These terms and conditions take effect, are governed by and shall be construed in accordance with the Laws of the State of New South Wales in the Commonwealth of Australia and each party hereby unconditionally submits to the jurisdiction of the Courts of New South Wales, including Federal Courts and of any Court competent to hear appeals therefrom.“INFO” means Information Network Fully Online Pty Ltd ACN 055 209 071 and includes any person or company acting under authority of or at the direction of Information Network Fully Online Pty Ltd including any of its agents.
“Service” means Tender INFO (Internet, On-line, Email or Fax Tender Information Service).
“Customer” means the undersigned individual, partnership, corporation, statutory authority or government department.
“Customer Identity Code” means the code(s) allocated to the customer by INFO for the purpose of accessing the service.1. INFO may require from the customer any information in respect of the customer which it deems relevant to this agreement or the provision of the service to the customer.
2. INFO will:
I. Provide the Service.
II. Provide the Customer with a Customer Identity Code as soon as practicable after commencement of the Service to the Customer.
III. Forward subscription invoices to the Customer as and when they fall due.
3. The customer will:
I. Maintain strict security of its Customer Identity Code and password and
II. Notify INFO immediately there is a change in the application particulars.
III. Pay all subscription fees to INFO when notified by INFO in writing from time to time.
4. Copyright of the service shall remain with INFO.
5. The customer will not:
I. Assign or transfer this agreement or any of its rights in respect of the service without the written consent of INFO.
II. Do any act which would infringe copyright of the service.
III. Sell, give away, lend, put on public display, store, reproduce, copy in any form redistribute anywhere or to anyone (including branch offices or other divisions of the Customer) or re-use in any computer system any information accessed on the service except with the written consent of INFO.
IV. Send electronic mail on the service which contains anything offensive, menacing or abusive or send messages causing annoyance, inconvenience or needless anxiety to any person or any unlawful or improper purpose or in any manner that may jeopardise the security of the service or so as to interfere with the proper operation of the service.
6. The customer (any of its employees and agents)
I. Will take all reasonable necessary precautions to prevent unauthorised use of the service.
II. Indemnifies INFO against all liabilities, claims, actions, suits, proceedings, demands, losses, damages, costs, fees and expenses suffered directly or indirectly (including negligence on the part of INFO) arising from the use of the Service by the Customer (including the installation by INFO of user hardware and/or software) or by any person using the Customer Identity Code (whether authorised or not).
7. INFO makes no representations or warranties concerning the accuracy of the information supplied or the delivery or transmission of the service and any conditions warranties and representations unless detailed on this form on the part of INFO are expressly excluded except as otherwise provided by Statute.
8. The Service is provided for the Customer and INFO takes no responsibility of any kind and denies all liability for any damages or loss suffered by any third Parties arising from the Service.
9. INFO reserves the right to:
I. Alter arrangements for access to the service.
II. Cease the offering of the service upon notice.
III. Terminate this agreement without cause on 30 days notice.
IV. Terminate this agreement and the service to the customer if the customer breaches this agreement or provides false or misleading information in regard to this agreement or if INFO believes that the customer or any person using the Customers Identity Code may use the service in such a way as would constitute a breach of this agreement.
10. In the event of a breach by the Customer of these Terms and Conditions or any consent granted under Paragraph IV above INFO reserves the right to immediately terminate the Customer’s access to the Service and claim damages arising from the breach.
11. INFO may amend this agreement from time to time by notification in writing (including an electronic message).
30 Day Guarantee
INFO guarantees the Service to be a comprehensive and timely source for obtaining information on tenders, expressions of interest, requests for information, grants and funding and will refund in full the subscription received with this application provided the notice to discontinue is received in writing within 30 days of the date of this application and provided none of the terms and conditions above have been breached.I apply for the Tender INFO service. I have read and understood the terms and conditions above and agree to be bound by such terms and conditions.