Independent purchasing company (Australasia) Ltd
Terms of use

 
 
 
 

Use of this website (www.ipcasiapacific.com) by a person (User) is subject to the following terms and conditions and any additional terms or notices displayed elsewhere on this website from time to time (together, Terms of Use). 

By using this website, you agree to be bound by the Terms of Use as updated from time to time.  If you do not agree with any of the terms contained in the Terms of Use, do not use this website. 

1.            Who do these Terms of Use apply to?

1.1 These Terms of Use apply to:

(a) any individual who registers an account on the Website;

(b) any individual who accesses or uses the Website; and

(c) any entity on whose behalf an individual registers an account on or accesses or uses the Website, each being referred to as 'you' or 'your' in these Terms of Use.

1.2 By accessing and using the Website, you warrant that you have the authority of any entity you represent to do so on its behalf and to legally bind it to these Terms of Use. You must inform any entity you represent of these Terms of Use and its responsibilities under these Terms of Use.

2.            Service specific terms and conditions

Services available on the Website may be subject to specific additional terms and conditions, disclaimers or notices displayed on the Website from time to time (Additional Terms). You agree to read and comply with any Additional Terms presented to you on the Website. By accessing or using any service on the Website, you will be deemed to have accepted and to agree to be bound by any Additional Terms which apply to that service.

3.            Use of the Website

3.1 The level of access you have to services on the Website will depend on the type of user account you have.

3.2 Subject to these Terms of Use, IPCA:

(a) grants you a personal, non-exclusive and non-transferable right to use the Website; and

(b) if your type of user account permits you to give individuals within your organisation access to the Website, will allow the Website to be accessed and used by those individuals within your organisation who you nominate to have access to the Website on your behalf (Authorised Users).

3.3 You may use the Website solely to access and provide information via the Website for the purpose of conducting business with IPCA. 3.4 You must not:

(a) use, copy or sublicense the Website except as expressly permitted by these Terms of Use;

(b) reverse engineer, decompile, disassemble or otherwise create or attempt to create the source code of the underlying software for the Website, or access the Website to develop a competitive product or service;

(c) authorise or facilitate access to the Website by anyone other than an Authorised User (if applicable);

(d) attempt unauthorised access to the Website or any part of the Website, or any accounts, computer systems or networks of others connected to the Website, whether by password mining or other methods;

(e) interfere with the use or operation of the Website or any equipment of IPCA;

(f) use the Website to store or disseminate material that is obscene, contains personal attacks on individuals, is defamatory, pornographic, threatening, or harassing, or infringes the intellectual property rights of any other person;

(g) use the Website contrary to law; or

(h) send or post harmful computer programs in connection with the Website, such as a virus. You indemnify IPCA from and against any and all losses, damages, costs, expenses and other liabilities which IPCA may suffer or incur connection with from your breach of this clause.

3.5 IPCA will provide you with information to enable you to access the Website (Certification Information). You must keep the Certification Information confidential and secure and not permit any unauthorised person to use the Certification Information to access the Website. IPCA is entitled to assume that all transactions using the Certification Information are undertaken by the persons to whom it provides that Certification Information (unless you have told IPCA the Certification Information has been compromised).

3.6 You are responsible for obtaining and maintaining the hardware, software and internet access required to access the Website and ensuring that you meet any minimum specifications published or supplied by IPCA from time to time.

3.7 While IPCA takes all reasonable precautions to ensure that the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, you acknowledge that IPCA cannot ensure the security of any information you transmit to or from the Website, and you access and use the Website at your own risk.

4.            Authorised Users

4.1 If you have Authorised Users, you are responsible for the acts and omissions of the Authorised Users as if they were your acts or omissions (whether such acts or omissions are authorised or unauthorised by you).

4.2 If you have Authorised Users, you must:

(a) ensure that the Authorised Users comply with these Terms of Use in the same manner and to the same extent as you are required to do so; and

(b) immediately remove any Authorised User's access to the Website if they no longer require access to the Website for their role in your organisation or if they cease to work within your organisation.

5.            Access to the Website

5.1 Access to the Website depends on telecommunications and internet service providers and other external factors and IPCA does not guarantee the availability of the Website at all times or at any specific times.

5.2 IPCA may temporarily suspend use of the Website by you and your Authorised Users:

(a) for the purpose of planned maintenance or upgrade notified to you in advance, or without notice if emergency maintenance is required;

(b) if illegal use of the Website occurs or is reasonably suspected;

(c) if IPCA reasonably considers that temporary suspension is necessary for the proper operation of the Website;

(d) if you or any of your Authorised Users engage in any activity which interferes with or disables, overburdens, impairs or disrupts the Website, or any servers or networks which are connected to the Website, or your use of the Website otherwise interferes with use of the Website by other users; or

(e) if you are in breach of these Terms of Use, until the breach is rectified.

5.3 You acknowledge and agree that IPCA may:

(a) monitor use of the Website by you and your Authorised Users (if applicable);

(b) make changes to the Website, or discontinue the operation of the Website, at any time and with or without notice to you; and

(c) notify you of changes to the Website through information and notices available to you when you access the Website. These Terms of Use continue to apply in all respects to functions or other aspects of the Website that are changed or added at any time.

6.            Cookies

The Website may use "cookies" or collect information from you or your Authorised Users. IPCA's internet server may automatically record details about any computer used to access the Website (such as the IP address, domain name and browser type), the date and time of access and details of the information downloaded. This information is used for IPCA internal statistical purposes and to improve IPCA's services.

7.            Ownership

Unless otherwise stated, the Website and all information and materials contained within or made available to you through the Website (Content) is owned by IPCA or its licensors (including the Subway® group of companies) and is protected by intellectual property rights. You may download and print copies of the Content in the form in which it is displayed for your own private use. Except to the extent permitted by non-excludable applicable law, you must not modify, copy, reproduce, sell, frame, scrape, distribute to a third party or create derivative works from the Website or any Content in any way except as expressly permitted within the Website or with IPCA's prior written permission (including under an agreement between you and IPCA). IPCA reserves all rights in the Website and the Content not expressly granted to you under these Terms of Use. Your use of Content owned by or otherwise made available to you by IPCA on behalf of the Subway® group of companies is also subject to the terms of any agreement you have with the Subway® group of companies.

8.            Confidentiality

The Content and any other information you become aware of via the Website (together, Confidential Information) is confidential to IPCA and the Subway® group of companies and it is of the utmost importance that you maintain its confidentiality. You must keep confidential and not disclose to any third party any Confidential Information without IPCA's prior written permission (including under an agreement between you and IPCA), except to the extent that such information is or becomes public knowledge without a breach of confidentiality. The operation of this clause survives the termination or expiry of these Terms of Use.

9.            Liability

9.1 To the extent permitted by applicable law, the Website is provided to you "as is" and IPCA excludes and does not make or give any express or implied representations, conditions or warranties in relation to the Website. Without limitation, IPCA does not warrant that the Website will operate uninterrupted, be free from defects or viruses or meet your requirements.

9.2 Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by applicable law, IPCA's liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at IPCA's option):

(a) in the case of goods, 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

(b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

9.3 Except as specified in this clause 9, to the extent permitted by law, under no circumstances will IPCA be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any consequential, indirect or incidental damages) suffered or incurred under or in connection with these Terms of Use or any access to or use of the Website, regardless of how they arise (whether by negligence or otherwise).

10.            Termination

10.1 IPCA may terminate these Terms of Use immediately by notice to you if you breach these Terms of Use and (where the breach is capable of being remedied) fail to remedy that breach within 14 days after IPCA giving you notice requiring you to do so.

10.2 Upon termination or expiry of these Terms of Use, you must stop using the Website.

11.            Privacy

IPCA collects personal information about you (if you are an individual) and your Authorised Users (if applicable) when you register an account or request support on the Website. It also collects information about how you and your Authorised Users use the Website. IPCA collects this personal information for the purposes of providing you with the services offered on the Website and any support requested by you through or otherwise in connection with the Website. IPCA may also use the personal information to perform research and analysis in relation to your use of the Website, including to improve its services and customise information for you. IPCA may disclose personal information for these purposes to its related bodies corporate and service providers located in Australia and outside Australia. In particular, IPCA uses Microsoft’s Azure cloud platform based in Australia and East Coast USA for data storage in connection with the Website. If you have any concerns or queries about the way your personal information is managed by IPCA, you can contact IPCA by email to privacy@ipcasiapacific.com. A copy of IPCA's privacy policy can be viewed at www.ipcasiapacific.com. IPCA's privacy policy contains information about how you can gain access to or seek correction of personal information that it holds about you, as well as information about how you can make a privacy complaint and how IPCA will deal with any such complaint.

12.            Changes to these Terms of Use

IPCA may amend these Terms of Use from time to time by posting the amended version on the Website. Subsequent or continuing access to or use of the Website will constitute acceptance of any changes.

13.            General

You may not assign, transfer or otherwise deal with the rights under these Terms of Use without prior written consent from IPCA. These Terms of Use are governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales in relation to any dispute arising out of, or in connection with, any use of the Website. If any provision of these Terms of Use is held unenforceable or illegal for any reason, these Terms of Use will remain otherwise in full force apart from the provision which will be deemed deleted. No right under these Terms of Use will be deemed to be waived except by notice in writing signed by the relevant party.