Terms of Use

Last revised on June 26, 2015

InductOnline Pty Ltd ABN 63 153 560 653 (we, us and other similar expressions) welcomes you, the viewer and user of this website.

1. Acceptance of these terms of use

1. We provide this website subject to these terms of use. Before you browse or use any facilities on this website, it is important that you read, understand, and agree to these terms of use.
2. In using this website, you agree to be bound by these terms of use. If you do not accept these terms of use, you must refrain from using this website.

2. Access

1. You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. Access to this website may be terminated by us at any time by us without notice to you.
2. Access to this website may be terminated by us at any time by us without notice to you.

3. Privacy

1. We treat all personal information submitted to us in accordance with our Privacy Policy. For more information about our Privacy Policy, please click on the Privacy Policy link at the bottom of this web page.

4. Variations

1. We reserve the right to amend these terms of use from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website will represent an agreement by you to be bound by the terms of use as amended.

5. Registered user

1. In order to access various parts of this website or access particular content available on this website, you must become a registered user.
2. Additional terms of use apply to any person who becomes a register user.

6. Restricted use

1. You are authorised to reproduce any content available on or accessible from this website (Content) for non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee.
2. You must not, without our prior written approval, on-sell Content obtained from this website.
3. You agree to use the Content for lawful purposes only.

7. Content

1. All Content is provided by us or by others in good faith. You accept that the Content provided by us is general information and is not in the nature of advice. We have derived the Content from sources which we believe to be accurate and up to date as at the date of publication.
2. We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purposes, nor do we undertake to keep this website or the Content up to date. This applies to Content provided by us and to Content provided by others.
3. Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.
4. You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the website you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

1. the accuracy or otherwise of the content displayed or omitted from the website;
2. any person’s reliance on content available or omitted from the website;
3. any loss in connection with the use of the website.

5. You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others.

8. Communication with us and others

1. This website contains communication facilities which allow you to communicate with us and others through online enquiry and feedback forms, and may contain other electronic messaging and notice services (Communication Facilities).
2. You acknowledge that Communications Facilities may be public and not private communications. Further, you acknowledge that Communication Facilities should not be considered reviewed, screened, or approved by us.
3. When using the Communication Facilities or this website, you must not, and you must not authorise, aid, abet encourage or incite any other person, to post or transmit any information, image, text or other material of any kind whatsoever:

1. that is not original material in which you own copyright, unless you are authorised by the copyright owner to post or transmit that material on this website;
2. that violates or infringes upon the rights of any other person;
3. that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
4. that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or metal disability;
5. that contains a virus or other harmful component; or
6. that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes.
7. that is knowingly incorrect, misleading or deceptive;

4. In addition, you must not excessively use the Communications Facilities in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of this website.
5. Responsibility for the content of material posted on this website rests solely with the person who posts it. Where that content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

9. Advertisements

1. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertiser’s own websites) rests solely with the advertisers. The placement of advertisements on this website does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisement.

10. Copyright

1. Copyright in the Content and this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 of the Commonwealth of Australia and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means:

1. adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website; or
2. commercialise any Content, goods or services obtained from any part of this website,

3. without our prior written approval.

11. Trademarks

1. If any of our trade marks are displayed on this website, they may not be used without our prior written approval.
2. This website may also display other names and logos that are trade marks of other third parties. You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.

12. User licence to us

1. By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
2. sublicense to any third parties the unrestricted right to exercise any of the rights granted in paragraph (a).

2. The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
3. You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.
4. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.

13. Viruses

1. You must make your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
2. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

14. Security of information

1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.

15. Linked sites

1. The website may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.
2. We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We make no representations about the accuracy of content contained on those websites. We are not liable for the content on those websites.
3. No links from external websites to this website are permitted without our prior written approval.

