Terms Of Service
Forms Everywhere Pty Ltd A.C.N. 664 991 075 trading as DIGITAL FORMS EVERYWHERE [DFE] TERMS & CONDITIONS OF SERVICE – WEBSITE & APP
A. Digital Forms Everywhere [DFE] is engaged in the business of hosting a digital form platform on the World Wide Web for Subscribers to use to record their digital forms and allow access via an App.
B. In consideration DFE agrees to allow a subscriber to use the platform, app and services, the subscriber agrees to abide by the following terms and conditions of service and DFE reserves the right to terminate the service at any time and without reference to the subscriber should the subscriber fail to abide by these and any subsequent terms and conditions of service.
C. By accessing or using this digital platform, service and or app, you irrevocably agree to be bound by these Terms and conditions of service.
In these terms and Conditions of service, the following definitions are used:
Access means the provision of a logon code and password access to the platform or app.
Acceptable User means a subscriber who DFE deems is acceptable to use its system.
Agreement means the acceptance of these terms and conditions which come into effect at the time of accessing the platform or app.
Commencement Date means the date the subscriber begins to access the platform and or app.
Confidential Information means all the information that is, by its nature, confidential, and that relates to DFE, its activities, products, Subscribers, marketing plans, or suppliers, and includes, without limitation, all trade secrets, technical and financial information, all other commercially valuable information of DFE and all information disclosed or acquired, observed, developed or improved by you during your use of the platform, service or app.
DFE means Digital Forms Everywhere trading entity
Force Majeure means an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
i. riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority
ii. ionising radiation or contamination, radioactivity from any nuclear fuel or nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component
iii. pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds
iv. earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity strikes or industrial disputes at a national level, or
v. strikes or industrial disputes by labour not employed by the affected party, its sub-contractors or its suppliers, and which affect an essential portion of the works, but excluding any industrial dispute which is specific to the performance of the works or this agreement.
vi. Pandemics including COVID-19 that result in the inability to provide product, materials or labour for the price, in the time and manner originally prescribed.
GST means the Goods and Services Tax under the GST Act.
Insolvency Event means:
A party becomes an externally-administered Body Corporate for the purposes of the Corporation Act;
A controller (as that term is defined in the Corporation Act) or mortgagee in possession is appointed to the assets of a party or any such appointment is likely; and
A party is unable to pay its debts as and when they fall due
Intellectual Property Rights includes all present and future rights in relation to copyright, trademarks, designs, patents, trade, Retailer or Company names, trade secrets, confidential or other proprietary rights, or any rights to registration of such rights whether created before or after the date of the use of the platform, service or app, whether existing in Australia or otherwise.
Pandemics means an outbreak of a pandemic disease.
Partner Referral Code means the code DFE provides the of paying commissions to individuals or businesses that actively seek Subscriber Referrers for the purpose of receiving commissions, and the subscribers that have been referred that identifies them as the referring party
Referral means a Direct Referral from a Subscriber and does not mean any secondary or other third-party referrals.
Referred Subscriber means the Subscriber referred by the Subscriber.
Subscriber Referrer means the entity or natural person who refers a Subscriber to DFE.
Service means all of the products and services offered by DFE.
Service Fee means the cost of the services provided by DFE to its Subscribers.
Services and Products means the services offered by DFE to its Subscribers as provided from time to time.
System means the DFE online digital platform, app and all other systems that form part of its intellectual property.
Subscriber means the entity or natural person or their representatives that utilise the platform and or the App.
Subscription means the fee paid to DFE by the subscriber at the rate current at the time for the subscription and as advised to the scriber. All Subscriptions are calculated in Australian Dollars [AUD$] and based on the prevailing exchange rate at the time of payment.
Website means https://digitalformseverywhere.com
Your Material means the material that belongs to you and that you use on our system.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these terms and conditions of service.
TERMS & CONDITIONS:
Terms of Subscription to use Website System .
