Terms & Conditions
In these Website Terms and Conditions (Terms), “we” “us” and “our” refers to 1sHc Pty Ltd (ABN: 95004151393). Your access to and use of all content on this website (site) is provided subject to the following Terms. The information is intended for residents of Australia only.
We reserve the right to amend this notice at any time and, your use of the website following any amendments will represent your agreement to be bound by the Terms, as amended. We therefore recommend that you periodically read the Terms and Conditions.
Privacy notice – personal information collection statement
- ABN: 95004151393 is not:
- A party to any agreement that users of the website enter into;
- Responsible for the provision of services under this website.
- These Website Terms apply only to your use of the Site, and the content made available on or through the Site, as an unregistered website user or visitor.
- We reserve the right to terminate your fellowship at any time if you breach these Terms.
- If you use or access any of our physical space, restricted-access web-based services (i.e. those requiring a login), or other services we provide, your use of such space, services or program is subject to the terms and conditions you received or accepted when you signed up for such space, services or program
Accuracy of information
- DeskPlex uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavour to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and DeskPlex will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
- When you visit our website, we give you access to use our information for personal use.
- 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 this website without our prior written permission.
- The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of any metatagging or mirroring of our website.
- The Site and services it describes are available only to individuals who are at least 16 years old, unless we specify otherwise. No one under this age may access or use the Site or provide any personal information through the Site.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. You agree to any terms of access or use imposed by those sites. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
- You may link our website without consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our websites contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual property rights
- The copyright to all content on this website including applets, graphics, images, layouts, text, details, data, illustrations, designs, icons, photographs, video clips, software, scripts, logos and other materials belongs to us or we have a license to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- All other trademarks and service marks appearing on any of the DeskPlex Websites that are not owned by DeskPlex are the property of their respective owners.
- All feedback, comments, ideas and other suggestions submitted by you through this Site will be treated as non-confidential and non-proprietary and may be disclosed or used by DeskPlex for any commercial or non-commercial purpose whatsoever, without any obligation to compensate you. If we use your feedback, comments, ides and other suggestions we will not be liable for any similarities which may appear from such use.
- If you provide us with Comments, Reviews or Testimonials, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- In using this site, you acknowledge and agree that:
- You enter into agreements with other users at your own risk;
- If you enter into an agreement with another user of this site, you will be taken to have contracted directly with that person, and we are not a party to that agreement;
- We do not endorse any user of the website;
- Whilst users of the site are required by these Terms to provide accurate information, we are under no obligation to undertake additional checks to verify or check the identities or backgrounds of users and we do not confirm, endorse or make any representations about any use or the users purported identity or background, nor the safety, quality or legality of the services; and
- We do not have any obligation to conduct background, working with children or police checks on any user.
- The content and/or services provided or made available through the website, are made available to you on an ‘as is’ basis
- Users do not provide any services to us and are not our employees, contractors or agents unless explicitly arranged by us.
- We give no warranty that the content on the website is free from error or omission and you should use your own care and skill when accessing and using it.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded.
- We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. You should protect your software and systems by installing and implementing your own security and system checks.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omission in such material.
- You acknowledge and agree that, to the extent possible under law, we will not be liable:
- for any loss, damage, cost or expense incurred by you in connection with your use of the website, including in respect of services provided by a user; and
- for any act or omission of any user or third party.
Limitation of liability
- This site and its contents are provided by DeskPlex “as is” and “as available” without any representation or warranty of any kind whether express or implied. DeskPlex expressly disclaims all express and implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will DeskPlex be liable to any party for any direct, indirect, punitive, incidental, compensatory, special, consequential, or other damages of any kind whatsoever, loss of data, income or profit, loss of or damage to property, business interruption, or loss of programs or data, arising out of or in connection with this site, any site or services linked through this site, or any copying, display or use thereof, regardless of the legal theory on which the claim is based, even if DeskPlex has been advised of the possibility of such damages, including, without limitation, any damages that result from any mistake, omission, virus, delay or interruption in operation or service regardless of the reason. DeskPlex will not be liable for losses or damages arising out of or any way related to any third party web sites or their content accessed through links in this site, your use of this site or your use of any equipment of software in connection with this site.
- Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.
- By accessing our website, you agree to indemnify and hold us (and all our related entities, employees and officers) harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:
- A breach by you of these Terms;
- Any negligent or fraudulent act, error or mission by you or a third party;
- The use of the site;
- The use of your Fellow Account by you or any third party;
- The publication or transmission of any information that you provide to us for inclusion on the website;
- Loss or damage to any property or injury to or death of any person cause by an act or omission by you;
- Your violation of any rights of a third party; or
- Any claim by a third party against us relating to:
- Your use of the website (or use of the website by any person who accessed the site using your Fellow account); or
- Any information that you provide to us via the website.
Restrictions on use
- This Site and its contents may be used solely for your own personal, non-commercial use.
- Any other use of the Site or the contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy cashing, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of DeskPlex.
- You must not (permit a third party to) upload, post or submit any data or information to or via the website (or provide us with any data or information in connection with the site), nor otherwise use the site:
- to engage in any activity which breached any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;
- to infringe our intellectual property rights (including our trade marks and copyright) or the intellectual property rights of any third party;
- in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal;
- in any way that infringes applicable anti-discrimination laws;
- in any way that constitutes misuse, or resale or other commercial use, of the website (or any content and/or services provided or made available through the website); or
- in a way that is regarded by the public or media as unacceptable or which brings our reputation into disrepute or which is otherwise prejudicial or detrimental to our reputation.
- You may view and print a copy of the contents displayed on the Site and, download a copy of any contents that is designated for downloading, for your personal use only but you may not alter the contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the contents are not transferred to you by copying or downloading the material. The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and DeskPlex.
- You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information):
- to satisfy any law, regulation, or government request;
- if the disclosure is necessary or appropriate to operate the Site; or
- to protect the rights or property of DeskPlex, its affiliates, and you.
- These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those Courts.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision in these terms is invalid under any law the provisions will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
Variation, suspension, termination
- We may:
- change all or part of the website (including the availability of any feature or content) or suspend access to the site at any time for any reason, without having to give you notice;
- impose limits on certain features or restrict your access to all part of the website, without having to give you notice;
- terminate your access to the site without notice to you;
- edit remove or alter any content provided by you in our sole discretion.
- DeskPlex reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address and disable your access to the site.
- We undertake all due care with any information including Comments, Reviews, Testimonials which you may provide to use when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- Subject to the following clause, any claim or controversy related to these Terms and Conditions or relating to this Site will be settled by arbitration. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
- If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only.
- These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).
Online Systems – Portal and App
- If you download any DeskPlex mobile device application, then, subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to install and use the Application on a compatible mobile device that you own or control for your use, in each case in the manner enabled by us, for so long as you remain in good standing with your Fellowship Plan.
- You agree to ensure that your registration details and any other details you enter into to our online systems are true and accurate at all times and you assume to update your registration details from time to time when they change.
- On registration to our online systems, you agree to pay for our services as set out on our website.
- Setting up your account. In order to set up your account on the Portal or App, you will require a Password and Username which we will provide to the Fellow. Fellows then have the option to change their username and password through the portal profile settings. You shall be responsible for the security of your password and username. You should notify us immediately if your Password and username has been misused or made available to non-authorised personnel, in which case we will send a new username and password. We accept no liability for the misuse of any password or username by you or any of your employees.
- When you use a Fellow username, password or other access mechanism to access our Online Systems, you must:
- comply with the terms and conditions that relate to the access mechanism;
- keep the access mechanism secure at all times; and
- not disclose the access mechanism to, or share it with, others.
- You must not use an access mechanism to access our online systems if:
- it has not been issued to you; or
- it has been revoked by us or it’s issuing authority
- Data about individuals and entities provided to you through our Online System(s) is confidential. You are responsible for maintaining the security of the data and preventing its disclosure to persons who are not authorised to access that data. If your computer or other smart device will be unattended, you must log out from the Online System(s) or lock your computer or smart device.
- You are responsible for protecting and maintaining the confidentiality of the information related to the use of the Online System(s). We recommend that you:
- never disclose your Fellow ID and password to anyone;
- keep your computer or smart device software up to date, especially with security upgrades;
- ensure that your anti-virus software is current and running on your computer or smart device at all times;
- ensure that you have intrusion protection software – commonly referred to as a “firewall”;
- avoid opening, running, installing or using programs/files you have obtained from a person or organisation unless you are certain that you can trust them;
- log out when you are finished using an Online System(s) to avoid others accessing your account; and
- conduct secure disposal practices such as cleaning of the hard disk on disposal of your computer or smart device.
- To use the online system(s) to access data relating to, or to carry out a transaction for another person, you must be currently authorised by that other person to access that data or carry out that transaction on their behalf and, that authorisation must not have been revoked.
- Personal information submitted into DeskPlex’s Online system(s) is collected by DeskPlex to enable it to establish and authorise access to the Online System(s).
- DeskPlex can limit your ability to use the Online System(s) and, has the ability to terminate your access to these online system(s).
- DeskPlex can monitor and review the activities of users of these online system(s).
- Our online system(s) may not contain all the information that you need. They may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under out control and we are not responsible for the contents of any linked website or any hyperlinks contained in the linked website.
- We are not liable for any loss or damage incurred as a result of, or in connection with your access to, or use of, the online system(s).
- You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Online System(s).
- The information in the online system(s) is provided for general guidance only. It is not and should not be regarded as any form of professional advice, nor relied upon. You are encouraged to seek your own professional advice to find out how the information on these Online system(s), as amended from time to time, applies to your particular circumstances.
- We reserve the right to terminate your Fellowship and/or Fellowship account at any time if you breach these Terms.
- Our information is intended to be used by Fellows within Australia only.