16. Limitation of Liability

1. Terms, conditions, warranties and guarantees implied by law which cannot be excluded, restricted or modified apply to these terms and your use of the website to the extent required by that law.
2. We exclude to the extent permitted by law all other terms, conditions, warranties and guarantees which might be implied into these terms.
3. Where the breach relates to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, our sole liability for breach of any terms, conditions and warranties implied by law is limited at our option to one or more of the following:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

4. You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these terms of use. In particular, we make no warranty or representation that the website will always be available, accessible, secure or operate without error.
5. Subject to clause 16.3:

1. we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on Content;
2. we are not liable for any direct, indirect, incidental, special and/or consequential damage, loss, claim, expense or loss of profits whatsoever or any loss of data which result from any use or access, or any inability to use or access, or misuse by you or any other party, of this website or otherwise in connection with any Content.

17. Indemnity

1. You agree to hold harmless and indemnify us and our subsidiaries, officers, agents and employees from and against any loss, damage or costs that we, or any of our subsidiaries, officers, agents and employees, may incur in connection with your breach of these terms of use or any other legal obligation by you or your use of this website.

18. General information

1. These terms of use supersede any prior agreements between you and us in respect of your use of this website. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through this website.
2. These terms of use and the relationship between you and us are governed by the laws of the Commonwealth of Australia and the State of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the personal and non-exclusive jurisdiction of the courts in the State of New South Wales.
3. Headings in these terms of use are for convenience only and do not affect interpretation.
4. Our failure to exercise or enforce any right or provision of these terms of use must not be treated as a waiver of the right or provision.
5. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision. The other provisions of these terms of use are to remain in full force and effect.
6. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of this website.
7. Your rights and obligations under these terms of use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

Privacy Policy

Last revised on June 26, 2015

This is the privacy policy of InductOnline Pty Ltd ABN 63 153 560 653 (we, us, our and other similar expressions).

We respect the privacy rights of our users and understand that privacy of your personal information is important. This policy tells you how we collect, use, distribute and protect personal information.

We encourage you to read this policy carefully so that you understand our information handling practices.

Information we collect

In order to provide you with services, we need to collect and use personal information about you or others. If we are not provided with all the personal information we request, we may not be able to provide our services.

We collect personal information when we are contacted about our services, and when you or otherwise use our service.

The type of personal information we may collect and handle may include your name, address, email address, credit card details, mobile number, company name and other contact details. In addition to the above information:

• we collect from you and others company details, including the industry, number of employees and other related company information.

We do not normally collect or store sensitive information, such as information about a person’s ethnic origin, religious beliefs or health.

Purpose of collection

Whenever possible, we collect personal information directly from the individual concerned. However, we sometimes collect personal information from third parties who we believe have informed the individual concerned that his or her details may be provided to us.

We collect personal information for the following purposes:

• to identify users of our service, potential users and their representatives
• to provide our services
• to develop and implement initiatives to improve our services
• to seek your opinions or comments about our services
• to inform you and others about offers or other benefits (including third party benefits) that may become available; and
• to carry out our management, administrative, quality assurance and complaint handling activities in a professional and efficient manner
• to carry out billing and/or debt recovery
• to conduct consumer and market research
• to follow up or pursue any queries you make

Use of personal information

We use personal information:

• to confirm your identity;
• to provide and improve our services to you or others;
• to promote and market our services;
• to keep you or others informed of our offerings and news about our services;
• for the purpose for which it was collected, or for a related purpose that the individual concerned would reasonably expect from us;
• for other purposes permitted, required or authorised by or under law; and
• for any other purpose, where an individual has consented to its use for that purpose

Disclosure of personal information

Except where indicated above, we will not disclose personal information to a third party or a supplier that is not a related entity unless:

• the disclosure is for a primary purpose for which the information was collected;
• the individual concerned has consented to the disclosure
• the third party is our agent, service provider or contractor, in which case we will require them to disclose and to use the personal information only for the purpose for which it was disclosed;
• the third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of our assets and business;
• the third party is a credit reporting agency, your creditor, banker, financier, credit provider, mortgage insurer or trade insurer;
• the disclosure is to a related body corporate, supplier or business partner; or
• the disclosure is permitted, required or authorised by or under law.

Credit card details

If you pay fees to us using a credit card, details of that credit card:

• are only retained for the purpose of that particular transaction; and
• are not permanently stored - the card number is stored until the particular transaction has been finalised, after which time it is deleted from our system,

except where you expressly authorise us to retain the credit card details for recurring transactions.

We do not disclose credit card details to anyone. In the event of unauthorised use of your credit card, you must notify your card provider in accordance with its reporting rules and procedures.

Marketing

We may use personal information to advise the individual concerned of new products and services and marketing initiatives that we think may be of interest to them. This may include product or service offerings, newsletters and general information about us.

We never disclose personal information to a third party for the purpose of allowing them to direct market their products or service to an individual, unless individuals have expressly consented to that disclosure.

Those who prefer not to receive information about our services can either:

• contact our Privacy Officer to be removed from the relevant circulation list. Contact details for our Privacy Officer appear at the end of this policy; or
• follow the unsubscribe directions in the relevant electronic message.

Unsubscribing however, will not end transmission of service-related emails from us, such as administrative email alerts in relation to your account settings.

We may require written confirmation from you to be removed from our circulation list, for example where legislation requires us to provide particular communications to the individual concerned.

In relation to the third party suppliers, you have the right to unsubscribe from receiving any further electronic messages from those parties by contacting those parties directly.

Quality & correction

At all times we strive to ensure that the information we hold about you is accurate, complete and up-to-date. If at any time you believe the personal information that we hold about you is incorrect, incomplete or inaccurate, you should let us know. We will use all reasonable efforts to correct the information.

If we consider that the personal information we retain does not require amendment, we will annotate the request on our files.

Access

If at any time you want to know what personal information we hold about you, you are welcome to request access to that information by contacting us at the contact details listed below. However, where:

• the access impacts on the privacy of others;
• the request for access is frivolous or vexatious;
• there are existing or anticipated legal proceedings; or
• such access can be denied under law or by a law enforcement agency,

we may not be able to provide you with access to the personal information we hold about you.

If we deny your request for access, we will let you know why.

We may also charge a fee to cover the reasonable costs we incur in processing your request.

Storage & security of personal information

Access to personal information is limited to those of our personnel who specifically need it to carry out their business responsibilities.

We will endeavour to take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from loss, misuse or unauthorised alteration. Any personal information you provide to us electronically is stored on secure servers. Our employees are obliged to respect the confidentiality of any personal information held by us.

Website & cookies

To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies or similar electronic tools.

A cookie is a small text file that is placed on your computer and which collects information about your use of our website, such as the web pages visited, the date and the time of a visit and the websites visited immediately before and after visiting our website.

We do not use this technology to access any other personal information of a user in our records and a user cannot be personally identified from a cookie.

Changes to our Privacy Policy

From time to time, our policies will be reviewed and may be revised. We may change this policy at any time. We will notify you by posting an updated version of our policy on our website. The amended policy will apply between us whether or not we have given you specific notice of any change.

Complaint Resolution

We are committed to constantly improving our procedures so that personal information is treated appropriately. If you feel that we have failed to deal with your personal information in accordance with this policy, please speak to us so that we have an opportunity to resolve the issue to your satisfaction.

The person to contact is our Privacy Officer, whose contact details appear at the end of this policy.

Our Privacy Officer will:

• listen to your concerns and grievances regarding our handling of personal information;
• discuss with you ways in which we can remedy the situation; and
• put in place an action plan to resolve your complaint and improve our information handling procedures if appropriate.

Contact us

If you wish to access any personal information that we hold about you, or have a query about this policy, please contact our Privacy Officer:

Privacy Officer
InductOnline
privacy@inductonline.com

Edifyd
privacy@edifyd.com