1.0 The licence, your restrictions, and your requirements
1.1 You will at all times indemnify and keep indemnified DFE and our respective officers, employees and agents (Those Indemnified) from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of
Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
1.1.1 any breach by you of the terms and conditions of Service;
1.1.2 Your Material; or
1.1.3 Your use of the System.
1.2 Our Intellectual Property rights
1.2.1 Nothing in these terms and conditions of service affects the ownership of DFE’s Intellectual Property or any Third-Party Providers Intellectual Property rights.
1.2.2 Any improvements to existing Intellectual Property, which are generated by the Subscriber, or any Intellectual Property created by the Subscriber as a result of the use of Confidential Information or as a result of the DFE engagement of the Subscriber is to be the property of the DFE absolutely.
1.2.3 If requested by DFE, the Subscriber will make application for and sign all things necessary for the purpose of registering any Intellectual Property.
1.2.4 In the event that the Subscriber fails to comply with the clauses above, then the Subscriber irrevocably appoints DFE and each and every one of its directors to be its lawful attorney for the purpose of doing all things and signing all documents on its behalf in order that the above clauses can be complied with. The Subscriber undertakes to ratify and confirm any lawful thing the attorney does on its behalf and to reimburse DFE with respect to any costs it may incur in acting as the attorney of the Subscriber.
1.3 Your Intellectual Property Rights
1.3.1 Nothing in these terms and conditions of service affects the ownership of the Subscribers Intellectual Property or any Third-Party Providers Intellectual Property rights.
1.3.2 Any improvements to existing Intellectual Property, which are generated by the DFE, or any Intellectual Property created by the DFE as a result of the use of Confidential is to be the property of the Subscriber absolutely.
1.3.3 If requested by the Subscriber, DFE will make application for and sign all things necessary for the purpose of registering any Intellectual Property. 1.3.4 In the event that DFE fails to comply with the clauses above, then DFE will irrevocably do all things and signing all documents on its behalf in order that the above clauses can be complied with. The Subscriber undertakes to ratify and confirm any lawful thing DFE does on its behalf and to reimburse DFE with respect to any costs it may incur, if applicable.
1.4 Use of the System , App and Services
1.4.1 Access to the System , app and services, known as the system will only be provided to subscribers who have paid their subscriptions or fees and who have been accepted by DFE as and acceptable user of the system.
1.4.2 DFE reserves the right to determine in its absolute discretion who is acceptable.
1.4.3 Access to the system is conditional upon acceptance and abidance of these terms and conditions of service.
1.5 You must only use the DFE system for the limited purposes set out in these terms and conditions of service and you are prohibited from:
1.5.1 Reproducing Our System or Intellectual Property;
1.5.2 Reselling or distributing our System or Intellectual Property;
1.5.3 Re-transmitting our System or Intellectual Property by any medium of communication;
1.5.4 Uploading and/or reposting our System or Intellectual Property to any other site on the Internet; and
1.5.5 “framing” our System or Intellectual Property with other material on any other site on the Internet.
1.6 You may access and download our System or Intellectual Property from the digital platform solely for your own use provided that you must not:
1.6.1 Make our System or Intellectual Property available to third parties on any commercial terms; or
1.6.2 Remove any copyright or trade mark notices contained on Our System or Intellectual Property.
1.6.3 You must not modify or copy:
22.214.171.124 The layout of the System or Intellectual Property; or
126.96.36.199 Any computer software and code contained in or forming part of the System or Intellectual Property.
1.7 Access By the Subscriber
1.7.1 The Subscriber will be provided access to the platform and app by way of a logon and password.
1.7.2 The Subscriber must keep the access logon and passwords secret and immediately advise DFE should they be disclosed to a party who is not approved as a subscriber. The User is not permitted to make his/her user account accessible to third parties.
1.7.3 The Subscriber must keep his/her access data and personal password in a safe place to prevent third party access.
1.7.4 The Subscriber must change the password in regular intervals for security reasons. He/she may change the password online anytime. If the customer suspects that a third party has knowledge of the password, he/she must change it immediately.
