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Terms and Conditions

Terms & Conditions

Terms and Conditions – Subscription ServicesTraining Terms and Conditions

By clicking the ‘accept’ button or paying for participation in Procurement Plus Subscription Services via Procurement Plus’ website https://procurementplus.com.au or by written request to Procurement Plus, You are agreeing to enter a legally binding contract with Procurement Plus and agree to be bound by the following Terms and Conditions (Terms and Conditions).

1   Definitions
In these Terms and Conditions, except where the context otherwise requires:
Background Intellectual Property Rights means any Intellectual Property Rights owned by either party prior to the commencement of this Subscription Service or which did not come into existence by reason of this Subscription Service, and which either party are entitled to exercise as part of this Subscription Service.

Claim means any action, suit, proceeding or demand.
Commencement Date means the date that Procurement Plus is scheduled to start providing the Subscription Service.
Consequential Loss means any:

    a) loss of production, revenue, profit, business reputation, opportunities or anticipated savings; and
    b) loss arising from wasted overheads or business interruptions.

Subscription Service means services specified in the online order or written request to Procurement Plus, as applicable.
Fees means the price specified for the Subscription Service.
Government Agency means any government or governmental, administrative, monetary, fiscal or judicial body, department or commission, authority, tribunal, agency or entity.
Intellectual Property Rights means all intellectual and industrial property, whether registered or not, existing anywhere in the world including patents, designs, trade marks, plans, drawings, specifications, computations, files, copyright (including future copyright), data base and analogous rights, trade secrets, know how, processes, concepts, confidential information and all other intellectual property rights as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation on 14 July 1967 as amended from time to time including any application or right to apply for any of these rights.
Law means statute, equity, the common law and the legally enforceable requirements of Authorities, including any regulation or law that applies to us.
Loss means any loss, liability, cost, charge or expense (including legal costs and expenses on a full indemnity basis) that a party suffers or incurs.

Policies means all applicable policies published on our website or provided by us in writing to You as added to and amended from time to time.
Words like ‘including’ and ‘for example’ are to give examples only, and not to limit meaning.
You means the entity (including its officers, employees and board members) that is participating in the Subscription Service offered by Procurement Plus.
2   Agreement

    You agree to pay Procurement Plus the Fees and we agree to provide the Subscription Service on these Terms and Conditions.

3   Payment, tax invoice and GST

    a) Unless otherwise expressly stated, You must pay the amount or amounts specified in your online or written order in full on the date You enter into these Terms and Conditions.
    b) A tax invoice to You for each payment You make in relation to the Subscription Service.
    c) If specified, all amounts that You pay or are required to pay for the Subscription Service include GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
    d) Payments may be processed through a payment portal provided by Stripe (Payment Portal) and subject to any applicable terms that Stripe may require from time to time. The Payment Portal is not operated by Procurement Plus and is the responsibility of Stripe.
    e) By entering your credit card or debit card information, You acknowledge and agree that:
    i. You are the authorised user of the credit card or debit card and that the payment details You enter (including account holder name, account number and security code and your billing address) are accurate and complete;
    ii. You authorise us to charge the amount of the Fees to your credit card or debit card account; and
    iii. You authorise us to return to your credit card or debit card account any amounts due to You or incorrectly charged to You in connection with the Subscription Service.

4   Provision of Subscription Service

    a) Subject to You complying with your obligations under these Terms and Conditions we will provide the Subscription Service to You in the manner stated on Procurement Plus’ website https://procurementplus.com.au.
    b) We will advise You of the Commencement Date and schedule for the Subscription Service after we receive your payment.

5   Instructions and conduct
At all times during the provision of the Subscription Service, You must:

    a) comply with all Laws and our Policies;
    b) ensure that the access and use of the Subscription Service (including any products offered by the Subscription Service) is limited to You and is not to be copied or transferred to another entity without the express approval of Procurement Plus; and
    c) behave in an appropriate and ethical manner.

