User Agreement for iproconnect.com.au

This is an important document which you must consider carefully when choosing whether to use the www.iproconnect.com.au website at any time.

This Agreement was last modified on 11th February 2015.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH IPROCONNECT.COM.AU OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

This user agreement ("User Agreement" or "Agreement") is a contract between you and Devolvo Pty Ltd (ABN 66 164 922 169) trading as IproConnect, if you are a user of www.iproconnect.com.au.  IproConnect operates the www.iproconnect.com.au website ("Site").  The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and IproConnect as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your iproconnect.com.au account ("Account") or the Services provided by us on the Site ("Services"), if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.

Amendment of User Agreement

iproconnect.com.au. may amend or modify this User Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1. ELIGIBILITY

Iproconnect.com.au offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of iproconnect.com.au's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.

2. USERS

The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.

iproconnect.com.au. provides a venue to introduce Users who wish to provide professional services (“Independent Professionals” or "IPros") to organisations that seek such professional services ("Clients") (respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify Clients and view contact information related to potential work opportunities.   

3. LEGAL RELATIONSHIP BETWEEN YOU AND IPROCONNECT.COM.AU.AU

3.1 Termination

Iproconnect.com.au reserves the right to terminate the participation of any User without reason but expressly including any User that iproconnect.com.au. judges to be in violation of the User Agreement. Without limiting the foregoing, iproconnect.com.au may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.2 No Insurance

Iproconnect.com.au does not offer any form of insurance or other Independent Professional protection which will assist you, because our Site merely provides the online venue for Users to view professional services opportunities and we are not otherwise involved in the transactions and interactions between Clients and Independent Professionals. However, some forms of payment permitted on the Site, such as credit card, may offer limited Independent Professional protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.

3.3 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User or Client.

3.4 Services offered by iproconnect.com.au

Iproconnect.com.au offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Independent Professionals and to enable Independent Professionals to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.

Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and iproconnect.com.au and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.5 Terms of use

The User understands and agrees to the following terms:

Our Site acts as an online venue to allow Users to find professional services opportunities. As a result you acknowledge and agree that iproconnect.com.au has no control over the quality or legality of the professional services provided by Users, or the ability of Independent Professionals to provide the services or the Clients to pay for the services. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site.

Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s).

The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by iproconnect.com.au or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

Iproconnect.com.au provides unmonitored access to third-party content. iproconnect.com.au is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Iproconnect.com.au does not control nor always review the web sites to which we link from the Site. iproconnect.com.au, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

Iproconnect.com.au does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Iproconnect.com.au expects that the User will undertake necessary activities and practices and will use caution and common sense when using iproconnect.com.au for User's Account.

3.6 Promotion

You agree and acknowledge that unless explicitly requested, iproconnect.com.au may display your company name, logo and public description of your projects and profile as part of the iproconnect.com.au website(s) and / or other iproconnect.com.au marketing materials.

3.7 Notices: Consent to Contact

You consent to iproconnect.com.au contacting you by electronic means as part of delivering the services outlined in this User Agreement. Additionally you consent to being contacted by electronic means by iproconnect.com.au for the marketing of campaigns, offers, new products or services.

4. FEES

All fees are set forth in the summary of iproconnect.com.au's fees and charges which can be found on the Site.

5. ACCOUNTS

5.1 Opening Account

To become a User and access the Site and Services you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

5.2 Accounts

Any User that iproconnect.com.au removes from the service due to violation of the User Agreement will receive no credit or payment.

6. USER CONTENT

6.1 Independent Professional

The Independent Professional agrees that:

  • The Independent Professional will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, and support tickets.
  • The Independent Professional will not falsify IproConnect's own or any other identity.
  • The Independent Professional will comply with all iproconnect.com.au policies as posted on the Site from time to time.

6.2 Prohibited use of Site content

The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video,  reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

  • use this Site or its contents for any commercial purpose;
  • access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Site for any purpose without our express written permission;
  • "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.

6.3 General restrictions

Users agree that:

  • Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of iproconnect.com.au.
  • Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
  • Users will not contact Independent Professionals through the Site or through information gained from our Site with the intent of subverting them from using our Services.
  • Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
  • Users will not create multiple user Accounts for any reason, or under any circumstance.  

6.4 Consequences of termination

In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from iproconnect.com.au.

Without limiting iproconnect.com.au's other remedies, to the extent you are in violation of this User Agreement, you must pay iproconnect.com.au for all fees owed to us and reimburse us for all losses and costs (including any and all iproconnect.com.au employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and iproconnect.com.au agree that the damages that iproconnect.com.au will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Independent Professionals, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then iproconnect.com.au may fine you up to $3,000.00 for each such violation and/or iproconnect.com.au may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to $3,000.00 is presently a reasonable pre-estimate or minimum estimate of iproconnect.com.au's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to iproconnect.com.au that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

Users that are terminated by iproconnect.com.au on any basis other than violation of this User Agreement will be entitled to receive any payment due from iproconnect.com.au.

In the event of termination, you will have no claim whatsoever against iproconnect.com.au in respect of any such suspension or termination of your membership.

6.5 Account Verification

If you do not complete account verification when requested within 12 months of the date of request, your account may be subject to termination.

7. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

Your personal information will be processed by iproconnect.com.au in order to fulfill the agreement with you, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between iproconnect.com.au and any associated entity within the iproconnect.com.au organisation.

Iproconnect.com.au discloses sensitive personal information only if required to comply with legal obligations or with your consent.

8. TRADEMARKS

Iproconnect.com.au and IproConnect are trademarks of Devolvo Pty Ltd (ABN 66 164 922 169).

9. COPYRIGHT

9.1 Copyright of iproconnect.com.au

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of iproconnect.com.au and are protected by Australian and international copyright laws.

10. NO WARRANTY

Iproconnect.com.au is not involved in the actual transaction between Independent Professionals and Clients. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, iproconnect.com.au does not represent or warrant that:

  • the Site will be accurate, reliable, uninterrupted, secure or error-free;
  • defects in the Site will be corrected;
  • the Site or the server that makes it available are free of viruses or other harmful components.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to iproconnect.com.au, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.

To the extent that iproconnect.com.au is able to limit the remedies available under this User Agreement, iproconnect.com.au expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at iproconnect.com.au's sole discretion) :

(1) in the case of goods, any one or more of the following:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and

(2) in the case of services:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

However, if you are considered a consumer under an Australian consumer protection law that applies to iproconnect.com.au, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.

11. LIMITATION OF LIABILITY

11.1 Limitation of liability

In no event shall iproconnect.com.au, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  • any indirect, special, incidental or consequential damages that may be incurred by you;
  • any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
  • The limitations on iproconnect.com.au's liability to you above shall apply whether or not iproconnect.com.au, its affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of iproconnect.com.au and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

11.2 Jurisdiction's Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

11.3 Bar to action

iproconnect.com.au may plead this User Agreement in bar to any claim, action, proceeding, class action or suit brought by you, against iproconnect.com.au for any matter arising out of any transaction or otherwise in respect of this User Agreement.

12. INDEMNITY

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

13. APPLICABLE LAW

Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Victoria, Australia. You and iproconnect.com.au irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

14. GENERAL

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by iproconnect.com.au to a third party without your consent in the event of a sale or other transfer of some or all of the assets of iproconnect.com.au. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

15. CONTACTING US

If you have any questions about these Terms or if you wish to report violations of these Terms, please contact iproconnect.com.au at inquiry@iproconnect.com.au.

Please contact us to report violations of terms and conditions.