1.7.5 Access to the system is granted on the acceptance of these terms and conditions of service and use of the platform and app is an acknowledgement that acceptance has been given by the Subscriber.
1.7.6 DFE reserves the rights to terminate the access to the system at its sole discretion and without reference to the Subscriber.
1.7.7 For clarity, a subscriber is the entity or natural person or their representatives that utilise the platform and or the App.
2. Use of System
2.1 Account information & Registration
By using the System you accept responsibility for:
2.1.1 Maintaining the confidentiality of any account information including user names, logins, passwords, and security questions and answers that you use to access any page or feature on this system;
2.1.2 Logging off from your account and any protected areas of the system;
2.1.3 All activities occurring under your accounts, user names, logins, passwords, and security questions and answers including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures; and
2.1.4 Promptly reporting any suspicious or unauthorised conduct concerning your accounts, user names, logins, passwords, or security questions and answers to the DFE where you become aware of it.
2.2 Rights to update or Variations without reference
2.2.1 DFE reserves the absolute right to change and amend its terms and conditions of service without reference to Subscribers.
2.2.2 Any changes to the terms and conditions of service will be published on the website of DFE.
2.2.3 All amended and changed terms and conditions of service become valid and enforceable from the time they are published on the website.
2.2.4 The Subscriber agrees to abide by any new and amended terms and conditions of service from the date they are published and it is their
responsibility to ensure they are up to date with these terms and conditions of service.
2.3 Acceptance by Use
2.3.1 DFE retains the right to approve all Subscribers to its system and has sole discretion to approve and decline and application to be a subscriber.
2.3.2 You acknowledge by using the system that you agree to all these terms and conditions of service.
2.4.1 You expressly understand and agree that by using our system it is done so at your sole risk.
2.4.2 You agree that DFE is not responsible for any damage to your computer system which includes hardware and software, and you assume all responsibility, liability and risk for your system when using our system.
2.4.3 You agree that DFE is not responsible for any third party computer system and you assume all responsibility, liability and risk if you use their system.
2.4.4 You are solely responsible for the use of the system by you directly or your representatives and it is your sole responsibility to police your system for correct use of our system by all person’s captured under these terms and conditions of service.
2.5 Service Availability
You expressly understand and agree that DFE is not liable in anyway whatsoever for any loss of service or income or claim as a result of you not being able to access the system and you have no claim against DFE should the system not be available other than that provided for by law.
2.6 Content & Ownership
2.6.1 You will not post on nor distribute through the DFE system any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on our rights or on the rights of others (including but not limited to Intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.
2.6.2 You will not post nor otherwise make available on DFE system any material which You do not own, without the express consent of the lawful owner of the material in question.
2.6.3 All information entered into or processed through the Digital Forms Everywhere Customer interface website shall remain the property of the owner and will be secured while being a customer, on ceasing to be a customer the information stored will be erased from the server after 14 days.
You will not engage in any behaviour or action that may affect the operability or the security of DFE system or website nor will you cause unreasonable inconvenience nor disruption to our staff, contractors, or agents in the provision of their services to keep the system operating.
You will not impersonate any person/entity, nor misrepresent your affiliation with a person/entity and if requested, you will provide proof of your identify within 24 hours of any such request by DFE.
You will not promote Digital Forms Everywhere or your use of the system by utilising any SPAM activities whatsoever unless approved by DFE.
2.10 Robot Software and use of approved software only
You will not use robot software (nor any other software that is not a DFE service) to create or alter any aspect of the DFE system.
You will not use workarounds of any kind, to overcome package limitations or limitations of any DFE system, service or feature.
2.12 Virus Software Protection
2.12.1 DFE will take every action to ensure that all information contained on its system is free of viruses and this will include operating with a quality virus protection software.
2.12.2 The Subscriber agrees to ensuring that its computer system and phone is protected with the use of a quality virus protection software system.
