounts that you have paid to Servicing Australia in respect of goods or services supplied to you by Servicing Australia or $500.00, whichever is less.
32. As a user of the SA Site, you acknowledge and agree that there are no circumstances whereby Servicing Australia will be liable to you for any indirect, incidental, special and/or consequential losses, damages or loss of profits of any nature arising (including but not limited to any act or omission by Servicing Australia) which result from:
- a) The use or access or any inability to use or access the SA Site or any material on the SA Site; or
- b) Unauthorised access to your user account or internet transmissions or data; or
- c) Statements or conduct by any third party on the SA Site; or
- d) Actions or decisions by you made in reliance on the information on or provided to you through the SA Site, or provided by any business you engage on the SA Site; or
- e) Any interruption, delay or impairment in the functioning, operation or availability of the SA Site, exposure to or transmission of any computer virus, difficulties in connection with the SA Site, or malfunction in equipment or software.
33. You agree to indemnify and release forever Servicing Australia and its directors, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages of any kind and nature, including reasonable legal fees, made by you or any third party due to or arising, whether directly or indirectly, out of your breach of the General Conditions of Use, or your violation of any law, or the rights of a third party.
Training and certification courses
34. Upon completion of a training and certification course offered by Servicing Australia and the completion of the relevant examination to the standard of achievement set by Servicing Australia, business users will become a certified business. Servicing Australia will reflect that certification status on the user’s account and profile.
35. Servicing Australia may use any appropriate icons, images or text on the business profile and in quotes submitted by a certified business to differentiate them from a business user who has not been certified. Servicing Australia may modify the icons, images or text used to differentiate certified businesses on the SA Site at any time. Business users may make an unlimited number of attempts at the examination until they reach the standard of achievement set by Servicing Australia.
Business user verification
36. Business users must have their business information verified by Servicing Australia. This includes confirming the Australian Business Number (ABN) and the physical address. For this purpose business user uploads 2 documents with his full name, full business name and ABN. Upon successful completion of the verification process, business users will become a verified business. Servicing Australia will reflect that verified status on the user's account and profile. Until the verification process is complete, business user will not be able to respond to tenders.
37. Servicing Australia may use any appropriate icons, images or text on the business profile and in quotes submitted by a verified business to differentiate them from a business user who has not been verified. Servicing Australia may modify the icons, images or text used to differentiate verified businesses on the SA Site at any time.
38. Users may cancel their membership at any point in time; however they will not be refunded for the remaining portion, if any, of the membership in accordance with the refund policy.
39. Business who wish to cancel their monthly billing membership must notify Servicing Australia in writing via firstname.lastname@example.org 5 days prior to monthly billing cycle.
Servicing Australia’s refund policy
40. You acknowledge and agree that membership is non-refundable at the time that payment is made. If you are dissatisfied with the SA Site or Servicing Australia’s services and choose to discontinue using the SA Site, membership fees or other payments that you have made are not refundable.
41. Business users who choose to purchase training and certification courses are not entitled to a refund if they are unable to complete the training and certification course purchased. Furthermore, if business users fail to complete the certification examination to the standard of achievement set by Servicing Australia, they are not entitled to receive a refund for the training and certification course. However, they may make further attempts at the examination until they reach the standard of achievement set byServicing Australia.
42. Business users who purchase verification are not entitled to receive a refund if verification is unsuccessful.
43. In the case of an event not specifically covered in the refund policy, refunds will be granted at the absolute discretion of Servicing Australia. Refunds paid in accordance with this refund policy will be paid within 60 business days via the same method whereby the payment was made to Servicing Australia in the first instance.
44. Users who claim an unauthorised refund from their credit card provider or bank without first contacting our customer support team will have their membership immediately suspended. Servicing Australia may issue an invoice to the relevant user to recover up to the full value of any unauthorised refund. Servicing Australia may engage a debt collection agency or use any other legal means to recover unauthorised refunds. Servicing Australia is entitled to charge you interest and recover any costs incurred as a result of the unauthorised refund.
Breach of General Conditions of Use
45. In situations of breach of the General Conditions of Use, Servicing Australia retains absolute discretion to immediately cancel or suspend your membership of the SA Site without notice to you. Without limiting other remedies available to Servicing Australia, we may, at our absolute discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you.
45a. Money Back Guarantee (outside clause 43)
Servicing Australia guarantees full money back guarantee for paid business clients who have taken up a paid full annual membership upfront within 30 days from the payment if:
- a) No tenders are received by the business who paid for the membership during the 30 day period commencing;
- b) No quotes are sent by the business who paid for the membership during the 30 day period commencing;
45b. Monthly memberships:
- 1) Businesses who sign up for a monthly membership agree to be charged an agreed monthly rate on a monthly basis every 30 days.
- 2) Duration of the membership is 12 months since the date the membership is activated.
- 3) After 12 months business will be given an option to take up a new membership.
46. If your membership and use of the SA Site is terminated:
- a) You are no longer authorised to access the SA Site or use any other Servicing Australia service with the email address you used to register with the SA Site or any other email address you possess; and
- b) You will continue to be subject to and bound by all restrictions imposed on you by the General Conditions of Use; and
- c) Termination of this agreement will not end thoseclauses that are capable of surviving the ending of this agreement.
47. In relation to business users, breach of the General Conditions of Use includes but is not limited to:
- a) Providing false or inaccurate information duringregistration or during the provision of quotes on the SA Site;
- b) Providing false or inaccurate information to Servicing Australia’s employees or agents;
- c) Receiving in aggregate more than 2 negative feedback ratings or complaints from other SA Site users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you're out policy);
- d) Acting as an agent of another business or individual who is not a current paying user of the website without the written approval of Servicing Australia; and
- e) Submitting quotes via any means to any other person or entity for work that the business user is not qualified or licenced to perform.
Servicing Australia’s customer support and complaints policy
48. Servicing Australia will attempt to resolve any customer complaints and answer any enquiries within 1 business day. Complaints or enquiries should be directed via email to email@example.com. All complaints and enquiries are logged by Servicing Australia’s customer relationship management software. Servicing Australia may take into account your technical complaints or product developments suggestions when deciding on future software updates, however Servicing Australia is under no obligation to do so.
49. All complaints are reviewed by Servicing Australia customer support representatives and may be referred to a manager for resolution if required.
50. Servicing Australia reserves the right not to respond to complaints or enquiries that offend Servicing Australia’s employees or agents. Servicing Australia reserves the right not to respond to complaints or enquiries made by individuals who are not current users of the SA Site, or have been suspended from the SA Site.
Servicing Australia’s dispute resolution policy
51. Servicing Australia will use reasonable endeavours to mediate any dispute concerning the use by parties of the SA Site. Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
52. Servicing Australia may choose to run promotions or competitions, whereby prizes or other gifts may be awarded. Servicing Australia reserves the right to implement special terms and conditions for promotions or competitions. At the relevant time, those special terms and conditions will be published on the SA Site.
53. If any clause of this agreement is found to be invalid, that clause shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
54. The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and the Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
© Servicing Australia Pty Ltd 2014.