Disclaimer The Portal is provided “as is” and “as available”. To the extent permitted by law, we make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Portal, including any warranty that Portal or any part or use of it will be uninterrupted, error free or free of harmful components, or that any information provided to us or available on the Portal will be secure, accurate, timely, up-to-date, reliable or not otherwise lost or corrupted. Except to the extent prohibited by law, we exclude all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
Registration and access to the Portal Access and use of the Portal is available to our existing suppliers only. You must register to use the Portal by completing a Portal Registration Form. Please email us at email@example.com or call us on +61 8 6460 4949 to request a Portal Registration Form. You will inform us immediately if any of the information you provide in the Portal Registration Form or any circumstances surrounding your registration change before we accept your application to register. You acknowledge that we are not obliged to accept your application to register and may decline it without giving a reason. Access to the Portal is permitted on a temporary basis and we reserve the right to suspend, restrict or terminate your access to the Portal immediately and without notice. You will tell us as soon as reasonably practicable if you become aware of any defect in the Portal or if you are unable to access the Portal. Any business effected through the Portal will be subject to separate contract terms and conditions. It is your responsibility to carefully check those separate contract terms and conditions.
Use of the Portal Upon completion of the registration process, including satisfaction of any required verification checks and acceptance by us, we will open an account for you (User Account). Your unique username and password used to access the Portal (together your Login Details) are provided for your sole use. You must treat such Login Details as confidential. You must use all reasonable endeavours to prevent unauthorised or fraudulent use of your Login Details. You must tell us as soon as possible if you know or suspect that someone else is aware of your Login Details. You have the ability to create sub accounts for your employee’s within your User Account. These sub accounts are managed by You and access can be granted or revoked by You within your User Account. You are responsible for making all arrangements necessary for you to have access to the Portal. You are also responsible for ensuring that all persons who access the Portal through your internet connection and Login Details are aware of these Terms, and that they comply with them. You should ensure that your Internet Browser is or mobile phone is up to date. The Portal currently supports Chrome, Safari and Edge browsers. We will be entitled to assume that all transactions effected via your Login Details (Authorised Transactions) are in fact authorised and/or conducted by you and we may act upon these without further investigation. We will not be obliged to adjust or reverse any instructions or transactions arising from an Authorised Transaction and we will not be liable to you for acting on or processing such transactions or communications, or otherwise acting on Authorised Transactions. You will indemnify us for any loss we suffer as a result of misuse of your Login Details, where such misuse results from your failure to use reasonable endeavours to prevent unauthorised or fraudulent use. You will not post any material to the Portal which is obscene, defamatory, threatening, misleading, fraudulent or otherwise actionable at law or which would constitute a criminal offence. You will indemnify us against any loss we may suffer by reason of any breach by you of this obligation. We may at any time terminate your access and use of the Portal (including restricting access) for any reason, including if we form the view that the Portal has been, is being, or is about to be, misused in breach of these Terms.
Availability and accuracy We will use reasonable endeavors to keep the information on the Portal up-to-date and as accurate as possible, but we do not make any guarantees regarding the accuracy of any information contained on the Portal, or in respect of the availability of the Portal. You are responsible for checking that any information you enter on the Portal is correct. You will inform us promptly if you become aware of any inaccuracies or incompleteness in the information you have entered on to the Portal.
Intellectual property rights “Information” means any and all text, numbers, graphics, audio and still and moving images, whether in physical or electronic form, as contained on the Portal. “Intellectual Property Rights” means any and all present and future intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including copyright, trade marks, rights in relation to inventions (including patent rights), registered designs and circuit layouts. All the Intellectual Property Rights in the Portal and the Information on the Portal or provided by us to you (excluding your Login Details), shall vest and remain vested in us or the applicable third party owners. Except as expressly provided in these Terms, you obtain no rights from us or our licensors, including any rights related in or related to any Intellectual Property Rights. We grant you a limited, revocable, non-exclusive, non-sub licensable, non-transferable licence to access and use the Portal solely in accordance with these Terms. You may not make a permanent copy of or reproduce any Information or the Portal in any form. You may not reproduce or incorporate any Information or content from the Portal into any other web site or material. You may only print, display or download temporary copies of the content to your own computer for your own use in accordance with these Terms. You will not assert, nor will you authorise, assist, or encourage any third party to assert, against us or our licensors, any Intellectual Property Rights infringement claim regarding the Portal. You represent, warrant and undertake that none of the material you post to the Portal will infringe the rights of any third party, including Intellectual Property Rights, privacy, publicity or other personal or proprietary rights, or will be libellous, defamatory or otherwise unlawful.
Confidentiality Information obtained by you via the Portal and Information disclosed directly to you by us (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting on the Portal and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such Information to any of your employees, solicitors and other professional advisors (if appropriate) on a need-to-know basis for the purpose of working with you in connection with your decision to transact on the Portal, on the basis that you understand that you will be responsible for their use and handling of such Information; and (b) Confidential Information shall not include Information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any Information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
Disclaimer of liability for loss and damage To the extent permitted by law, we will not be liable for any loss or damage direct or indirect and howsoever arising as a result of your access or use of the Portal, your inability to access or use the Portal, any unauthorised access or use of the Portal by another person, corruption or loss of data transmitted to or from the Portal, the loss or misuse of Login Details or any other matter relating to your use or inability to use the Portal. We take no responsibility for your use of a site that might be linked to the Portal. If any consumer guarantees under the Australian Consumer Law apply to your use of the Portal, then our liability for any breach of those guarantees is limited to replacing the relevant goods or resupplying the relevant services. Any information relating to the Portal or the potential access or use of the Portal is of a general nature only. Users or potential users of the Portal are encouraged to seek professional advice in relation to their own particular circumstances.
Governing Law These Terms are governed by the laws of Western Australia and each party irrevocably submits to the exclusive jurisdiction of the courts in Western Australia.