2.12.3 Should the Subscribers computer system or phone be susceptible to a computer virus and pass this to DFE’s system the Subscriber will assume all responsibility and loss to DFE and any other third party that was affected by the virus.
2.13 Data Withdrawal
The Subscriber may request to withdraw Your personal information from our marketing database. To do so, The Subscriber must make a written request to DFE who will undertake the removal within 30 days of the request.
2.14 Cancellation of service
2.14.1 DFE may terminate or suspend access to the System at any time without giving any explanation or justification for the termination or suspension. DFE will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating of suspending access to the System.
2.14.2 DFE may remove any materials included on the System, including links to other sites on the Internet, at any time without giving any explanation or justification for removing the material.
2.14.3 The Subscriber can cancel the subscription at any time be advising DFE in writing of the termination date.
2.14.4 Thirty days after the cancellation or expiration of the contract, DFE has the right to irrevocably delete all data provided by the Subscriber, including the questionnaires, survey participants and survey results without prior notification.
2.15 Accurate information
2.15.1 It is the responsibility of the Subscriber to provide accurate and time information to DFE at all times.
2.15.2 DFE accepts no responsibility for the use of information that is provided by the Subscriber and found to be inaccurate or misleading and the Subscriber accepts all responsibility for such actions.
2.16 Storage of data
2.16.1 DFE shall hold limited data storage facilities which are not to be relied upon by the Subscriber and the Subscriber and any third party should ensure that it has its own separate data storage and backup facility.
2.16.2 DFE shall not responsible or liable for any loss of data that it holds in relation to the services it provides and all loss of data that belongs to the Subscriber shall be the responsibility of the Subscriber or any third party.
2.17 Tracking of locations
2.17.1 The Subscriber acknowledges that part of the system provided by DFE means that it tracks the locations of the Subscriber for operational use in the DFE system.
2.17.2 The Subscriber has sole responsibility and liability to ensure that this tracking is known to its representatives and that all compliance with any laws are met in the use of the DFE system. Specifically, any privacy and fair work matters are the responsibility of
the Subscriber and it will indemnify DFE from any actions in relation to these matters.
3 Third Parties Links
3.1 This system may contain links to sites on the Internet owned and operated by third parties and which are not under DFE control. In relation to the other sites on the Internet, which are linked to the system, DFE:
3.2 Provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked sites;
3.3 Is not responsible for accuracy or otherwise of the Material contained on those linked sites; and
3.4 To the extent permitted by law, accepts no liability (whether in contract, tort (including negligence), statute or otherwise) in respect of those linked sites.
4 Security of Our Website
4.1 The Subscriber agrees to take all actions to protect the system and website of DFE as can reasonably be expected.
4.2 The Subscriber will advise DFE immediately it becomes aware of a breach of these terms and conditions of service or if it becomes aware of any issue in relation to the security of the DFE system and website.
5 Subscriptions and Refunds
5.1 Subscriptions & Fees
5.1.1 In consideration of the Subscriber paying the subscription, DFE will allow access to its digital System and app based on the terms and conditions of use. The access to the system is active while the subscriber has an active subscription established.
5.1.2 All other services provided by DFE shall attract a Fee and shall be quoted to the Subscriber prior to the Subscriber utilising the service and for the Subscriber to make full payment for the service. Upon full payment of the service fee, DFE will provide the service to the Subscriber.
5.1.3 GST shall be added to the Subscription and other service fees as required by law.
5.1.4 DFE reserves the rights to change its pricing without reference to the Subscriber.
5.1.5 The current subscription amount shall be advertised on the website of DFE.
5.2.1 If DFE terminates your access to the system, DFE will provide you with a refund in respect of any payment made by you in advance for a service that is connected with this System, where that service has not been supplied to you. Where part of the service has been provided to you, you will be refunded for that portion of the service that has not been provided.