6   Warranties

    a) To the maximum extent permitted by Law, we provide no warranties, representations or guarantees in relation to the Subscription Service.
    b) All warranties, guarantees, conditions and other terms (express, implied, statutory or otherwise) are excluded, or limited, to the fullest extent permitted by Law.

7   Limit of liability

    a) Subject to clauses 7(b) and 7(c), our liability to You (including liability for consequential loss) in connection with the Subscription Service is completely excluded.
    b) Subject to clause 7(c), if our liability to You in connection with the Subscription Service cannot be excluded in accordance with clause 7(a) due to the operation of any Law, our liability to You (including liability for Consequential Loss) is limited, at our option, to refunding your payments.
    c) If our liability to You in connection with the Subscription Service cannot be limited in accordance with clause 7(a) or 7(b) due to the operation of any Law, our liability to You (including liability for Consequential Loss) is limited to the fullest extent permitted by Law.
    d) Notwithstanding any other clause of these Terms and Conditions, neither Party will be liable to the other Party for any Consequential Loss unless:

      i. the Law requires otherwise;

      ii. the Parties agree in writing that a Party will be liable for that Consequential Loss; or

      iii. the Consequential Loss is specified in or otherwise covered by an Insurance.

8   Indemnity
To the maximum extent permitted by Law, You indemnify Procurement Plus and its officers, agents and employees against all Claims and Loss arising in connection with any act or omission by You in connection with your participation in the Subscription Service.

9   Consumer Rights

    a) You may, in some circumstances, have rights as a consumer under the Australian Consumer Law and other Laws which cannot be excluded, modified or restricted (Consumer Rights). These rights may relate to conditions, warranties and guarantees in relation to the Subscription Service.
    b) These Terms and Conditions (including clauses 5, 7 and 8) do not exclude, restrict or modify any Consumer Rights that you may have.

10     Suspension
We may suspend or modify the performance of the whole or part of the Subscription Service as reasonably required to avoid the effects of circumstances beyond our control, for example, for health reasons.
11   Termination

    a) We may terminate these Terms and Conditions at any time if:
        i. you commit a breach of these Terms and Conditions; or

        ii. you breach clause 3(a) or 5 .
    b) If we terminate these Terms and Conditions under clause 11(a), You will not be entitled to a refund of any amounts paid in relation to the Subscription Service.
    c) We may terminate these Terms and Conditions at any time to avoid the effects of circumstances beyond our control, for example for health reasons.
    d) If we terminate these Terms and Conditions under clause 11(c), we will refund your payments on a pro rata basis.

12 Intellectual Property Rights

    a) No Intellectual Property Rights is transferred to You by reason of your participation in the Subscription Service.
    b) Any new Intellectual Property that is created by either Party, during the Subscription Service is owned by the respective Party.
    c) Ownership of our Background Intellectual Property Rights vests in and shall remain vested in us.
    d) Ownership of your Background Intellectual Property Rights vests in and shall remain vested in You.

13   Personal Information
We will use any personal information that You provide to us in accordance with our privacy policy (as amended from time to time), which can be accessed at Procurement Plus’ website https://procurementplus.com.au.
14   Data Security
You must do all things that a reasonable and prudent person or entity would do to ensure that all of our Data is protected at all times from unauthorised access or use by a third party and from misuse, damage or destruction by any person.
15   General

    a) (Disputes) Before resorting to external dispute resolution mechanisms, the parties must in good faith attempt to settle by negotiation any dispute in relation to these Terms and Conditions, and where practical, each party must refer the matter to personnel who have authority to intervene and facilitate some form of resolution.
    b) (Severance) Any provision of these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
    c) (Jurisdiction) These Terms and Conditions are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
    d) (Notices) If You want to contact Procurement Plus in relation to these Terms and Conditions or the Subscription Service, You can contact us by:
       
    i. Phone: +61 416142986; or
    ii. Email: info@procurementplus.com.au.
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