These terms and conditions (Terms) regulate the business relationship between you and us when you use the Portal amerginhub.net.au (Our Online Portal). By using Our Online Portal in any way, or by purchasing any Services (Services) from Our Portal, you agree to be bound by the Terms.
No person under the age of 18 years may use our Portal and Services or provide personal information to us. Persons under age 18 may only use our Portal and Services with the involvement and consent of a parent or legal guardian.
We are: Amergin Pty Ltd ACN 620 112 183 of 43B Latrobe Terrace, Paddington.
You are: a visitor to Our Online Portal / our customer
The Terms and Conditions:
1. Our contract with you
1.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
1.2 Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
1.3 If you use Our Portal in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
1.4 We do not guarantee that Services advertised on Our Portal are available. We may change these terms from time to time. The terms that apply to you are those that are posted on Our Portal at the time you place an order for Services.
1.5 If in future, you purchase Services from us under any arrangement which does not involve your payment via Our Portal; these terms still apply so far as they can be applied.
2. Registered Users or Member (if applicable) and Subscription Services
2.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.
2.3 You may select the relevant subscription Service (Subscription) that is suitable for your requirements. Details about Subscriptions, the Services being provided and the price payable for the Subscriptions are available on Our Portal.
3. Your account with us (if applicable)
3.1 On registration of an account, you must create a password. You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.
3.2 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and you should also log in to your account and change your password.
3.3 Please notify us of any security breach or unauthorised use of your account.
3.4 We reserve the right to terminate your registration or membership at any time if you breach these terms and conditions.
3.5 Our Services are intended to be used by registered users within Australia only.
4. Prices and Termination
4.1 All prices payable for the Services are clearly set out on Our Portal. On purchasing a Subscription you agree to pay for our Services in accordance with the pricing on Our Portal from time to time.
4.2 Unless stated otherwise, our prices include goods and Services tax (“GST”).
4.3 Unless stated otherwise all bank charges by the receiving bank on payments to us will be borne by us.
4.4 Our prices for Services may be changed by us at any time prior to you placing an order.
4.5 We may change the price payable for the Subscription and the Services being offered under a Subscription at any time. Where we do so, and you have already entered into a contract with us, we will give you notice of the change in the Subscription prices or the Services, and if you do not agree to pay the new prices, or purchase the new Services, then you may terminate this agreement on 5 days’ notice.
4.6 In all other circumstances, termination of your account will take effect immediately. On cancelling your account, your membership status will change to ‘Pending’ until the termination process is completed on the next business day. You will receive a confirmation email once your account has been suspended.
5. Security of your credit card (if applicable)
5.1 We take care to make Our Portal safe for you to use.
5.2 Card payments are not processed through pages controlled by us. We use one or more online payment Service providers who will encrypt your card or bank account details in a secure environment.
6. Intellectual Property
6.1 When you visit Our Portal, we give you a limited licence to access and use information on Our Portal for personal use.
6.2 You are permitted to download a copy of the information on this Portal to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Content in any other way infringes our intellectual property rights.
6.3 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on Our Portal without our prior written permission.
6.4 The licence to access and use the information on Our Portal does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror Our Portal without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of Our Portal.
6.5 If you Post on Our Portal by placing images, text, copy, photos or videos (Your Material) on Our Portal then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Portal in any way we deem fit and in any promotional material we deem fit, such as but not limited to email marketing campaigns and other online and physical marketing materials.
6.6 In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
6.7 Apart from Your Material which you Post, all rights, title and interest in Our Portal or photos, images or logos on our Portal are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics and videos.
6.8 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content on or from Our Portal, in whole or in part.
6.9 You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Portal without the prior written consent of us or that third party (as relevant).
7. Service Warranties (if applicable)
7.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
7.2 Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Services, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
7.3 If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Services:
7.3.1 we supply to you are rendered with due care and skill;
7.3.2 will be fit for the purpose that we advertise, or the Services will give the result that we have agreed to in writing with you prior to providing the Services; and
7.3.3 will be supplied within a reasonable time.
7.4 To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using Our Portal or using our Services is limited to us re-supplying the Services to you, or, at our option, refunding to you the amount you have paid us for the Services to which your claim relates.
8.1 All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
8.2 We, or our Content suppliers, may make improvements or changes to Our Portal, the Content, or to any of the Services, at any time and without advance notice.
8.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large Portal. We would be grateful if you bring to our immediate attention any that you find.
8.4 Use of Our Portal is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from Our Portal.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Portal or the Services.
9. Matters beyond our reasonable control
9.1 There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.
10. Posting Policy: Restrictions on what you may Post to Our Portal (if applicable)
If you Post Content on Our Portal, or on any other webpage controlled by us (such as but not limited to a forum page) then you agree that you will not, nor allow anyone else to, Post Content on Our Portal which is or may:
10.1 be malicious or defamatory;
10.2 be commercial audio, video or music files where the intellectual property rights in those files is not yours not licensed to you;
10.3 be illegal, obscene, offensive, threatening or violent;
10.4 be sexually explicit or pornographic;
10.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
10.7 solicit passwords or personal information from anyone;
10.8 be used to sell any goods or Services or for any other commercial use;
10.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10.10 link to any of the material specified above, in this paragraph; and
10.11 send age-inappropriate communications or Content to anyone under the age of 18.
