TERMS AND CONDITIONS

USER AGREEMENT

  1. Access to the website
    1. The internet website with the URL www.addo.net.au and associated websites (collectively the "Website") is owned and operated by ("ADDO").
    2. This legally binding agreement governs the use, purchase or supply (as applicable) of the products, services, information, data, text, graphics, materials, software (including third party software), and other content available on the Website ("Website Material") by people who access the Website (“you”) ("User Agreement").
    3. Other written agreements may be entered into between you and ADDO, and (if applicable) a third party in respect of your use or purchase of ADDO’s products or services ("Other Agreement"). This User Agreement is to be read in conjunction with any such Other Agreements.
    4. Please read this User Agreement carefully before accessing or using the Website or proceeding any further. The Website is offered to you on the condition that you have accepted this User Agreement without modification. By accessing the Website you agree that you have read, understood and will be legally bound by this User Agreement.
  2. Variation and amendment
    1. ADDO may amend this User Agreement at any time and all amendments will take effect immediately upon the posting by ADDO of the amended User Agreement on the Website. If you have commenced any transaction prior to ADDO posting the amended User Agreement on the Website, that transaction will be affected in accordance with the User Agreement in place at the time of the commencement of the relevant transaction. You are responsible for regularly reviewing this User Agreement and your continued use of the Website constitutes your agreement to any such amended User Agreement. If you do not agree to any amended User Agreement, you must stop using the Website and the Website Material.
    2. ADDO may modify, suspend, discontinue or vary the Website Material, any features or functions of the Website or the availability of the Website or any Website Material at any time in its absolute discretion.
  3. Your access to the Website
    1. The Website may contain an application which will enable you to make payments to ADDO of amounts due by you to ADDO under a product or service which ADDO has supplied to you (whether through the Website or otherwise) (“Payment Section”).
    2. Your access to the Payment Section, or other parts of the Website, may be via a secure login username and password issued by ADDO (“Password”).
    3. You are responsible for:
      • providing and maintaining accurate, current and complete information about you as may be required by any registration forms on the Website;
      • the use of the Password to gain access to the Payment Section or other secure part of the Website; and
      • the security of any username and Password used by you to access the Payment Section or other secure part of the Website and ADDO will not be responsible for any unauthorised access to the Payment Section or other secure part of the Website or misuse of a username or Password.
    4. You must notify ADDO us of any change in username or Password and any suspected or actual unauthorised access to a username or Password and if a person is no longer entitled to use a username or Password.
    5. ADDO reserves the right to cancel a username or Password at any time in its absolute discretion.
  4. Your use of the Website
    1. You must not violate or attempt to violate the security of the Website. Without limiting the forgoing, you must not hack into the Website, ADDO's computer systems or the computer systems of other users of the Website. For the purposes of this clause “hacking” includes unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
    2. You must not:
      • use the Website to post or transmit any information or materials which breach any laws or regulations, infringe the legal rights of any person, are contrary to any relevant standards or codes or intimidate, harass or offend any person or are reasonably likely to do so;
      • use the username or Password of any other Website user without the permission of that Website user;
      • provide false information or misleading information to ADDO or to any other person via the Website or in respect of your use of the Website;
      • use the Website to post or transmit any information or materials that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
      • use the Website to post or transmit private or personal information of any third party without their express consent, including, without limitation, addresses, phone numbers and email addresses;
      • use the Website to post or transmit any files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software;
      • use the Website to post or transmit any information or materials which could be considered obscene, indecent, inflammatory, harassing, fraudulent or that could give rise to civil or criminal proceedings;
      • modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Website;
      • attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in the Website;
      • distribute any part of the Website for commercial purposes or other otherwise sub-licence or resell the Website;
      • create derivative works from all or any part of the Website; or
      • attempt to do any of the above or assist or permit any other person to do or attempt to do any of the above.
