Terms and Conditions
These terms and conditions are the contract between you and One IRC Pty Ltd. (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are One IRC Pty Ltd, a company registered in Australia, ACN 159 306 760
Our address is c/o 62-66 King St, Melbourne, Vic 3000
You are: Anyone who uses Our Website or buys any service from us.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
These are the agreed terms
1.Definitions
“Company Administrator”
means a person who registers a company on Our Website and subsequently registers Employee Users to provide those employees of that company access to Our Website.
“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
“Employee User”
means a person who is registered to use Our Website by a Company Administrator. An Employee User may undertake training modules and assessment within Our Website and the results of these will be recorded.
“Intellectual Property”
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights.
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the One IRC Pty Ltd group of companies. It includes all of the hardware and software installations that enable our website to function.
“Post”
means place on or into Our Website any Content or material of any sort by any means.
“Procurement-level User”
means place a person in a Procurement Management or similar role within a company who has been provided access to Our Website and the data within it, including registered companies and Employee Users.
“Services”
means all of the services available from Our Website, whether free or charged.
2.Interpretation
In this agreement unless the context otherwise requires:
2.1.
the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.2.
any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.Basis of Contract
3.1.
In entering into this agreement you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2.
Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
3.3.
You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4.
So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5.
The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
3.6.
We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.6.1
the change will take effect when we Post it on Our Website.
3.6.2
we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
3.6.3
if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4.Your account and personal information
4.1.
When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5.The price
5.1.
The prices payable for Services are clearly set out on Our Website.
5.2.
The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3.
Prices are inclusive of any applicable goods and services tax or other sales tax.
5.4.
If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify you before we provide it to you.
5.5.
Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6.
You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7.
All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
6.Payment Gateway, Security and Delivery
6.1.
Payments to One IRC Pty Ltd online are processed through the Stripe Payment Gateway (https://stripe.com/au ). Stripe processes online credit card transactions for over 100,000 businesses. All online credit card transactions performed on this site using the Stripe payment gateway are secured payments.
6.2.
Payments are fully automated with an immediate response.
6.3.
One IRC Pty Ltd staff and its agents are able to access only basic details of the payer, including full name, post code, origin and the type of card used, however are unable to see or retrieve specific details such as a credit card number or expiry date. Your complete credit card number cannot be viewed by One IRC Pty Ltd or any outside party.
6.4.
In making your payment via the Stripe payment gateway, you are indicating your agreement to the Stripe Terms of Service, available at the following URL: https://stripe.com/au/legal/ and the Stripe Privacy Policy, located at: https://stripe.com/au/privacy/
6.5.
After ordering online, you will receive an email confirmation from Stripe containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your software/license/access code via email within 1 working day, although in most cases this is automated and will occur within a few minutes. If you wish to query a delivery please contact us at support@loftgroup.com.au.
6.6.
All transactions are processed in Australian dollars.
7.Refunds
7.1.
If for any reason you are not completely satisfied with your purchase we will give you a 10 business day money-back guarantee from the time you receive the goods. Please email us at support@loftgroup.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.
8.How we handle your Content
8.1.
One IRC Pty Ltd regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all One IRC Pty Ltd users, and conforms to Internet privacy standards.
8.2.
In order to use the One IRC Pty Ltd website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by One IRC Pty Ltd is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through Our Website.
8.3.
Any details collected from One IRC Pty Ltd customers is required in order to provide you with our products and/or services, and a high level
of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
8.4.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at support@loftgroup.com.au.
8.5.
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
8.6.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
8.7.
One IRC Pty Ltd uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@loftgroup.com.au. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
8.8.
One IRC Pty Ltd may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.
8.9.
These third parties are prohibited from using your personally identifiable information for any other purpose. One IRC Pty Ltd does not share any information with third parties for any unknown or unrelated uses.
8.10.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to
protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
8.11.
Links on the One IRC Pty Ltd site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.tracepoint.com.au.
8.12.
If you take part in any training or assessment within Our Website, the actions you take and results of your assessment are accessible immediately to other, higher level users, including your Company Administrator and Procurement-level Users of Our Website.
8.13.
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
8.14.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.15.
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
8.16.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
8.17.
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright 1968.
8.18.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
8.19.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8.20.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
8.21.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.22.
Please notify us of any security breach or unauthorised use of your account.