5.2.2 If DFE terminates your access to the System due to your breach of these terms and conditions, you will not be entitled to a refund in respect of any payment made during your use of the System
6 Assignment of our system ore service
6.1 The Subscriber agrees that it can not assign any rights or sell any access to the system of DFE without the express written permission of DFE.
6.2 The Subscriber further agrees that DFE may sell its interests to another party in the system in part of whole and the Subscriber has no
right of objection and DFE reserves the rights to sell its interest without notice to the Subscriber.
7 Indemnity, Exclusions, and limitation of liability
7.1 The Subscriber agrees to indemnify DFE, its agents, staff and associates against any legal action that may arise out of any action that is taken by the Subscriber both through the duration of the use of the system and at any point in the future.
8 Force majeure
In the event that any force majeure event takes place:
8.1 Neither party is responsible for any failure to perform its obligations under these terms and conditions of service if it is prevented from, or delayed in, performing those obligations by an event of force majeure.
8.2 Where there is an event of force majeure, the party prevented from, or delayed in, performing its obligations under this agreement must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in, performing its obligations under this agreement and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the agreement and to fulfill its or their obligations under the agreement.
8.3 Upon completion of the event of force majeure the party affected must, as soon as reasonably practicable, recommence the performance of its obligations under this agreement.
8.4 An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
9.1 Default & Consequence of Default
9.1.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at DFE’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.1.2 In the event that the Subscribers payment is dishonoured for any reason the Subscriber shall be liable for any dishonour fees incurred by DFE.
9.1.3 If the Subscriber defaults in payment of any invoice when due, the Subscriber shall indemnify DFE from and against all costs and disbursements incurred by DFE in pursuing the debt including legal costs on a solicitor and own Subscriber basis and DFE’ collection agency costs.
9.1.4 Without prejudice to any other remedies DFE may have, if at any time the Subscriber is in breach of any obligation (including those relating to payment) DFE may suspend or terminate the supply of system to the Subscriber and any of its other obligations under the terms and conditions of service. DFE will not be liable to the Subscriber for any loss or damage the Subscriber suffers because DFE has exercised its rights under this clause.
9.1.5 Without prejudice to DFE’s other remedies at law DFE shall be entitled to cancel all or any part of any order of the Subscriber which remains unfulfilled and all amounts owing to DFE shall, whether or not due for payment, become immediately payable in the event that:
188.8.131.52 Any money payable to DFE becomes overdue, or in DFE’s opinion the Subscriber will be unable to meet its payments as they fall due; or
184.108.40.206 The Subscriber becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
220.127.116.11 A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Subscriber or any asset of the Subscriber.
9.1.6 If a Party is in default of its obligations under the terms and conditions of service (“the Defaulting Party”), another Party may give a notice in writing setting out the default (“Default Notice”) to the Defaulting Party.
9.1.7 All default notices will be sent to the address as provided by the defaulting party.
9.2 Events of Default
9.2.1 A Party defaults under these terms and conditions if:
18.104.22.168 The Party commits an Irremediable Breach;
22.214.171.124 The Party repeats a breach after having received written notice from the other Party warning that repetition of the breach will, or is likely to, result in the other Party regarding that Party as being in default under this clause of its obligations under the contract;
126.96.36.199 Where the Party is a body corporate – an order is made for the winding up or dissolution of the Party;
188.8.131.52 A receiver or receiver and Company, official Company, trustee, provisional liquidator or similar officer is appointed for all or any part of the assets or undertaking of the Party;
184.108.40.206 Where the Party is threatened with or is served with any court proceeding exceeding $50,000.00;
220.127.116.11 The Party enters into, or resolves to enter into, an arrangement, composition or compromise with, or assignment for, the benefit of its creditors generally, or any class of creditors or proceedings are commenced to sanction such an arrangement, composition or compromise;
18.104.22.168 Where the Party is a body corporate – the Party stops payment of or is unable to pay its debts within the meaning of the Act;
22.214.171.124 Where the Party and or its Directors are an individual – the Party or Director to a Corporate Body becomes bankrupt or unable to pay its debts or suspends payment of its debts within the meaning of the Bankruptcy Act 1966 (Cth); or
126.96.36.199.1 Where a Party acts improperly by;
* Committing Aggressive Acts;
* Fails to comply with all parts to this agreement; and or
* Fails to make notice under all parts to this agreement.
