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Customer Portal - Terms of Use

  1. Introduction
    1. This customer portal (the Portal) is operated by Indara Corporation (ABN (59 643 875 165 & 34 090 873 019) (Indara) and its related bodies corporate (together, the Indara Group). A reference to “we”, “our” and/or “us” is a reference to the Indara Group.
    2. Your access to and use of the Portal is subject to the terms and conditions set out below, the Privacy Policy and any other policies, notices or disclaimers contained in the Portal (together, the Terms of Use), as amended and updated by us from time to time. By registering, accessing and/or using the Portal, you agree to be subject to the Terms of Use, on behalf of you and your organisation. You represent and warrant that you have the authority to act on behalf of, and bind, your organisation to these Terms of Use.
    3. If you do not agree to be bound by these Terms of Use or you are not authorised to agree to these Terms of Use on behalf of your organisation, you must not register for, access or use the Portal.
  2. Your Privacy
    1. When you register and set up an account to access the Portal and when you use the Portal, you are required to provide us with your personal information. The Privacy Policy explains how we treat your personal information. By registering, accessing and/or using the Portal, you consent to and authorise the collection, use, disclosure, management and protection of your personal information in accordance with the Privacy Policy.
    2. We may send you communications and notices in connection with your account on the Portal, including to service announcements, administrative messages and other information.
  3. Accessing the Portal
    1. In order to access and use the Portal, you must be an individual who has been authorised to do so by your organisation (who must be a customer of Indara), whether you are an employee, contractor or agent of the customer (Authorised User).
    2. Authorised Users must be identified by a unique email address and username and two or more persons may not use the same account credentials.
    3. You are responsible for maintaining the confidentiality and use of your account credentials and you agree to take reasonable efforts to prevent unauthorised access and/or use of your account. Any individual that possesses the credentials required to pass through all security measures to log in to the Portal as you will be presumed to be you.
    4. You are responsible for all the activity conducted on or through your account in the Portal and you must immediately notify us in writing if you become aware of any unauthorised use of your account.
  4. Acceptable Use
    1. The Portal allows you to upload, submit, store, send and receive content that will be viewable by other Authorised Users. When you upload, store, send and receive content through the Portal, you give Indara Group (and companies we work with) a worldwide licence to host, copy, use, transmit, store, modify, create derivative works and communicate such content. The rights you grant us in this licence are for the limited purpose of providing services to Indara’s customers consistent with the core business of the Indara Group.
    2. You warrant that you will use the Portal for lawful purposes only and you will not upload, post or use the Portal to transmit or communicate any content or engage in any conduct that is unlawful, harmful, threatening, abusive, tortious, defamatory, offensive, breaches another person’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory.
    3. Much of the information contained on the Portal is submitted by third parties and should be taken on an “as is” basis. You agree that Indara and Indara Group does not make any representation or warranty as to its reliability, accuracy or completeness.
  5. Confidentiality
    1. Unless we agree otherwise in writing, you are provided with access to this Portal for the sole purpose of obtaining services from us as our customer (the Purpose). Without limiting the foregoing, you may not without our written permission disclose, permit the disclosure of, transfer or on-sell information, data or other materials obtained from this Portal to any third party.
    2. These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.
  6. Copyright, trademarks and intellectual property rights
    1. Copyright in the Portal (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information accessed through the Portal may be provided by a third party and may be the subject of copyright or other intellectual property rights owned by that third party. Your use of the Portal does not grant you, your organisation or any third party any ownership rights in the Portal or any of the content on the Portal.
    2. Other than to the extent expressly permitted by applicable laws, you must not in any manner or by any means:
      (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Portal or from any information, data or other materials obtained from the Portal; or
      (b) commercialise any information, data, materials, products or services obtained from any part of the Portal,without our written permission or, in the case of third-party material, from the owner of the copyright in that material.
    3. You and your organisation must not use any of our trademarks without our express written consent.
  7. Limitation of Liability
    1. We do not represent, warrant or guarantee:
      (a) the accessibility, accuracy, reliability, stability, suitability, timeliness, or completeness of the Portal or any content on the Portal; or
      (b) that your access to the Portal will be continuous, uninterrupted, timely, secure, error free or virus
    2. Other than the express terms of these Terms of Use and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (“Non-excludable Rights“), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Portal.
    3. To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to us doing either or both of the following (at our election):
      (a) supplying the service again; or
      (b) paying the cost of having the service supplied again.
    4. To the extent permitted by law, each entity of the Indara Group and its directors, employees and officers do not accept any liability (whether arising from contract, tort, negligence or otherwise) for any error or omission or for any loss or damage (whether direct, indirect, consequential or otherwise and even if advised of the possibility of such loss) suffered by you or your organisation as a result of or in connection with your use of the Portal, reliance on the information, data or materials contained on the Portal, any interruption, suspension or cessation of your ability to use the Portal or otherwise under or in connection with these Terms of Use.
    5. Without limiting section 7.4, except for liability in relation to breach of any Non-excludable Rights, to the extent that we are liable to you, our maximum aggregate liability to you in contract, including for one or more breaches of any express term or terms of these Terms of Use, tort (including negligence), statute or otherwise, is limited to one hundred Australian dollars ($100).
    6. You acknowledge that Indara and any entities in the Indara Group will not be liable for any losses incurred as a result of a third party’s use of your account, regardless of whether this use is authorised by you or not.
    7. Where content has been uploaded or shared on the Portal by a third party, the hosting of such content should not be construed as an endorsement, approval or recommendation by us of either that third party or any references to products or services contained therein.
  8. Indemnity
    1. You (and your organisation) will indemnify and hold the Indara Group, its officers, directors, employees, suppliers, consultants and agents harmless from any loss, damage, liability (including all and any third party claims) expenses and costs (including the cost of defending or settling any action, claim or demand and all legal and other professional costs on a full indemnity basis) arising from or related to:
      (a) your access, use and/or misuse of the Portal;
      (b) access, use and/or misuse of the Portal by anyone using your access credentials;
      (c) violation of the Terms of Use by you; and
      (d) infringement by you of any intellectual property or other right of any person or entity.
  9. Cookies
    1. Cookies are text files that are downloaded to your computer or device when you access a website. When you browse, cookies gather and store some information about the way you use that website. We may use cookies to collect general information such as the pages you access, the date and time of your access, your IP address, and the domain name from which you access the Portal.
    2. You can set your browser to block cookies and you can delete them whenever you like. If you decide to delete or block certain cookies, your experience on the Portal may be limited, or you may find that some parts of the Portal won’t work, especially where cookies are used for security and fraud detection functions.
    3. It is important to remember that some of the cookies we use are essential for protecting your personal information.
  10. Termination and suspension of Access
    1. Access to this Portal may be terminated or suspended at any time by us without notice for any reason, including if we believe that you have violated or acted inconsistently with the Terms of Use.
    2. Where your access is terminated or suspended by us for any reason, you acknowledge that we are not liable to you or any third party for any losses suffered directly or indirectly as a result of such termination.
    3. The Terms of Use will survive the termination of your access to the Portal.
  11. Governing Law
    1. Regardless of the jurisdiction in which you are based or in which you have accessed the Portal, the Terms of Use and any disputes arising out of or in connection with them will be governed by and construed in accordance with the laws in force in New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
  12. Third Party Content
    1. The material on the Portal may contain links to third-party websites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any third-party content.
  13. General
    1. If any provision of the Terms of Use is held to be invalid, unenforceable or illegal for any reason, the remaining provisions shall continue in full force.
    2. We accept no liability for failure to comply with the Terms of Use where such failure is beyond our reasonable control.
    3. If we do not exercise, or partially exercise, a right or remedy under the Terms of Use, this does not mean that such right or remedy will be automatically waived in the future.
    4. We may change or update the Terms of Use at any time and from time to time without notifying you. By continuing to access the Portal, you are deemed to have accepted the amended Terms of Use on your own behalf and on behalf of your organisation. A copy of the most current Terms of Use is displayed on the Portal and will be replaced with the most recent version if and when amended.