8.23.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph [five / number] above.
8.24.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.
9.Restrictions on what you may Post to Our Website
We invite you to contribute Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
9.1.
be unlawful, or tend to incite another person to commit a crime;
9.2.
be obscene, offensive, threatening, violent, malicious or defamatory;
9.3.
be sexually explicit or pornographic;
9.4.
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.5.
use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
9.6.
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.7.
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose or collecting information with the intention of passing it to a third party for his commercial use;
9.8.
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
9.9.
facilitate the provision of unauthorised copies of another person's copyright work;
9.10.
link to any of the material specified in this paragraph;
9.11.
Send age-inappropriate communications or Content to anyone under the age of 18.
10.Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1.
hyperlinks, other than those specifically authorized by us;
10.2.
keywords or words repeated, which are irrelevant to the Content Posted.
10.3.
the name, logo or trademark of any organisation other than yours.
10.4.
inaccurate, false, or misleading information.
11.Removal of offensive Content
11.1.
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2.
We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility
to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3.
If you are offended by any Content, the following procedure applies:
11.3.1
your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
11.3.2
we shall remove the offending Content as soon as we are reasonably able;
11.3.3
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4
we may re-instate the Content about which you have complained or we may not.
11.4.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12.Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
12.1.
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2.
link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
12.3.
download any part of Our Website, without our express written consent;
12.4.
collect or use any product listings, descriptions, or prices;
12.5.
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.6.
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.7.
Despite the above terms, we now grant a licence to you to:
12.7.1
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.7.2
you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13.Interruption to Services
13.1.
If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
13.2.
You acknowledge that the Services may also be interrupted for many reasons beyond our control.
13.3.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
14.Intellectual Property
You agree that at all times you will:
14.1.
not to cause or permit anything which may damage or endanger our title to the Intellectual Property;
14.2.
us of any suspected infringement of the Intellectual Property;
14.3.
indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
14.4.
not use any name or mark similar to or capable of being confused with any name or mark of ours;
14.5.
far as concerns software provided or made accessible by us to you, you will not:
14.5.1
copy, or make any change to any part of its code;
14.5.2
use it in any way not anticipated by this agreement;
14.5.3
give access to it to any other person than you, the licensee in this agreement;
14.5.4
in any way provide any information about it to any other person or generally.
14.6.
not use the Intellectual Property except directly as anticipated by us in provision of the Services.
15.Disclaimers and limitation of liability
15.1.
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
15.3.
Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
15.3.1
useful to you;
15.3.2
of satisfactory quality;
15.3.3
fit for a particular purpose;
15.3.4
available or accessible, without interruption, or without error.
15.4.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
15.5.
We make no representation or warranty and accept no responsibility in law for:
15.5.1
accuracy of any Content or the impression or effect it gives;
15.5.2
delivery of Content, material or any message;
15.5.3
privacy of any transmission;
15.5.4
third party advertisements which are posted on Our Website or through the Services;
15.5.5
the conduct, whether online or offline, of any user of Our Website or the Services;
15.5.6
failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
15.5.7
any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
15.5.8
any aspect or characteristic of any goods or services advertised on Our Website;
15.6.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
15.7.
Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $1,000. This applies whether your case is based on contract, tort or any other basis in law.
15.8.
We shall not be liable to you for any loss or expense which is:
15.8.1
indirect or consequential loss; or
15.8.2
economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
15.9.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
15.10.
If you become aware of any breach of any term of this agreement by any person, please tell us by emailing us at support@loftgroup.com.au. We welcome your input but do not guarantee to agree with your judgement.
16.You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1.
your failure to comply with the law of any country;
16.2.
your breach of this agreement;
16.3.
a contractual claim arising from your use of the Services
16.4.
a breach of the intellectual property rights of any person;
16.5.
and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $100.00 per hour without further proof.
17.Miscellaneous matters
17.1.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
17.2.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
17.3.
If you are in breach of any term of this agreement, we may:
17.3.1
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
17.3.2
terminate your account and refuse access to Our Website;
17.3.3
remove or edit Content, or cancel any order at our discretion;
17.3.4
issue a claim in any court.
17.4.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
17.5.
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
17.6.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
17.7.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
17.8.
This agreement does not give any right to any third party.
17.9.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
17.10.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.