9.3 Remedies for Non-Compliance & Breach of agreed terms and conditions
9.3.1 If a Party is in default, the Non-Defaulting party shall have the rights to exercise its rights under any contract or term and condition of service that applies.
9.3.2 The Non-Defaulting Party rights shall not be limited to the costs of enforcing the terms and conditions of service, the cost of compliance of statute in relation to the terms and conditions of service, and to Equitable remedies.
9.4 Dispute resolution
9.4.1 All parties agree that in the event of any dispute arising in respect of or connection with the use of the system, (including validity breach or termination of it) the parties will, without prejudice to any other right or entitlement they may have pursuant to these terms and conditions or otherwise use their best endeavours to resolve that dispute using informal dispute resolution technique such as negotiation,
mediation, independent expert appraisal or any other alternative dispute resolution technique.
9.4.2 All parties agree to notify the other if a dispute occurs by sending written confirmation to the other party to the last known address of the party.
9.4.3 All parties agree that they will allow the other party to have one  week to rectify the dispute prior to taking any other action.
9.4.4 All parties agree that they will not begin legal action until the steps outlined above are undertaken.
10 Warranty, alterations and rejection of services
10.1 DFE does not warrant, guarantee or make any representation that: The System, or the servers that make the site available on the Internet are free of software viruses;
10.2 The functions contained in any software contained on the System will operate uninterrupted or are error-free; and
10.3 Errors and defects in the System will be corrected.
10.4 To the extent permitted by law, DFE is not liable to you for:
10.4.1 Errors or omissions in the System, or linked sites on the Internet;
10.4.2 Delays to, interruptions of or cessation of the services provided via the System, or linked sites;
10.4.3 The System not being available or operative; and
10.4.4 Defamatory, offensive or illegal conduct of any user of the System, whether caused through DFE negligence or the negligence of its employees, independent contractors or agents, or through any other cause.
10.5 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the System.
10.6 Under no circumstances (including due to any act or omission on the part of DFE) will DFE be liable to you for any direct or indirect loss or damage (including special, consequential or exemplary damages or damages for loss of profits, goodwill, use, data or other intangible losses) suffered by you as a result of, or in connection with:
10.6.1 Your use of the System (including any Material or links made available through the System or reliance on any opinions or recommendations made available through the System);
10.6.2 Your use of any links and linked websites made available through the System or any Material made available through such linked websites;
10.6.3 Unauthorised access to, or alternation of, Your Material (including during your transmission of Your Material over the Internet); and
10.6.4 Statements or conduct of any third parties on the System (including opinions and recommendations of third parties or materials made available for download).
11 Confidentiality & Confidential Information
11.1 All use of the platform and app and any work undertaken by DFE and arising out or in respect of, relating to, or in a way connected with, the use of the platform or app shall be confidential.
11.2 The Subscriber shall not at any time either during the continuance of the use of the platform or app, or after termination of the use of the platform or app, for any reason disclose or make available to any person, any strategies, documents, advice, discussion, opinions or information relating to suppliers, staff, and/or Subscribers of DFE, or other confidential information or trade secrets supplied to or acquired by the Subscriber during the course of using the platform or app, nor at any time use or attempt to use any such information or trade secrets supplied
to or acquired by the Subscriber during the course of these terms and conditions of service, nor at any time use or attempt to use any such information in any manner whatsoever other than as properly required during the subscription.
12 The Competition and Consumer Act 2010
12.1 To the extent permitted by statute, no warranty is given by DFE as to the quality or suitability of the system for any purpose and any implied warranty, is expressly excluded. DFE shall not be responsible for any loss or damage to the system, or caused by the system, or any part thereof however arising.
