Terms and Conditions

This agreement is made between:
Progressclaim.com Pty Ltd ACN 115 789 065 with its registered office situated at Level 9, 360 Collins St, Melbourne VIC 3000 Australia (hereinafter “Progressclaim.com”) and the legal person whose full legal name and physical address which is specifically identified in the registration for User Codes on the Web Site (hereinafter “the User Organisation”)

 

Recitals

  1. Progressclaim.com owns the Web Site and is the provider of the Services.
  2. The User Organisation has requested to use the Web Site and the Services.
  3. The Parties have agreed for Progressclaim.com to:
    • (a) grant a license to the User Organisation (and its Authorised Users) to use the Web Site; and
    • (b) provide the User Organisation with the Services:

both upon the terms and conditions of this Agreement.

It is agreed as follows

  1. Definitions and Interpretation
    1.1. Definitions In this Agreement, the following definitions shall apply, unless there is a contrary intention:

whichever is the first to occur;

whichever is the first to occur;

1.2 Interpretation
In this Agreement, except where the context indicates to the contrary:

1.3 Recitals and Schedule
The Schedule and the Recitals form part of this Agreement.

 

  1. Commencement and Term
    This Agreement and the Services will both commence on the Commencement Date and will continue until the End Date, subject to earlier termination under clause 20.

 

  1. Web Site Services
    Progressclaim.com hereby agrees to provide the User Organisation with the Services in accordance with Subscription Plan and otherwise in accordance with the terms and conditions of this Agreement.

 

  1. The User’s Role, Risks and Responsibilities

4.5 Without limiting clause 4.4, the User Organisation shall be liable for all actions taken through the Web Site by any person using one or more components of a User Code and the User Organisation and each Authorised User shall be bound by any additional terms and conditions specified in the Web Site at the time such actions are taken as if such provisions were set forth in this Agreement in full, which provisions are also incorporated into this Agreement by this reference.

 

  1. Grant of License to Use the Web Site
  1. Ownership of the Web Site
    The Parties confirm and agree that ownership of all title, rights and interest in and to the Web Site (including all Intellectual Property Rights throughout the World subsisting therein) remain vested solely in Progressclaim.com.

 

  1. Ownership of Web Site Content
  1. Ownership and Grant of Licence to User Content
  1. Moral Rights
    The User Organisation hereby unconditionally, irrevocably, genuinely and comprehensively consents in favour of Progressclaim.com (and all of its successors, assigns and licensees) for Progressclaim.com to use, reproduce, adapt and communicate (as defined under the Copyright Act 1968 (Cth) and any other equivalent legislation throughout the World) the User Content and the Web Site Content on the Web Site (as the case may be) without reference to the User as the author (if any) in any way whatsoever, which but for this consent under this clause 9, would constitute an infringement of the User Organisation’s Moral Rights.

 

  1. Warranties
  1. Subscription Plan and Service Fee
  1. Confidential Information
  1. Changes to these Terms and Conditions
  2. 1 If Progressclaim.com decides in its sole discretion to amend any term or condition of this Agreement, Progressclaim.com must immediately post the written notice to the User Organisation of such amendments and display such amendments on the Web Site (the “Amendments”) including by way of e-mail to the User Organisation.
  1. Use of a Party’s Trade Mark and Corporate Name
  1. User’s Web Site Behaviour
  1. Risk Management

and from and against all damages, costs and expenses incurred or sustained, in defending or settling any such actions, claims, proceedings or demands.

  1. Third Party Proceedings

-that it becomes aware of.

  1. Good and Services Tax
  1. Force Majeure
  1. Termination
  1. DISPUTE RESOLUTION
  1. Applicable Law
    This Agreement is governed by and shall be construed in accordance with the laws of the State of Victoria. The Parties hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria and the Courts of Appeal.

 

  1. Non-Assignment
    The User Organisation must not assign, mortgage or charge or any of its rights, title and interest under this Agreement to any third party, unless it has obtained the prior written consent of Progressclaim.com, which may be withheld by Progressclaim.com in its absolute discretion.

 

  1. No Waiver
    A Party’s failure to exercise or delay in exercising any power or right, does not operate as a waiver of that power or right. The exercise of a power or right, does not preclude its future exercise or the exercise of any other power or right.

 

  1. Amendment
    This Agreement may only be amended or modified by mutual written agreement of the Parties.

 

  1. Severance
  1. Notices

 

  1. Costs
    Each Party is responsible for its own legal costs incurred in relation to the negotiation and settlement of this Agreement.

 

  1. Relationship
    The Parties agree that this document does not create or evidence the relationship between them of partnership, joint venture, employer and employee, trust, agency or otherwise but that of independent contractors.

 

  1. Privacy
    The User Organisation’s (and each Authorised User’s) rights to access the Web Site under this Agreement are subject to the Privacy Statement, which is incorporated herein by reference.

 

  1. Entire Agreement
    This Agreement contains the whole understanding of the Parties relating to its subject matter and it supersedes and cancels any and all representations, agreements, commitments, warranties and promises, made by the same Parties with respect to the same subject matter. Any purported representations, agreements, commitments, warranties and promises of the Parties not recorded in this Agreement are of no effect.

 

  1. Legal Authority to Enter into Agreements
    Without limiting the generality of Section 127 of the Corporations Act 2001 (Cth), the User Organisation warrants that any person who uses a User Code and enters this Agreement on the User’s behalf has the authority from the User Organisation to enter into this Agreement.

 

  1. Inconsistency
    In the event of any inconsistency, the following items prevail over the other items from highest paramountcy to lowest paramountcy as herein presented:

Schedule

 

The Services

The User’s Responsibilities: