This document was created using a Contractology template available at http://www.contractology.com.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, InnerTelligence (Aust) Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
- [edit or otherwise modify any material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without InnerTelligence (Aust) Pty Ltd’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without InnerTelligence (Aust) Pty Ltd’s express written consent.
Access to certain areas of this website is restricted. InnerTelligence (Aust) Pty Ltd reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at InnerTelligence (Aust) Pty Ltd’s discretion.
If InnerTelligence (Aust) Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
InnerTelligence (Aust) Pty Ltd may disable your user ID and password in InnerTelligence (Aust) Pty Ltd’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to InnerTelligence (Aust) Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to InnerTelligence (Aust) Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or InnerTelligence (Aust) Pty Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
InnerTelligence (Aust) Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on InnerTelligence (Aust) Pty Ltd’s servers, or hosted or published upon this website.
Notwithstanding InnerTelligence (Aust) Pty Ltd’s rights under these terms and conditions in relation to user content, InnerTelligence (Aust) Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. InnerTelligence (Aust) Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, InnerTelligence (Aust) Pty Ltd does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
InnerTelligence (Aust) Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if InnerTelligence (Aust) Pty Ltd has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit InnerTelligence (Aust) Pty Ltd’s liability in respect of any:
- death or personal injury caused by InnerTelligence (Aust) Pty Ltd’s negligence;
- fraud or fraudulent misrepresentation on the part of InnerTelligence (Aust) Pty Ltd; or
- matter which it would be illegal or unlawful for InnerTelligence (Aust) Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, InnerTelligence (Aust) Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against InnerTelligence (Aust) Pty Ltd’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect InnerTelligence (Aust) Pty Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as InnerTelligence (Aust) Pty Ltd.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify InnerTelligence (Aust) Pty Ltd and undertake to keep InnerTelligence (Aust) Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by InnerTelligence (Aust) Pty Ltd to a third party in settlement of a claim or dispute on the advice of InnerTelligence (Aust) Pty Ltd’s legal advisers) incurred or suffered by InnerTelligence (Aust) Pty Ltd arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to InnerTelligence (Aust) Pty Ltd’s other rights under these terms and conditions, if you breach these terms and conditions in any way, InnerTelligence (Aust) Pty Ltd may take such action as InnerTelligence (Aust) Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
InnerTelligence (Aust) Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
InnerTelligence (Aust) Pty Ltd may transfer, sub-contract or otherwise deal with InnerTelligence (Aust) Pty Ltd’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, constitute the entire agreement between you and InnerTelligence (Aust) Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Victoria.
Registrations and authorisations
InnerTelligence (Aust) Pty Ltd is registered with SPAAL.
InnerTelligence (Aust) Pty Ltd’s details
The full name is InnerTelligence (Aust) Pty Ltd
[InnerTelligence (Aust) Pty Ltd is registered in Australia
InnerTelligence (Aust) Pty Ltd’s [registered] address is Notting Hill Victoria
You can contact InnerTelligence (Aust) Pty Ltd by email to firstname.lastname@example.org
Trading Terms and Conditions
In these conditions “the Business” means InnerTelligence (Aust) Pty Ltd, “the Client” means the person(s) firm(s) or company whose name(s) appear on the face hereof, “Equipment” means the equipment in respect of which the Services are provided, and “Services” means the work performed as set out on the face hereof.
The Business shall not be liable to the Client for any loss or damage suffered by the Client arising out of the provision of the services, howsoever caused including but not limited to loss or damage caused by the negligence of the Business, its employees, servants or agents relating to the provision of the Services,
It is understood and agreed between the parties hereto that:
(i) the Business is not an insurer and that any insurance against fire, theft, loss or damage to the equipment or through any other cause must be obtained by the Client at its own cost,
(ii) the costs and fees payable by the Client for the Services are based solely upon and are unrelated to the value of the Client’s property or the property of others located in the Client’s premises.
(iii) should the Business notwithstanding the foregoing provisions be found liable for any loss or damage sustained or suffered by the Client whether such loss or damage arises from the breach by the Business of any contractual provision or is due to or arise from any negligence or act or omission on the part of the Business its servants or agents in any respect the liability of the Business hereunder and at common law shall be limited to a sum not exceeding $1,000,000 which shall include legal costs in respect of the aggregate of all claims arising during any consecutive period of twelve months,
- Trade Practices Act
3.1. Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (Cth) or any other Commonwealth or State legislation insofar as such legislation may be applicable and prevents either expressly or impliedly the exclusion or modifications of any such term condition or warranty.
3.2. In cases where part V Division 2 of the Trade Practices Act 1974 (or any Like State legislation) applies the Business’s liability to the Client shall be limited:
3.2.1. In the case of goods (being materials used in the provision of the Services) to anyone of the following as the Business in its sole discretion may determine:
18.104.22.168. the replacement of the goods or the supply of equivalent goods; or
22.214.171.124. the repair of the goods; or
126.96.36.199. the payment of the cost of replacing the goods; or of acquiring equivalent goods; or
188.8.131.52. the payment of the cost of having the goods repaired,
3.2.2. In the case of Services anyone of the following as determined by the Business:
184.108.40.206. the supplying of the Services again; or
220.127.116.11. the payment of the cost of having the Services supplied again,
The normal service rates charged by the Business apply to works carried out between the hours of 8.00 am to 4.30 pm Monday to Friday excluding public holidays. Service calls outside of these hours will be charged for at the Business’s prevailing penalty rates as determined by the Business from time to time.
All accounts are due and payable within 14 days, unless otherwise specified. A monthly accounting fee of $25.00 applies to accounts outstanding for more than 7 days, unless otherwise specified.
Ownership of property in the goods and materials supplied by the Business to the client shall only pass to the client when and if all monies due and payable by the client to the Business have been paid to the Business in full. The client authorises the Business to enter the client premises for the purpose of reclaiming materials that belong to the Business due to non-payment by the client. The client agrees that for this specific event only no legal liability will be applied to the Business. Denial of entry for this purpose will be treated at theft of goods and reported to the police.
- Collection Service Charges
If the Business deems it necessary, it may at its sole discretion place the account in the hands of a professional collection agency. Any fees charged by the chosen collection agency are payable by the Client and will be considered part of the outstanding balance. The account will not be closed until the outstanding balance is paid in full. Account keeping fees will continue to accrue as detailed in para 5 above.
- The Client is deemed to have read and agreed with the above conditions when instructions are given to the Business to commence the work detailed on the front hereof.
- A restocking fee of 50% of total order applies for all quotes/works cancelled after 48 hours of acceptance of quote.