12.2 For system provided by a third party, the warranty shall be the current warranty provided by the third party of the system. DFE shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the third party.
13 Act Honestly & comply with Laws and Acts
13.1 The Subscriber covenants to act honestly and in good faith and to comply with all Acts and Regulations that governs the use of the system and as provided for by law. Failure to act in a professional and appropriate manner will result in the termination of these terms and conditions of service and DFE reserves the right to take the appropriate action for any legal avenues required.
13.2 You must only use the System for lawful and authorised purposes. Your storage, transmission or distribution of any Material in violation of laws of the Commonwealth of Australia or any State or Territory of Australia in any way that relates to your use of the System is prohibited. This includes Material that is viewed under law as threatening or obscene, or any Material that may be viewed by any entity as a protected trade secret.
13.3 You represent and warrant in relation to Your Material that:
13.3.1 Such Material is current, complete, and accurate;
13.3.2 You are authorised to provide Your Material and have the necessary rights in Your Material to grant the licences as provided for in these terms and conditions of service;
13.3.3 You agree, to the extent reasonably practicable, to promptly update such Material to maintain their completeness and accuracy;
13.3.4 Your Material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation or set of facts or circumstances.
13.3.5 Your Material is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
13.3.6 Your Material does not, and DFE’s use of Your Material will not, infringe any IP Rights; and
13.3.7 Your Material does not infringe any laws.
14 Privacy and Collection of Information
14.2 DFE collects personal information from you:
14.2.1 To process and assess applications submitted via the System;
14.2.2 To provide services to you;
14.2.3 To send communications to you;
14.2.4 To provide information and to seek feedback on matters;
14.2.5 To answer enquiries, and provide information or advice;
14.2.6 To conduct our administrative functions;
14.2.7 For the administrative, planning, product or service development, quality control and research, project and grant purposes of the Department, and our contractors or service providers;
14.2.8 To update our records and keep your contact details up to date;
14.2.9 To process and respond to any complaint made by you;
14.2.10 To comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of another country;
14.2.11 To ensure that we and members of the public comply with laws administered by the Commonwealth; and
14.2.12 To conduct enforcement related activities.
14.3 The personal information we collect may include names, postal and street addresses, email address, telephone numbers and contact details and information for identification purposes.
14.4 The type of information we collect from you will depend on how and why you use the System and the requirements of applicable laws. Certain types of applications will not be processed without the provision of personal information. For example, the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) require that the name, postal address and telephone number of the person making the referral, the person proposing to take the action and the proponent (if not the person proposing to take the action. If this information is not provided with this type of application, it will not be accepted. In some cases, there are mandatory requirements for this information to be published and/or made available for public comment. The information may be provided to various Commonwealth, State and Territory agencies for the purposes of administering the Commonwealth, State or Territory legislation. In addition, where relevant for the purposes of the services you seek, we may collect personal information from other government agencies
14.5 If you do not provide us with the personal information we request via the System, some or all of the following may happen:
14.5.1 We may not be able to grant you access to the System or provide some or all of the services you have requested via the System;
14.5.2 We may not be able to provide you with information about products and services that you may want; or
14.5.3 your subscription may not be accepted.
14.6 We may disclose your personal information to:
14.6.1 Contractors or service providers for the purposes of operating the System or our functions, fulfilling requests by you, and to otherwise provide information, products and services to you including web hosting providers, IT systems administrators, payment processors, data entry service providers, electronic network administrators and professional advisors such as accountants, solicitors, business advisors and consultants;
14.6.2 Suppliers and other third parties with whom we have commercial relationships for business, marketing, and related purposes;
188.8.131.52 An organisation that you have given consent for us to supply the information to;
184.108.40.206 An organisation that you would reasonably expect us to supply the information to for a purpose that is related to the primary purpose of collection (for sensitive personal information, this secondary purpose must be directly related to the primary purpose);
220.127.116.11 Government agencies for the purposes of compliance breaches, investigations, legal actions and insurance claims;
18.104.22.168 Law enforcement bodies, agencies and authorities regarding infringement notices;
14.7 We may also disclose your personal information where we are required to by law or pursuant to certain situations permitted under the Privacy
Act 1988 (Cth), for example where disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.
15 Changes in Personal Data
15.1 You must advise us immediately of any change in your personal data that would otherwise effect how we deliver the system to you.
How you may access and correct the personal information we hold about you; and
How you may make a complaint about a breach of privacy and how we will deal with any privacy complaints.
If you have any queries about privacy, please contact our Privacy Contact Officer:
Privacy Contact Officer: firstname.lastname@example.org
16 Injunctive Relief
The Subscriber acknowledges that the DFE may obtain injunctive relief against it to restrain any breach of these terms and conditions of service or prevent any anticipated breach of these terms and conditions of service (where the Subscriber has by its words or conduct indicated an intent to breach its terms) and that such remedy shall be in addition to any award or damages which may be made in favour of the DFE.
17 Governing Law
These terms and conditions of service shall be governed by and construed in accordance with the laws of the State of Queensland Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland and all appellate Courts.
If any term of these terms and conditions of service is legally unenforceable or made inapplicable, it shall be severed or read down, but so as to maintain (as far as possible) all other terms of these terms and conditions of service (unless to do so would change the underlying principal commercial purposes of these terms and conditions of service).
For the purpose of these terms and conditions of service and unless the context otherwise admits, words importing the singular include the plural and vice versa; words of the masculine gender include the feminine and vice versa. Also for the purpose of these terms and conditions of service, DFE includes all successors, assignees and transmitter of the business.
Any notices hereunder by one party may be sent either by personal delivery or by email or by pre-paid mail to the last known address of the other. Notices sent by mail are deemed to be received when delivered in the ordinary course of the post.
21 .1 The Subscriber agrees not to compete directly or indirectly with DFE in terms of the services that DFE provides, either in its own capacity, or as an associate of another person or entity, or as a blood
relative of another person or entity, for the duration of these terms and conditions of service and for a period of 2 years after the termination of these terms and conditions of service in any state of territory of Australia.
21 .2 The Subscriber expressly acknowledges and agrees that the restrictions in this clause (particularly with respect to time and geographical area) are fair and reasonable and necessary to compensate and protect the goodwill and business interests of DFE.
21 .3 In the event that the period or area set out in this clause are found to be excessive by any Court of competent jurisdiction DFE may serve upon the Subscriber notice of variation with respect to the period or area set out in this clause specifying a reduced period or area to apply to that respective clause. Upon the service of such notice the period and/or area shall be so reduced and the Subscriber agrees to be bound by this clause as varied by the notice of variation.
21 .4 The restrictions, terms and conditions contained in this in clause are to continue and remain binding upon the Subscriber after the termination cancellation or assignment (for whatever reason) of these terms and conditions of service unless otherwise provided for these terms and conditions of service.
22 General Conditions
22 .1 The Subscriber acknowledges that it is an independent subscriber and nothing in these terms and conditions of service shall be deemed or construed to give rise to or create any employment relationship between the parties.
22 .2 The Subscriber acknowledges that the Subscriber will be solely responsible for paying income tax in respect of any Fees received pursuant to the use of the system and that DFE is not liable or otherwise responsible to deduct from the Fees or pay any tax amount due to be paid by the Subscriber.
22 .3 The Subscriber acknowledges and agrees that unless specifically authorised by DFE in writing, the Subscriber does not have the power or authority to enter into any agreement or arrangement on DFE’s behalf or bind DFE in any way whatsoever other than as approved by DFE.
22 .4 The Subscriber acknowledges that all materials, books, manuals, systems and other items provided to them through the duration of its subscription remains the property of DFE and shall not be utilised in any capacity without the express written approval by DFE both during the period of subscription and at anytime in the future. All materials are protected under the conventions of copyright and trademark protections.