Terms & Conditions
Overview
Welcome to servicepoint.com.au - we look forward to your participation. The following terms form the agreement between you and ServicePoint Limited ABN 57 010 597 672 for the use of this service and related features (the “Service”).Please take a few minutes to read about the benefits we have to offer and to understand the limitations of the Service. If you do not understand or agree to the terms, you should not use the Service.
The Service
1. We will provide you with the Service that presents information from your nominated information providers (“Information Providers”). The information will be presented to you on secure web pages.
2. We hope to be able to offer you further value added services in the future. These value added services may be subject to a subscription fee.
3. In order to register for the Service, you must provide us with your name, email address and any other relevant personal information (“Personal Information”).
Authority, agency and power of attorney
4. By using the Service, you authorise ServicePoint and its service and information providers (“ServicePoint Service Providers”), severally, to access third party sites nominated by you, on your behalf, to retrieve and reformat information requested by you. You authorise and permit each ServicePoint Service Provider to use information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For all such purposes, you appoint each ServicePoint Service Provider, severally, as your agent, with full power of substitution and resubstitution, for you and in your name, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ANY SERVICEPOINT SERVICE PROVIDER IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, THAT SERVICEPOINT SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT FOR OR ON BEHALF OF THE THIRD PARTY. You agree that ServicePoint’s third party account providers shall be entitled to rely on the foregoing authorizations and agencies granted by you. Except for those relationships, you understand that ServicePoint has no relationship to or affiliation or connection with any third party sites available for use with the Service. You agree that ServicePoint assumes no responsibility and shall incur no liability with respect to the acts, omissions or determinations of any such third party site.
5. You represent and warrant to ServicePoint that, under the terms of the agreement you have with each of your Information Providers, you are expressly or implicitly permitted to disclose your Account Information to ServicePoint and the ServicePoint Service Providers in the capacities and for the purposes set out above. If you are not currently permitted to so disclose your Account Information to ServicePoint, you undertake in favour of ServicePoint that you will obtain this permission from each of your Information Providers before disclosing your Account Information to ServicePoint.
Rights you grant to ServicePoint
6. Subject to the ServicePoint Privacy Statement, you license to ServicePoint any Account Information, materials or other content (collectively, “Content”) you provide through or to ServicePoint and the Service. ServicePoint may use, modify, display, distribute and create new material using such Content but only to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, ServicePoint may use the Content for the purposes set out above.
Revenues and advertising
7. ServicePoint may rely on advertisers and sponsors to help fund the Service. You acknowledge and agree that we may display advertisements and promotions of all kinds in and with the Services. You understand that we may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties.
Privacy matters
8. We will not sell, exchange, or release your Personal Information to a third party without your express permission, unless required by law or court or governmental order. However, ServicePoint may share or publicly disclose compiled, aggregated data containing no personally identifiable information. ServicePoint may contact you regarding account status and other matters relevant to the underlying service and/or the information collected. This provision and the policies outlined in these terms and conditions and in the ServicePoint Privacy Statement do not imply contractual or other legal rights of any other party. You consent to ServicePoint disclosing your Personal Information to third parties for the purpose of providing the Service and you consent to your Personal Information being transferred by secure methods to secure databases outside Australia for the purpose of providing the Service. Neither ServicePoint nor any of its service providers, content providers, licensors, distributors, employees, contractors or agents (“ServicePoint Parties”) has access to your third party site usernames and passwords. Furthermore, no ServicePoint Party employee can view or retrieve your ServicePoint password.
User’s responsibilities
9. You agree to provide true, accurate, current and complete information about yourself, as requested in our Registration form and you agree to not misrepresent your identity or your account information. Accurate records enable us to provide the Services to you. You must keep your Registration and account information up to date and accurate.
10. You (and any authorised user) will be the only user of the Service in respect of your Account Information and you will not transfer or disclose any of this information to any other person, and you will be responsible for all usage of the Service and any fees associated with use of other services accessed through the Service on your account whether or not authorised by you. An authorised user must also comply with these terms and conditions. Please notify ServicePoint immediately of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
11. You may not use the Service to conduct any business or activity or to procure or solicit the performance of any activity that is prohibited by law. You must comply with all applicable laws, rules, regulations and industry codes of conduct in connection with the Service.
12. You must provide, and are responsible for, all equipment and software (other than any software provided by us) and services necessary to access the Service.
Disclaimers
13. While we will do our best to ensure that your use of the Service is enjoyable and efficient, no ServicePoint Party warrants that: the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the results that may be obtained through the Service will be accurate or reliable; that the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; or that any errors in the technology will be corrected. The Service is made available on an “as is” and “as available” basis without warranties of any kind, whether express, implied (other than those required by statute). You acknowledge that the provisions of this paragraph also apply to all content or other services available through the Service. You will not in any way hold ServicePoint or the ServicePoint Parties responsible for any selection or retention, or the acts or omissions, of third parties in connection with the Service (including those with whom ServicePoint may contract to operate various areas on the Service). Neither ServicePoint nor the ServicePoint Parties accept any liability whatsoever for any charges that you may incur from you Information Provider for data accessed and provided to you through the Service.
14. Any material downloaded or otherwise obtained through the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from ServicePoint or through or from the Service will create any warranty not expressly stated in these terms.
Limitation of Liability
15. Neither ServicePoint nor the ServicePoint Parties accept liability for direct, indirect, incidental, consequential or special damages suffered by you or any other party, regardless of whether or not such parties have been advised or are otherwise aware of the possibility of such damages including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: the use or the inability to use the Service; the cost of obtaining substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service; unauthorised access to or alteration of your transmissions or data; statements or conduct of anyone on the Service; the use, inability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or any other matter relating to the Service.
16. In the event that the limitations of liabilities or remedies available as set out in this Agreement are held by a court to be unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you agree that ServicePoint’s, or any ServicePoint Party’s total liability to you or any party claiming by, through or under you, regardless of the form of action (whether in contract or in tort, including negligence or strict liability), in the aggregate, will not exceed $10,000.00 (AUD).
User indemnity
17. You will indemnify and hold harmless ServicePoint and the ServicePoint Parties from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; trespass; defamation; infringement of privacy rights; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any charges incurred by you from one of your Information Providers for your use of the Service; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
Intellectual property rights
18. ServicePoint’s and the ServicePoint Parties’ company names, trademarks, logos, designs and slogans are the property of their respective owners. You may not use any ServicePoint or ServicePoint Party name or mark in any advertising, publicity or other commercial manner without the prior written consent of ServicePoint or the relevant ServicePoint Party (as the case may be). You may use, copy and distribute the materials found on the Service for internal, noncommercial, informational services only. All copies that you make of the material must bear any copyright, trademark or other proprietary notice that pertains to the material being copied. Except as authorised in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. ServicePoint and/or the ServicePoint Parties retain all such rights.
Feedback treated as non-proprietary
19. Any feedback (including comments, questions, suggestions, criticisms or ideas) that you send to ServicePoint or the ServicePoint Parties will be treated as being non-confidential and non-proprietary. ServicePoint or the ServicePoint Parties may use any ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever (including developing, manufacturing and marketing products and services incorporating such information).
Third party endorsements
20. Trademarks contained on or associated with the Service that are not ServicePoint or the ServicePoint Parties marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites and/or information do not necessarily constitute or imply ServicePoint’s or the ServicePoint Parties’ endorsement.
Modification of the terms of this Agreement
21. We may modify the terms of this Agreement by posting updated versions of this Agreement on this website, or by otherwise providing notice to you. We may discontinue or revise any or all other aspects of the Service in our sole discretion and without prior notice. All such changes will become effective upon posting of the revised Agreement on this website, as to your future use of the Service. The updated version of this Agreement will supersede any prior version of this Agreement. You can review the most current version of these terms at any time by visiting this page.
Term
22. The term of this Agreement commences on the date your completed Registration is accepted by us. Either you or ServicePoint may terminate this Agreement and your use of the Service at any time without reason, with or without notice. Terms 6, 8, 13 to 19 (inclusive), 24, 25 and all obligations of and restrictions on you and any user of your account with respect to the Service will survive any termination of this Agreement.
Assignment
23. ServicePoint may assign its rights under this Agreement at any time without notice. Upon such an assignment, the Agreement will inure to the benefit of any successors in interest to ServicePoint and/or ServicePoint Parties.
Governing law and jurisdiction
24. This Agreement and the Service will be governed by the laws of New South Wales, Australia and you irrevocably consent and submit to the courts of New South Wales in relation to any claim arising from the Service or this Agreement.
General
25. If any provision of this Agreement is held to be invalid, illegal, or unenforceable; the validity, legality, and enforceability of the remaining provisions will not be affected or impaired thereby and this Agreement will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision hereof will not constitute failure of consideration hereunder. The ServicePoint Parties are third party beneficiaries of this Agreement as needed to protect rights specific to them. This Agreement and any modifications published by ServicePoint on the Service constitute the entire and only agreement between you and ServicePoint with respect to the Service.
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ServicePoint takes a consultative approach to all our business partnerships. Speak to ServicePoint today.
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Fully supported and managed HD videoconferencing across your network;
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Infrastructure without capital cost;
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Focus on the business at hand with Better Decisions, Faster™
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ServicePoint takes a consultative approach to all our business partnerships. Speak to ServicePoint today.
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ServicePoint’s unique offerings will provide you with unbiased advice and a services portfolio geared to support your challenging and changing environments in the most cost effective, flexible and scalable way possible.In line with our vendor independent approach, we maintain a high knowledge base of significant vendor products, relationships with key product experts and possess an understanding of each vendor’s technology roadmap. When this knowledge is combined with our analytical skills we are well placed to assist you to evaluate emerging technologies and to assist in developing and adhering to strategic roadmaps for visual communication and collaboration.
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