    3. You must comply with all directions ADDO gives to you regarding your access to or use of the Website (including directions posted on the Website).
  5. Acquisition of products and services
    1. The Website may contain an application which will enable you to request that ADDO provide you with a quote for the supply of products or services by ADDO to you or otherwise provide you with further information about products or services supplied by ADDO (“Request for Quote”).
    2. A Request for Quote must not be made by persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts or otherwise acquiring the relevant products or services.
    3. Any information or quote provided by ADDO in respect of a Request for Quote does not constitute an offer by ADDO to you capable of acceptance and may only be considered an invitation to treat to supply products or services to you.
    4. Any offer made by you through the Website to acquire products or services supplied by ADDO is subject to written confirmation and acceptance by ADDO. ADDO reserves the right to accept or reject any offer you make at any time prior to your receipt of ADDO's written acceptance. ADDO may reject your offer for any reason, including without limitation because of the unavailability of any product or service or an error in the price or description of any product or service specified on the Website.
    5. ADDO may act on, process or complete electronic messages transmitted by you through the Website without further consultation with you. If ADDO requires you to sign, execute, accept in writing and/or return a document to ADDO, that signature, execution, written acceptance and return may be made by an electronic acceptance function available on the Website. If you use this electronic acceptance function, it will have the same effect as if you had physically signed, executed, accepted in writing and returned the document to ADDO.
  6. Payments
    All payments (including any applicable taxes) must be made in full and in readily available funds, on or before the due date as specified on the Website, in any Other Agreement or as otherwise notified to you by ADDO. The terms of any Other Agreement will prevail over this clause.
  7. Website availability and security
    1. From time to time the Website may be unavailable for access or use (including for the undertaking of maintenance and upkeep of the Website). ADDO will work within reason to limit the amount of time the Website is unavailable. ADDO will not be held liable for the consequences of any Website unavailability and does not make any representations or provide any warranties regarding the availability of the Website or the timeframes within which any unavailability in respect of the Website will be resolved.
    2. ADDO will take all reasonable steps to ensure the security of the Website, including by implementing and maintaining reasonable and current data protection procedures and technologies. However data transmissions over the internet cannot be guaranteed to be totally secure. Whilst ADDO strives to protect information you transmit to ADDO or which ADDO stores, ADDO does not warrant and cannot ensure the security of such information.
    3. You acknowledge that ADDO does not provide back up or other similar services in respect of the Website Material.
  8. Intellectual Property Rights
    1. Unless specified otherwise by ADDO on the Website, all of the intellectual property rights in the Website (including any modification, alteration, development, new use or other change to Website) and any Website Material, is owned by ADDO, its related bodies corporate or third parties that have licenced the relevant material to ADDO, and you agree not to infringe any intellectual property rights in the Website or any Website Material (whether owned by ADDO or a third party. 
    2. Any intellectual property in respect of the Website created by you is assigned to ADDO immediately upon its creation.
    3. If you post, upload or submit any information, material or other content to the Website, you grant ADDO a perpetual, irrevocable, royalty free, non-exclusive and fully sub-licensable right to use, reproduce and otherwise exploit all such information, material or other content throughout the world and for such purposes as ADDO considers appropriate (in ADDO’s sole and absolute discretion).
    4. You may view the Website and the Website Material using your web browser and electronically copy and print hard copies of parts of the Website and the Website Material solely for your personal, non-commercial use. Unless permitted by law, any Other Agreement, or with the express consent of ADDO, any other use, including the reproduction, modification, distribution, transmission, republication, display, storage, adaption, linking to, uploading or communication to the public, of the Website or Website Material is strictly prohibited. Unless otherwise specified, reproduction of part or all of the Website or Website Material is prohibited other than for the sole purpose of your personal, non-commercial use and may not be recopied and shared with a third party. The permission to copy by an individual for personal, non-commercial use does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form and you must not create any derivative works using the Website Materials or otherwise incorporate the Website Materials in any materials or other content created by you or on your behalf.
    5. All rights not expressly granted are reserved. You acknowledge and agree that the only rights you will have in respect of the Website and Website Materials are the rights (if any) specifically granted under this User Agreement or under an Other Agreement.
  9. Third party sites and content
    1. The Website may contain links to third party websites (“Third Party Sites”) and third party content, including claim forms (“Third Party Content”). ADDO is not responsible for the preparation, development or condition of the Third Party Sites or the Third Party Content and makes no claim or representation regarding Third Party Sites or Third Party Content. You acknowledge and agree that all access to and use of any such Third Party Sites and use of a Third Party Site's products and services or Third Party Content is solely at your own risk. Links to any Third Party Sites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by ADDO of the Third Party Sites or the products or services provided on the Third Party Sites.  
    2. You must not link to the Website without the prior written permission of ADDO.
  10. Third party providers to ADDO
    Parts of the Website or the Website Materials, including the Payment Section, may be outsourced to third party providers (“Third Party Services”). This User Agreement applies to any outsourced products, services or other materials unless you are notified by ADDO of alternate terms of use. ADDO is not responsible for the provision of any Third Party Services and makes no claim or representation regarding the Third Party Services.
  11. Viruses
    ADDO cannot guarantee that any file, document, application or program available for download and/or execution from or via the Website is free from viruses, malicious code or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs, documents, applications and files on the Website, and you release ADDO entirely of all responsibility for any consequences of its use.
  12. Warranty and Disclaimer
    1. You agree that your access to, purchases or supplies under and use of the Website and Website Material is subject to this User Agreement (which incorporate ADDO's Privacy Policy and any Other Agreement) and all applicable laws, and is at your sole risk. The Website and the Website Material are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current. All terms implied by law, except those that can not be lawfully excluded, are excluded.
    2. ADDO makes no representations, warranties or guarantees of any kind, express or implied, as to the operation or suitability of the Website or the Website Material, except as otherwise provided under applicable laws and ADDO does not warrant or guarantee that the Website will be compatible with, or capable or being used on or in connection with, your computer and communications systems.
    3. The information contained on the Website or in the Website Material does not purport to contain all the information that you may need before purchasing a training program or product from ADDO. Before purchasing a policy, you should conduct your own independent review, investigations and analysis of the products offered and, where necessary, consult professional advisors. The information in this Website and in the Website Material, including (without limitation) any tools, calculators, articles, statements, forms, representations, is of a general nature only. In preparing the content on this Website and the Website Material ADDO did not take into account your personal needs, objectives or financial situation. Unless expressly specified otherwise by ADDO, such information does not amount to an offer by ADDO, a representation or warranty by ADDO and will not form part of any agreement you may enter into with ADDO regarding ADDO’s products and services.
    4. Before acting on information contained on this Website or in the Website Material you should consider whether it is appropriate for you and consider the risk factors in light of your personal circumstances. Except insofar as liability under any law cannot be excluded, ADDO takes no responsibility for the information contained in this Website or in the Website Material or in any other way for any errors or omissions.
  13. ADDO does not purport to provide any financial, taxation or other professional advice through the Website Materials. Before acting on information contained on this Website or in the Website Material you should consider whether it is appropriate for you and consider the risk factors in light of your personal circumstances. You are encouraged to seek independent professional advice prior to making any financial decisions, including any decisions in respect of ADDO’s products and services. Limitation of liability
    1. Nothing in this User Agreement should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) (“Australian Consumer Law”) or your rights to make a claim in respect of any consumer guarantees or other provision of the Australian Consumer Law.
    2. Subject to clause 13(d), if you are not a “Consumer” for the purposes of section 3 of the Australian Consumer Law then, to the extent permitted by law, ADDO excludes all liability for any liability, claim, loss (including consequential loss and loss of profit), damage, cost and expense (“Loss”) incurred by you as a result of, or in connection with, this User Agreement, the Website or the Website Material. This clause applies even if ADDO knew or ought to have known that it was possible or foreseeable that you would incur such Loss.
    3. Notwithstanding clause 13(b), if you are a Consumer and the goods or services provided under this User Agreement are goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption, ADDO’s liability to you is limited at ADDO’s option to:
      • in the case of goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      • in the case of services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
    4. Notwithstanding clause 13(b), if you are a Consumer and goods or services supplied under this User Agreement are goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use, ADDO excludes all liability for any Loss incurred by you as a result of this User Agreement, the Website or the Website Material to the extent such Loss is not the result of a breach of a consumer guarantee or any other provision of the Australian Consumer Law (or any other relevant law for which liability cannot be excluded).
    5. Notwithstanding or limiting any other provisions under this User Agreement and subject to the provisions of the Australian Consumer Law (or any other relevant law for which liability cannot be excluded or limited), the maximum aggregate liability of ADDO to you arising out of or in connection with this User Agreement, the Website or the Website Material will in no event exceed an amount equal to the amount of any payment made by you to ADDO in connection with this User Agreement, the Website or the Website Material.
  14. Indemnity
    You indemnify ADDO in respect of any liability incurred by ADDO for any Loss howsoever caused, or suffered by ADDO as a result of your breach of this User Agreement or any negligent act or omission by you.
  15. Privacy
    1. For the purposes of this clause:
      • Privacy Act” means the Privacy Act 1988 (Cth), enacted, and amended from time to time, by the Parliament of Australia.
      • Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not, and includes sensitive information.
      • Privacy Laws” means the Privacy Act, including the 13 Australian Privacy Principles.
    2. You acknowledge that you have read and understood ADDO’s privacy policy (“Privacy Policy”) and you agree to ADDO collecting, storing, using, disclosing and otherwise handling your Personal Information, for any of the purposes set out in the Privacy Policy or otherwise in accordance with law.
    3. You understand that:
      • you do not have an obligation to provide any Personal Information to ADDO, or agree to this User Agreement, but in the event that you do not, you may not be able to access the Website or acquire products and services from ADDO;
      • you may request access to, or correction of, your Personal Information held by ADDO in accordance with the Privacy Policy; and
      • you may make enquiries or complaints about ADDO’s handling of your Personal Information in accordance with the Privacy Policy.
  16. Force Majeure
    ADDO will not be liable for a failure in the performance of obligations under this User Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond ADDO's reasonable control.
  17. Termination
    ADDO reserves the right to terminate this User Agreement at any time. ADDO shall not be liable to you for any Loss whatsoever for terminating this User Agreement. Upon the termination of this User Agreement taking effect ADDO may restrict your access to certain parts of the Website or to all of the Website.
  18. Applicable Law
    Your use of the Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
  19. Overseas Access
    The Website may be accessed throughout Australia and overseas. ADDO makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
  20. General
    1. The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this User Agreement.
    2. This User Agreement is not subject to any terms proposed by you unless those terms are expressly accepted by ADDO in writing.
    3. Failure of either party to enforce any rights it has under this User Agreement will not be construed as a waiver of those rights, nor a limitation on the party's ability to subsequently exercise those rights.
    4. This User Agreement is to be read in conjunction with an Other Agreement and any transaction contemplated under the Other Agreement which may be conducted via the Website will be governed by the terms of this User Agreement and the applicable Other Agreement. However, except to the extent required to give effect to this clause, the terms of an Other Agreement will prevail to the extent of any inconsistency between this User Agreement and the terms of the Other Agreement.
    5. If any provision of this User Agreement is held to be void, invalid or unenforceable, then that provision is severed to the minimum extent required, and the remaining provisions will remain in full force and effect.
    6. No provision of this User Agreement will be construed to the disadvantage of ADDO merely because ADDO was responsible for the preparation of the User Agreement or the inclusion of the provision in the User Agreement.