11. Posting Policy: Your Posting – restricted content (if applicable)
11.1 hyperlinks, other than those specifically authorised by us;
11.2 keywords or words repeated, which are irrelevant to the Content Posted;
11.3 the name, logo or trademark of any organisation other than yours;
11.4 inaccurate, false, or misleading information.
12. Posting Policy: How we handle your Content (if applicable)
12.2 If you Post Content to any public area of Our Portal it becomes available in the public domain. We have no control who sees it or what anyone does with it.
12.3 Even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information
12.4 Posting Content on Our Portal does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you
12.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or breach of any law, which may occur as a result of you Posting any Content.
12.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
12.7 We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
13. Posting Policy: Removal of offensive Content (if applicable)
13.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Portal for any purpose.
13.2 We are under no obligation to monitor or record the activity of any visitor or use of Our Portal for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
13.3 If you are offended by any Content, the following procedure applies:
13.3.1 your claim or complaint must be submitted to us in the form available on Our Portal, or contain the same information as that requested in our form. It must be sent to us by email;
13.3.2 after we receive notice of a claim or complaint, we may investigate at our discretion; and
13.3.3 we shall remove the offending Content as soon as we are reasonably able.
13.4 We may re-instate the Content about which you have complained or not.
13.5 In respect of any complaint made by you or any person on your behalf, whether using out of a complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
13.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
14.1 Our Portal may from time to time contain hyperlinks to other Portals. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked Portal.
14.2 Any hyperlink on Our Portal to another Portal does not imply our endorsement, support, or sponsorship of the operator of that Portal nor of the information, Services and/or products which they provide.
14.3 You may link our Portal only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Portal’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15. Security of Our Portal
15.1 If you violate Our Portal and/or any terms of this agreement, we may take legal action against you.
15.2 You agree that you will not, and will not allow any other person to:
15.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Portal, or any software used within it.
15.2.2 link to Our Portal in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
15.2.3 download any part of Our Portal, without our express written consent;
15.2.4 collect or use any product listings, descriptions, or prices;
15.2.5 collect or use any information obtained from or about Our Portal or the Content except as intended by this agreement;
15.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Portal, other than as permitted by this agreement or as is reasonably necessary for your use of Our Portal;
15.2.7 share with a third party any login credentials to Our Portal.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1 your failure to comply with the law of any country;
16.2 your breach of this agreement;
16.3 any act, neglect or default by any agent, employee, licensee or customer of yours which causes us a loss;
16.4 a contractual or negligence claim arising from your use of the Services;
16.5 a breach of the intellectual property rights of any person.
17. Limitation of Liability
17.1 To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from using Our Portal is limited to the amount authorised by Amerginhub Pty Ltd.
18. Miscellaneous matters
18.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
18.2 Where we provide Services or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that Service.
18.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.6 Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
18.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.8 This agreement does not give any right to any third party.
18.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
18.10 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.11 The validity, construction and performance of this agreement shall be governed by the laws of the State or Territory where the Owner’s principal place of business in Australia is located.
19. Content and Downloads
19.1 These files are intended for the sole use of the amerginhub subscriber/member/partner only. Resale and/or distribution of any content or file on amerginhub is strictly prohibited. All files and documents contain unique security features designed to prevent the unauthorised distribution of content.
19.2 All templates are examples only and should be tailored according to the specific circumstances and type of business for which they are being used. They are not intended for use, audit or submission to regulatory bodies or in any contractual arrangements in their current form. Amerginhub holds no liability for the content of the templates once tailored for a specific business use.
19.3 Amerginhub reserves the right to modify or remove content and templates from this service for any reason, without notice, at any time.
19.4 We reserve the right to refuse service to anyone for any reason at any time, including the deactivation of a subscriber, member or partner account.
In this agreement:
means any content in any form such as but not limited to text, photographic images, videos, icons, emoji, published on Our Portal by us, by you, or by any third party with our consent.
means the Portal where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains, such as but not limited to amergin.net .au and amerginhub.net.au and others.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Portal, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
means the Service being provided by us as set out on Our Portal.
In these terms and conditions unless the context otherwise requires:
20.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
20.2 by accessing the Services through Our Portal or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
20.3 these terms and conditions prevail over any terms proposed by you;
20.4 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
20.5 any obligation of any person arising from this agreement may be performed by any other person;
20.6 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
20.7 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
20.8 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
20.9 if there is any conflict between these terms and conditions and other terms and conditions on Our Portal, these terms and conditions will prevail; and
20.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.