Website User Terms and Conditions and Privacy Statement
These Terms and Conditions apply to all users of the website and by using the website you are deemed to have read and accepted these Terms and Conditions:
Definitions and Interpretation
To avoid doubt the following definitions apply to these website User Terms and Conditions:
“ARSWA” means Accounts Receivable Solutions WA and “ARS” means Accounts Receivable Solutions both of which are registered business names of Steadfast Business Services (WA) Pty Ltd ACN 141 269 463;
“the Company” means Steadfast Business Services (WA) Pty Ltd;
“Services” means literature, books/eBooks, training materials and services, intellectual, tangible and/or intangible commodities, property and goods of any description mentioned on this website;
“Terms” mean this Website’s User Terms and Conditions;
“you” means the person accessing or using this website and “your” has the same meaning.
1. Introduction: the basics
1.1 These website Terms govern the use of the entire website and by viewing or using the website you agree to accept all the obligations contained herein. We recommend that you read these Terms carefully;
1.2 This website is for your convenience only and all references to Services are outlines only and do not constitute or purport to be offers unless stated otherwise;
1.3 When accessing the Company website you submit to the exclusive jurisdiction of the Laws of Australia under the jurisdiction of the courts and tribunals of Western Australia.
2. Intellectual Property
2.1 Subject to the provisions contained in these Terms the Company grants you a viewing license only and you are only permitted to use the website contents for study and general information purposes;
2.2 Unless previously agreed in writing by the Company, using any information contained in this website for any commercial purposes is strictly forbidden including, but not limited to, plagiarism, publishing any website contents in any form of media, data mining/harvesting/extraction, selling or otherwise using the contents for any commercial or other non-study purposes;
2.3 The Company’s intellectual property includes, without limitation, all images, logos, text, books, eBooks, audio, video, film, visual aids, educational and training materials, artwork, photographs, movies and all other website content and features developed by the Company or developed on the Company’s behalf;
2.4 In the course of business between the Company and you the Company may be required to divulge confidential information and the Company asserts its moral and legal rights to all its intellectual property;
2.5 You must not divulge any of the Company’s confidential information to any other parties without the prior written consent of the Company being obtained beforehand, which the Company is not obliged to provide;
2.6 From time to time parts of the website may be classified as restricted areas for clients and other parties on an invitation-only basis and if such invitation is issued by the Company at its entire discretion and accepted by you passwords and other identification are strictly personal to you as invitee and must not be divulged to any other parties without the prior written approval of the Company being obtained beforehand.
3. Liability Limitation
3.1 The Company does not offer any warranties whatsoever on the accuracy or otherwise of material contained in this website and all such content is on an “as is where is” basis;
3.2 Under no circumstances whatsoever shall any website content be regarded as or construed to be advice or consultation and the Company accepts no liability for you using any of the contents for decision making or for any other purposes unless and until full consultation between you and the Company has been undertaken and a formal proposal has been submitted by the Company and accepted by you;
3.3 From time to time this website may contain sample educational materials. All such materials are for example purposes only and under no circumstances shall they be regarded as any form of training and the Company accepts no responsibility or liability for you using such content for any purposes whatsoever apart from the purpose of basic information gathering or study;
3.4 All materials contained in this website are provided in good faith and based on information available at the time, some of which may have been provided by other parties. As a result the Company does not warrant the accuracy, completeness, reliability or adequacy of any of the website’s content and it is entirely your responsibility to decide whether or not to accept or use any such content for decision making or other purposes as permitted under these Terms;
3.5 The Company’s maximum liability for any claim will not exceed the price received by the Company in respect of Services provided by the Company and the Company shall not be liable for any further payments either to you/the purchaser or to any other parties for any damages, loss, indirect and/or consequential loss and/or expense except where the client is defined as a consumer within the meaning of the Commonwealth Competition and Consumer Act 2010.
4. Access and Content
4.1 By accessing and/or using this website you accept and acknowledge that inaccuracies, technical, typographical and other errors may occur. Because of possible errors and updating which occurs from time to time and without notice it is your sole responsibility to regularly review the website before using the content for any lawful purposes as permitted under these Terms;
4.2 Whilst the Company endeavours to make the website constantly available for access (routine maintenance excepted) the Company cannot guarantee that crashes, power failures or any other events will not occur and these may happen without prior notice;
4.3 Whilst the Company endeavours to maintain safe access the Company cannot guarantee that the website will not be attacked by viruses/cyber criminals, malware or any other penetrations which could also penetrate or damage your or other computers or interfere with or destroy any data on such computer(s).
5. Other/Third Party Website Linkages
From time to time the Company website may contain links to third party websites and such links are provided solely as a convenience to you and not as recommendations or endorsements by the Company. Because the Company has no control over the content of third party websites and does not endorse, sponsor or monitor such websites you access all third party websites entirely at your own risk and the Company cannot accept any responsibility or liability whatsoever for their content, security or any other aspects of those websites.
6. Privacy Act and Information Protection
The Company is committed to and bound by the Australian Privacy Principles laid down in the Privacy Act 1988 (Cth) and changes thereto and the Company shall keep all personal information provided by you strictly confidential. However, whilst the Company endeavours to protect and keep confidential personal information provided voluntarily by you, in the event that any or all such information is accessed, stolen or otherwise compromised by third parties or malicious hack or any other attacks, without exception, the Company cannot accept any liability or held responsible by you or any persons or parties as a consequences of any such attacks.
7. Ordering and/or purchasing services and other items from this website
7.1 From time to time the Company’s literature, books/eBooks, training materials and services, intellectual, tangible and/or intangible commodities, property and goods of any description mentioned on this website may be offered for sale on the Company’s website and all purchases shall be governed by the Company’s Terms and Conditions of Trade which will be provided to you and be an integral part of your order;
7.2 All the Company’s Services that may be listed for sale on the website or through its hyperlinks are only available to persons who are permitted to make legally binding contracts. Persons under 18 years of age, or anyone who is unable for any reason to enter into a legally binding contract must not attempt to do so and by placing an order you warrant that you are permitted to enter into a legally binding contract;
7.3 All orders placed by you or by any other parties including, but not limited to, information on the Company website concerning orders and the placement thereof do not constitute an offer or acceptance of the order in any jurisdiction other than Australia and such orders are entirely subject to the Laws of Australia under the jurisdiction of the courts and tribunals of Western Australia.
8. Force Majeure
The Company shall not be liable for any unavailability, delay or other happenings concerning the website or communications (or lack of) between you and the Company due to any cyber or other attacks, act of God, war, power or equipment failure, terrorism, industrial action, lack of access to premises, fire, flood, storm, tempest, earthquake, other natural disasters or any other events beyond the Company’s control.
9. No Waiver
If the Company decides not to exercise any rights arising from any breach of these Terms it shall not be a waiver of any rights relating to any subsequent or other breach.
Notices between the Company and you are served when delivered by hand, sent by mail, document exchange, fax or email and shall be treated as given when: if delivered by hand when delivered; if sent by mail or document exchange, 48 hours after posting; if sent by fax, and/or email when the fax machine confirms transmission or when the Company’s email system confirms transmission. A notice given after 5pm and/or on a day which is not a business day is treated as given on the next following business day.
If a dispute arises between the Company and you and a solution thereto is contained in these Terms then such solution shall be a binding full and final settlement of the dispute. If no solution to the dispute exists in these Terms and the dispute cannot otherwise be resolved within 30 days from the date of the dispute then either party can refer the matter to an independent party or mediator. If neither party can agree on an independent party or mediator the dispute shall be referred to a mediator in accordance with the Governing Law clause in these Terms. You shall be liable for the full resolution costs and if this contravenes the Governing Law and/or any other applicable Australian legislation you and the Company will equally contribute to the resolution costs and/or otherwise comply with the Governing Law.
If any part of these Terms is found to be unenforceable for any reason then that part will be severed from these Terms and will not affect the enforceability of any other part of these Terms.
13. Governing Law and Changes to Terms
13.1 The laws of Australia apply to these Terms and are subject to the jurisdiction of the Courts and Tribunals of Western Australia;
13.2 These Terms can only be amended by the Company;
13.3 The Company reserves the right to alter these Terms and such changes will be effective from the date and time the changes are placed on the Company’s website;
13.4 The Company may assign, license or sub-contract all or any part of its rights and obligations in these Terms at any time.