A.1 The following terms are used regularly throughout this Agreement and have a particular meaning (additional definitions are found in the General Conditions):
B.2 In addition to any other express or implied consents, by using Want An Agent the User accepts and agrees to the terms of:
C.1 Want An Agent may allow an Individual to:
C.2 The Company may request information from an Individual in a Request including but not limited to:
C.3 The Company does not charge the Individual for its use of Want An Agent.
C.4 An Individual is not required to register an account in order to use Want An Agent.
C.5 An Individual accepts and agrees that:
D.1 Want An Agent may allow an Agency to:
D.2 The Agency agrees and warrants that:
D.3 Any person who registers an Agency inWant An Agent warrants he or she is an authorised representative of that Agency, with the requisite authority to bind the Agency to this Agreement.
E.1 Fees and Charges.
F.1 The User agrees that when it provides any consent, authority or agreement through Want An Agent it does so as an electronic transaction and warrants that such transaction shall be binding on the party.
F.2 The User agrees that any request for a consent, authority or agreement it sends to other Users through Want An Agent as an electronic transaction shall be sent directly from its email address.
H.2 Limitations on Use
I.1 The Company will keep confidential all information that it becomes aware of regarding the User’s:
J.1 This Agreement may be terminated at any time by:
K.1 The User acknowledges that Want An Agent:
K.2 The User agrees that the Company shall not be responsible or liable in any way for:
L.1 Governing Law.
L.2 Reference City. Melbourne.
1.1 The User wishes to access Want An Agent provided by the Company.
1.2 The terms and conditions in this Agreement govern the provision of Want An Agent to the User by the Company.
2.1 The following definitions apply in this document:
2.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
3.1 This Agreement applies to use of and access to Want An Agent.
3.2 TWhere the User does not accept the terms and conditions of this Agreement, the User must immediately cease using Want An Agent.
3.3 This Agreement may be updated by the Company at its absolute discretion from time- to-time, and unless stated otherwise by the Company in writing, such updates shall come into effect for use of Want An Agent at the User’s next login after the User receives written notice of the update(s).
4.1 Want An Agent is the product described in the Important Terms.
4.2 Want An Agent is only accessible to the User for the term set out in the Important Terms.
4.3 The User agrees and accepts that Want An Agent is:
4.4 As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Want An Agent.
4.5 The Company shall not exercise its rights under clause 4.4 in a manner that would intentionally cause the User to lose access to User Content or fundamentally decrease the utility of Want An Agent to the User, other than in accordance with the terms of this Agreement.
5.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Want An Agent for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
5.2 The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
5.3 The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User or any of its users. The Company will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
6.1 The User agrees that it shall only use Want An Agent for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
7.1 The User shall authorise users to access Want An Agent in its absolute discretion. The Company accepts no liability for access to User Content by users authorised by the User or using login details of users authorised by the User.
7.2 The User is solely responsible for the security of its username and password for access to Want An Agent.
7.3 The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Want An Agent account.
8.1 TThe Company obtains no right, title or interest in User Content including any Intellectual Property found within it. The Company accepts no liability for the content of User Content.
8.2 The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the Users that create, access and/or use User Content.
8.3 Despite clause 8.1 the Company shall be authorised to permanently delete User Content where outstanding Fees remain unpaid in accordance with clause 10.
8.4 The Company shall not access, use, modify or otherwise deal with User Content except where required by compulsion of law or upon the User’s authority (such as to provide support for Want An Agent).
9.3 The Company makes no warranty as to the suitability of Want An Agent in regards to the Agency’s privacy obligations at law or contract, and it is the Agency’s responsibility to determine whether Want An Agent is appropriate for the Agency’s circumstances. Content.
10.1 The Company shall issue the User a Tax Invoice for all Fees for which GST applies.
10.2 The terms of payment set out in the Fees shall apply.
10.3 Should the User dispute a Tax Invoice, the User must notify the Company of the disputed item within 5 Business Days of the date of the Tax Invoice. The User must pay the amount of the Tax Invoice not in dispute within the prescribed payment period. Content.
11.1 Security. The Company takes the security of Want An Agent and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
11.2 Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
11.3 Storage. The Company may limit the amount of data that the User stores in Want An Agent, and shall advise the User of such. Data that is stored with Want An Agent shall be stored according to accepted industry standards.
11.4 TBackup. The Company shall perform backups of Want An Agent in as reasonable manner at such times and intervals as are reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Content from any period of time unless so stated in writing by the Company.
12.1 By accepting the terms of this Agreement the User agrees that the Company shall provide access to Want An Agent to the best of its abilities, however:
13.1 Trademarks. The Company has moral and registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
13.2 Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Want An Agent.
13.3 The Want An Agent Application. The User agrees and accepts that Want An Agent is the Intellectual Property of the Company and the User further warrants that by using Want An Agent the User will not:
13.4 Content. All content (with the exception of User Content) remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Want An Agent.
14.1 The User agrees that it uses Want An Agent at its own risk.
14.2 The User agrees that it has had reasonable opportunity to obtain legal advice on this Agreement.
14.3 The User acknowledges that the Company is not responsible for the conduct or activities of any user and that the Company is not liable for such under any circumstances.
14.4 The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Want An Agent, including any breach by the User of these Terms.
14.5 In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Want An Agent or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, or business interruption of any type, whether in tort, contract or otherwise.
14.6 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
15.1 Expiry or termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
15.2 The rights and obligations under the relevant provisions of clauses 7, 9, 10, 13, 14, 15, 16, 17 and 17.6 survive termination of this Agreement.
16.1 All disputes shall be handled in accordance with the Company’s dispute resolution policy.
16.2 Where the Company does not have a relevant dispute resolution policy for a type of dispute, the following process shall apply:
17.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
17.2 The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to- time.
17.3 The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time- to-time. It is the User’s responsibility to update its contact details as they change.
17.4 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
17.5 Notices must be sent to the parties’ most recent known contact details.
17.6 The User may not assign or otherwise create an interest in this Agreement.
17.7 The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
18.1 Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
18.2 TPrevalence. To the extent that the Important Terms are inconsistent with the General Conditions, the terms of the Important Terms will prevail. To the extent that the Special Conditions are inconsistent with the Important Terms, the Special Conditions will prevail.
18.3 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
18.4 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
18.5 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
18.6 Governing Law. This Agreement is governed by the laws of the state set out in item L of the Important Terms. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
18.7 Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.