1. Please read this information carefully before accessing or using the information and services available through the Company123.com.au website (“123 Site”), which is owned and operated by Company 123 Pty Ltd (ACN 169 119 242) (“Company 123”). By accessing or using the 123 Site you agree to be bound by the terms and conditions below. Company 123 may modify this agreement at any time, and such modifications shall be effective immediately upon posting a modified agreement on the 123 Site. Each time you order a product from us you agree to the current version of these terms and conditions.
2. Company 123 grants you a non-exclusive, non-assignable and non-transferable licence to order products from our service on the condition that you accept these terms and conditions and pay all fees required. The products must not be used for any purpose except in relation to the transaction for which they were ordered.
3. Copyright in the material and trade marks on the 123 Site are owned by Company 123 and you agree not to infringe any intellectual property rights owned by Company 123 by modifying, reproducing or misrepresenting the products in any way after they have been sent to you.
4. You obtain no property right in relation to our service and no ownership in the Copyright of the documents that you order.
5. You acknowledge and agree that the information published by Company 123 is intended to provide general information in summary form on available services and other issues.
6. You acknowledge that Company 123 cannot and do not give legal, accounting or other financial or taxation advice.
7. In no event will Company 123 be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the 123 Site.
8. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this General Conditions of Use agreement or your use of the 123 Site or Company 123 services.
9. Company 123 provides links and pointers to Internet sites maintained by third parties from its 123 Site. Such linked sites are not under the control of Company 123 and Company 123 is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Company 123 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company 123 of the linked site. Company 123 is not responsible for the copyright compliance of any linked site. Company 123 will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
10. Company 123 provides no warranty to you that the product you decide to order is appropriate or suitable to your needs as the legal, taxation and commercial effects of a product will differ depending on the particular circumstances.
11. You are responsible for obtaining relevant professional legal and accounting or other financial and taxation advice on the suitability of each product for your particular circumstances.
12. You also understand that Company 123 cannot and does not guarantee or warrant to you that files available for downloading through the 123 Site or delivered via electronic mail through the 123 Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the 123 Site for the reconstruction of any lost data.
13. You are responsible for all transactions in which you choose to participate, including monitoring the status of, and complying with all relevant legal and other obligations.
14. You are obliged to provide Company 123 with accurate, complete and current information.
15. You are fully and solely responsible for the information included in any product as a result of your answers to the questions asked. You are responsible for any failure to understand the questions or how to answer them.
17. You warrant that you are the holder of all necessary rights, including copyright, in the content which you contribute, that none of the information provided is defamatory, and that it does not infringe any law in Victoria or Australia. You agree to indemnify Company 123 against any legal fees, damages or expenses that may be incurred by Company 123 as a result of a breach of this warranty.
18. Company 123 reserves the right to modify or delete any information you submit to the 123 Site in order to enhance the products provided to you and other users.
19. Company 123 welcomes feedback from you about all aspects of the 123 Site. You agree that Company 123 may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the 123 Site or by email to Company 123. Company 123 reserves the right to aggregate the feedback for each business into a percentage score and publish that score on the 123 Site.
20. While Company 123 shall take all due care in ensuring the privacy and integrity of the information you provide, including measures such as firewalls, secure password access, secure servers and data encryption, the possibility exists that this information could be unlawfully observed or accessed by a third party while in transit over the internet or while stored on Company 123 systems or on the 123 Site. Company 123 disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
21. You agree that it is a condition on your use of the 123 Site and of any other services provided by Company 123 or through the 123 Site that you will not through any act or omission mislead or deceive others.
22. Where used in this agreement, the term “personal information” has the meaning attributed to that term in the Privacy Act 1988 (Cth).
23. Company 123 is committed to maintaining your privacy because we recognise your right to keep personal information private. Company 123 may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Normal use of your personal information includes, but is not limited to:
24. Company 123 has appointed a privacy officer to oversee the management and protection of personal information. The current privacy officer appointed is Michael Kane.
25. In relation to information pertaining to a user’s racial or ethnic origin, membership of political bodies, religious orientation, member of a trade union or trade association, sexual preferences, criminal record and health, Company 123 will only use or disclose such information for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless agreed otherwise.
26. Company 123 will retain any personal information you provide for a period of 12 months. This includes, but is not limited to, copies of identification documents. Upon the expiration of 12 months, Company 123 will delete, or make anonymous on your request, specific personal information from our servers, files and databases, unless Company 123 is required by law to retain that information.
27. You have the right to access any personal information that Company 123 holds about you. If you make an access request, Company 123 will require you to verify your identity and specify what information you wish to access. Company 123 may charge you a fee for the access request.
30. Company 123 reserves the right to record phone calls between you and Company 123 employees or Company 123 agents for training purposes.
31. Excluding liability for negligence, the maximum liability of Company 123 is limited to the total of any amounts that you have paid to Company 123 in respect of the products supplied to you by Company 123 or $AUD 500.00, whichever is less.
32. Company 123 expressly excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Company 123 liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted to either the re-supply of the relevant Company 123 service or a refund in accordance with the refund policy. (Please refer to Company 123’s refund policy outlined in clauses 35 to 37.
33. As a user of the 123 Site, you agree and acknowledge that there are no circumstances whereby Company 123 will be liable to you for any indirect, incidental, special and/or consequential losses, damages or loss of profits of any nature arising (including, but not limited to any act or omission by Company 123) which result from:
34. You agree to indemnify and release Company 123 and its directors, employees, agents, contractors and affiliates from and against any claims, demands, proceedings, losses and damages of any kind and nature, including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of the General Conditions of Use, or your violation of any law, or the rights of a third party.
35. You accept and agree that due to the nature of our products, we only provide refunds or exchanges at our absolute discretion in exceptional circumstances.
36. You agree that any application for a refund or exchange must be in set out in writing and clearly identify the reasons that you want a refund or exchange.
37. You agree to provide any other information or materials we ask for that we believe is relevant to our decision.
38. If we lose any revenue or suffer any loss or damage as a result of your breach of these terms and conditions or other misuse of our service, then you agree that we may recover the following from you:
39. Company 123 will use reasonable endeavours to mediate any dispute concerning the use by parties of the 123 Site. Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
40. If any clause of this agreement is found to be invalid, that clause shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
41. The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and the Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Company 123 Pty Ltd makes a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy: