This Website and all content is operated and owned by Flexpertise Pty Ltd (ABN 94 090 631 066) and its related entities (Impact360). In these Terms and Conditions “we”, “our” and “us” refers to Impact360. By using this Website, you agree to all of these Terms and Conditions (Terms).
(3) Intellectual Property
The content displayed on this Website, including photographs, artwork, names, logos and trademarks, are the property of Impact360 or are included with the permission of the relevant owner. You must not use any trademarks or logos which appear on this Website or do anything to prejudice the rights of the owner or licensee of such trademarks or logos. You are not permitted to publish, manipulate, distribute or otherwise reproduce any content from this Website, in any format, without the consent of Impact360.
Some content displayed on this site may also have been extracted directly from the organisation’s website or from a document made publicly available by the organisation on its website or has been provided directly by the organisation for inclusion in this website. No ownership of intellectual property is claimed or sought by Impact360 in this content.
We do not warrant access to the Website will be uninterrupted or that the Website is free from faults or viruses and reserve the right to discontinue, suspend, withdraw or amend access to the Website at any time and for any reason. We will not be liable if for any reason this Website is unavailable at any time or for any period. These Terms will survive any such discontinuance, suspension, withdrawal or amendment.
(5) Assumption of Risk
Users use the internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Impact360 has endeavoured to create a secure and reliable website, the confidentiality of any communication or material transmitted to/from this website over the internet cannot be guaranteed. Accordingly, Impact360 and its licensors and suppliers are not responsible for the security of any information transmitted via the internet. You assume the sole and complete risk of using the website.
(6) Website Content
While care has been taken to ensure the content on the Website is accurate, we do not warrant the accuracy, reliability, timeliness, adequacy or completeness of the content. We reserve the right to make any necessary corrections at any time and without notice.
The content and the Website are provided “as is” and Impact360 hereby disclaims any representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability, fitness for any particular purpose or non-infringement of any of the content, including any impact360 ratings or reports.
Certain portions of the Website may require a password. As part of the registration process, you may be required to select a username (email address) and password and provide Impact360 with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Website and the information available to you. Accordingly, you must keep your password secret.
By agreeing to these Terms, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Website using your password. You will also immediately notify Impact360 if you become aware of any loss or theft of your password or any unauthorized use of your password. Impact360 reserves the right to delete or change a password at any time and for any reason.
(8) Impact360 Ratings and Reviews
Ratings and Reviews, prepared, issued or published by Impact360 must be construed solely as, statements of opinion and not statements of fact.
The information upon which the Impact360’s ratings and reports are based, and any other content displayed on the Website, is obtained by Impact360 from sources Impact360 believes to be reliable and upon which Impact360 forms an opinion. Impact360 does not audit the information it receives in connection with the rating process, and it does not and cannot independently verify that information in every instance. The extent of any factual investigation or independent verification depends on facts and circumstances. To provide a Rating and a Review, Impact360 considers the available information and provides its opinion, on a best efforts basis.
Any opinion expressed, in the form of a rating or review, is the sole opinion of Impact360 and users of the site should form their own opinion on the subject of the rating or review.
(9) Stakeholder Ratings and Reviews
- These terms specifically apply to any user who chooses to use the stakeholder ratings platform. Use of the Website and the stakeholder ratings feature, including the submission of a stakeholder rating (Rating) or a stakeholder review (Review), constitutes acceptance of these Terms.
- The Ratings and Review feature on the Platform allows you, as a user, to leave a rating or review of an organization.
- Ratings and Reviews reflect your opinion as a stakeholder of the relevant organization, and are not an endorsement of, nor do they reflect the opinion of Impact360.
- You are prohibited from Rating or writing Reviews that do not represent your personal experience. Impact360 will not in any way be responsible or liable for such Ratings and Reviews.
- Impact360 may at any time, without liability to you, remove Ratings and Reviews, in its sole discretion and without prior notice to you, if it is of the opinion such Rating or Review is in breach of these terms.
Ratings and Reviews must not contain any inappropriate content. Using this feature for any unlawful, illegal, malicious or improper purpose or in a way that is inappropriate having regard to our need to maintain the quality of the Impact360 platform and ensure a positive experience for users of the Website, is prohibited. For example: it is not acceptable, in your use of this feature, to include material which:
- may defame, be misleading or deceptive, or be materially incorrect.
- may disclose private, personal or confidential information.
- might be considered obscene, menacing or abusive.
- might infringe the intellectual property rights of others.
- has been solicited by any incentive or payment.
- directly or indirectly involves advertising or marketing of products and services.
- is inappropriate or irrelevant having regard to the purpose of the Ratings and Review feature and the Impact360 Platform.
- is a duplicate of another Rating or Review on the Impact360 Platform.
- might violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.
- By submitting a Rating or Review, you grant to Impact360 an irrevocable, perpetual, non-exclusive, world-wide, royalty free, transferable, fully sub-licensable licence to use, reproduce, publish, communicate to the public, copy, translate, distribute, license to other persons, create derivative works, and adapt your Rating or Review for any purpose related to our business.
- You warrant that by submitting a Rating or Review you will not infringe the intellectual property rights (including copyright) of a third party.
- To the extent that you have any moral rights (as defined in the Copyright Act 1968 (Cth)) in any Rating or Reviews, then you waive all such moral rights, and in the event such waiver is not possible you agree to Impact360 making all uses of the Ratings and Reviews in its sole discretion.
- You indemnify and hold Impact360 and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to the Impact360 Platform or posting of Ratings and Reviews, in breach of these Terms.
- You acknowledge that Impact360 may determine whether or not to attribute the Reviews to you or remain silent on the attribution.
(10) Orders – Product
In order to contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank accepted by us. We reserve the right to accept or reject an order for any reason at any time. All orders are subject to availability of goods and confirmation of the price.
When you place an order, you will receive an e-mail confirming receipt of your order. This is not an order confirmation or order acceptance from us. Your order constitutes an offer to us to buy a particular product(s). Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of product ordered unless we have notified you that we do not accept your order, or it has been cancelled.
All prices are in Australia Dollars and inclusive of GST. Delivery charges may apply and this cost will be included during the order process. We reserve the right to change or alter prices without notice. We use reasonable endeavours to ensure all pricing on the Website is accurate and current. If we discover a genuine error in the price of the goods or services which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
10.3 Availability of goods
We use reasonable endeavours to ensure goods ordered are available for delivery and will endeavour to contact you if we are unable to fulfil all or part of your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. We may, at any time and without notice, withdraw or suspend from sale any goods displayed on our Website, either temporarily or permanently. We will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of goods from sale.
Any payment for an order must be cleared by us before goods are dispatched. If your payment cannot be processed, your order will be rejected and we will endeavour to notify you of this.
10.5 Order Cancellations
Unless agreed by us, you may not cancel or make changes to your order. You should carefully check your order is accurate before you submit it. You may, however, be able to return goods. Please contact us to discuss.
10.6 Promotion/Discount Codes
If you have a discount or promotional code it is your responsibility to ensure this is entered in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.
10.7 Gift Cards
Gift cards are non-refundable, non-transferable and cannot be redeemed for cash. No change will be given for a purchase made with a gift card however another gift card will be issued if the total amount is not redeemed. Any unused balance will not be refunded or credited when the card expires. Gift cards cannot be replaced if lost or stolen.
(11) Limitation of Liability
In no event shall Impact360 or its directors, officers, employees, independent contractors, consultants, agents, affiliates and representatives (collectively, “Impact360 representatives”) be liable to you or anyone else for: (i) any inaccuracy, delay, interruption in service, error, or omission, regardless of cause, or for any damages resulting therefrom, or (ii) any direct, indirect, incidental, special, compensatory, punitive or consequential damages, including, without limitation, lost time, lost money, lost profits, lost data, loss of use, damage to good will or reputation, or the cost of procurement of substitute goods or services whether in contract, tort, strict liability, or otherwise, and whether or not such damages are foreseen or unforeseen, even if Impact360 is advised in advance of the possibility of such damages, with respect to: (a) any use of, or inability to use, the Website or for any decision made or action taken in reliance on, the ratings, rating reports or other content on the Website, or (b) any error (negligent or otherwise) or other circumstance or contingency within or outside the control of Impact360 or any Impact360 representatives in connection with, or related to, obtaining, collecting, compiling, analyzing, interpreting, communicating, publishing, or delivering any information forming part of the content.
Notwithstanding anything to the contrary herein, the aggregate liability of Impact360 and its related entities to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to $100.00.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other states or territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, Impact360’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at its option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
You must not cause or attempt to cause damage or interference with the normal functioning of the Website or any material or content displayed on the Website.
By accessing this Website, you agree not to:
(i) use or attempt to use any automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, or content found on or accessed through the Website without the prior express written consent of Impact360;
(ii) obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
(iii) attempt to violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any Impact360 server, through hacking, password mining or any other means;
(iv) interfere or attempt to interfere with the operation of the Website;
(v) take or attempt any action that, in the sole discretion of Impact360, imposes or may impose an unreasonable or disproportionately large load or burden on the Website.
You must indemnify Impact360, its directors, officers, employees, consultants, agents, and affiliates, from and against all actions, demands, damage and expenses for which Impact360 may become liable arising from your use of this Website or your breach of these Terms and Conditions.
(14) Links to Third Party Websites
You may, through hypertext or other computer links, gain access to websites operated by persons other than Impact360. Such hyperlinks are provided for convenience only. Impact360 does not endorse the content, the operator or operations of third party websites.
Impact360 is not responsible for the content or operation of such websites and Impact360 shall have no liability to you or any other person or entity for the use of third party websites. A hyperlink from this Website to another website does not imply or mean that Impact360 endorses the content on that website or the operator or operations of that Website. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from this Website.
Impact360 may, in its absolute discretion at any time and without notice amend, review and update these Terms and Conditions, and/or any content on the Website.
A single or partial exercise or waiver by us of a right relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right.
If a provision of these Terms and Conditions does not comply with any applicable law, it must be read down so it does comply. If that is not possible, the provision must be severed from these Terms and Conditions.
(18) Entire Agreement
These Terms and Conditions contain the entire understanding of the parties and all preceding and contemporaneous agreements between you and Impact360, whether expressed or implied affecting this subject matter, are superseded by these Terms and Conditions.
(19) Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws in force in Victoria, Australia. In the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
(20) Contact Us
If you have a concern, query or complaint relating to our Website or these Terms and Conditions, please contact us:
- Email: email@example.com
- Telephone: +61 3 9017 8111
- Impact360 Group P O Box 5045 Glenferrie South VIC, 3122
These Terms and Conditions were last updated on August 2022