1.1 Content – Intellectual Property Rights and Obligations
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to PartnerUp Pty Ltd, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
1.2 Content – Limitation on Liability
PartnerUp Pty Ltd does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, PartnerUp Pty Ltd and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.
PartnerUp Pty Ltd and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. PartnerUp Pty Ltd does not accept responsibility for any liability in respect of access to other content through the use of this Website.
2. Use of the Website
While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. PartnerUp Pty Ltd reserves its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of PartnerUp Pty Ltd, including any PartnerUp Pty Ltd account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or PartnerUp Pty Ltd’s systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PartnerUp Pty Ltd on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
PartnerUp Pty Ltd does not guarantee that your use of this Website will be confidential. PartnerUp Pty Ltd is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.
PartnerUp Pty Ltd is committed to adopting the highest standards to safeguard our customers’ personal information. Your data will not be shared, rented, sold etc. to any external parties, however the information we collect, can be used across each of the following PartnerUp Pty Ltd entities: Partner2GROW, PartnerFAST, PartnerUP and PartnerLINK, to communicate with you.
Please refer to our Privacy Statement which sets out how and why we collect, use and disclose your personal information.
5. Links to other websites and to the PartnerUP Website
This Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under PartnerUp Pty Ltd’s control, and PartnerUp Pty Ltd is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
PartnerUp Pty Ltd shall take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Statement for further information on how PartnerUp Pty Ltd has endeavoured to ensure the security of Personal Information.
PartnerUp Pty Ltd notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
PartnerUp Pty Ltd is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. PartnerUp Pty Ltd requests that you promptly report to it any unauthorised use of the password.
For any claims relating to a coupon that cannot be excluded or restricted under consumer protection laws:
(a) you will be entitled to a full refund or replacement coupon if there is a major failure by PartnerUp Pty Ltd or the provider to comply with the consumer guarantees under the Australian consumer laws; and
(b) for minor failures by PartnerUp Pty Ltd to comply with the consumer guarantees under these laws, the liability of PartnerUp Pty Ltd for any applicable claim will (at PartnerUp Pty Ltd’s discretion and to the maximum extent permitted by law) be limited to:
(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.
PartnerUp Pty Ltd reserves the right to do the following, at any time, without notice:
1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You must indemnify and hold harmless PartnerUp Pty Ltd or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
b) reliance by you on any information obtained through the Website.
9. Applicable Law
The Website (excluding any linked third party Websites) is controlled by PartnerUp Pty Ltd. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales Australia. In accordance with the laws in force in New South Wales (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout Australia and overseas, PartnerUp Pty Ltd does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
10.1 Dispute Management and Dispute Resolution
In the event that any dispute arises between the parties to this agreement the parties agree that they will adhere to and implement these dispute management and dispute resolution clauses.
The parties agree that they will implement the dispute management and dispute resolution steps contained in this clause before commencing any action in a court or tribunal to adjudicate and determine any dispute between them.
10.2 Notification of a Dispute
If a party to this agreement considers that that the other party has breached this agreement is some respect, or breached one of the Consumer Law statutory warranties so that it gives rise to a dispute between them, that party must, as the first step in the dispute management process, notify the other party in writing of the following –
The nature of the dispute;
The alleged cause of the dispute;
What needs to be done by the other party to resolve the dispute.
10.3 Dispute Management and Dispute Resolution
A party that receives a notice of dispute under Clause 10.2 shall, within seven (7) days from the date of receipt of the written notice, provide to the complainant party a written response containing the following information –
What he/she agrees with in the notice of dispute;
What he/she disagrees with in the notice of dispute;
His/her own perspective on the dispute different to that of the complainant;
How he/she proposes that the dispute be resolved.
Once the complaining party has received the other party’s written response to the notice of dispute, the parties will have a further ten (10) days to attempt to resolve the dispute via direct negotiation.
During this ten (10) day period the parties may approach LEADR Association of Dispute Resolvers (ACN 008 651 232; email firstname.lastname@example.org; telephone: 61-2 9251 3366 to appoint some skilled in principled negotiation to assist the parties to resolve their dispute via negotiation);
If the parties seek assistance from LEADR they must co-operate with LEADR as the facilitator for dispute management and resolution;
In the event that the dispute is not satisfactorily resolved within that ten (10) day period the remainder of this clause shall apply and be implemented.
If direct negotiation fails to resolve the dispute, the parties must endeavour to settle any dispute in connection with the contract by mediation.
Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement by a person appointed by the Chair of LEADR, (ACN 008 651 232, Level 1, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, fax: 02 9251 3733, email: email@example.com) or the Chair’s designated representative.
LEADR has an office in each State and Territory and the Parties may contact the Chair of the State or Territory in which the contract was made to appoint a suitable mediator.
The Mediation must take place and be concluded within twenty eight (28) days of the conclusion of the parties negotiations under clause 1.4.
The Parties agree to participate in the mediation and to meet his/her/its own costs of and in connection with the Mediation.
The Parties will pay the Mediator’s fees as agreed.
The LEADR Mediation Rules shall apply to the mediation. These Rules are available on the LEADR website and may be downloaded from the website.