Binder Group's Terms and Conditions.

Binder Group PTY LTD - ACN 009 0470607

TABLE OF CONTENTS

1.            IMPORTANT INFORMATION.

2.            MODIFICATIONS AND NEW TERMS AND CONDITIONS.

3.            DEFINITIONS.

4.            INTERPRETATION.

5.            COPYRIGHT, TRADEMARKS AND LOGOS OF BINDER GROUP.

6.            NO LINKING OR FRAMING.

7.            COPYRIGHT AND TRADEMARKS OF THIRD PARTIES.

8.            INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY.

9.            INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE.

10.         DISCLAIMER OF WARRANTIES.

11.         DISCLAIMER OF LIABILITES.

12.         NO THIRD PARTY ENDORSEMENTS OR LIABILITY.

13.         NO GUARANTEES AS TO THE SERVICE.

14.         ACCURACY OF INFORMATION.

15.         OUR RIGHTS TO MONITOR THE SITE.

16.         OUR RIGHTS TO USE INFORMATION YOU SEND US.

17.         NO GUARANTEE AS TO SECURITY OF YOUR INFORMATION.

18.         PRIVACY POLICY.

19.         GENERAL PROVISIONS.


This Site is operated by Binder Group Pty Ltd ACN 009 047 607(“Binder Group”). Please read these Terms and Conditions carefully before accessing or using the information and services available through the www.bindergrp.com website and associated Binder Group websites (“Site”). By accessing or using the Site, you agree to be bound by these Terms and Conditions together with any additional terms, conditions, notices and disclaimers (“Additional Conditions”) contained elsewhere on the Site.

These Terms and Conditions are to be read in conjunction with the Binder Group Privacy Policy included below, collectively referred to as the Agreement.

Accessing the Site constitutes an affirmative, unconditional agreement by you that you accept and agree to abide and be bound by the Agreement and any Additional Conditions contained on the Site


2.                MODIFICATIONS AND NEW TERMS AND CONDITIONS

Binder Group may modify these Terms and Conditions at any time without notice to you, and such modifications shall be effective immediately. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions” hypertext link located at the bottom of our Site page.

Should you object to any of the Terms and Conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the Site.


In these Terms and Conditions unless the context indicates a contrary intention:

Affiliates” means any persons affiliated with Binder Group including but not limited to its directors, employees, contractors, agents, assigns and any person associated with or involved in creating or maintaining the Site.

“Agreement” means the Terms and Conditions and Privacy Policy contained herein.

“Link” refers to hyperlinks and pointers to sites operated by third parties.

“Persons” includes actual person, corporate entity, trust or business of any kind whatsoever

“Terms and Conditions” refers to the terms and conditions contained herein.

“User” means both those persons who visit the Site on a one-off basis and those persons who use the Site on a regular basis.

"Site" refers to materials delivered on www.bindergrp.com and other co-branded versions of the Site including all portals and sub-portals operated by Binder Group.

 

4.                INTERPRETATION

For the purposes of this Agreement the words "Binder Group", "We", "Our" and "Us" refer to Binder Group Pty Ltd ACN 009 047 607


5.                COPYRIGHT, TRADEMARKS AND LOGOS OF BINDER GROUP

 Copyright in the material and trademarks on the Site and the compilation of all content on the Site and all software used on the Site, unless otherwise stated, belongs to Binder Group and is subject to all relevant Copyright and Trademark laws. You agree not to infringe any intellectual property rights owned by Binder Group.

All trademarks (whether registered or unregistered) and logos contained on the Site must not be used or modified in any way without the prior express written consent of Binder Group.


6.                NO LINKING OR FRAMING

 You agree not to link the Site or to frame the Site on any other site without the express permission of Binder Group.

 

7.                COPYRIGHT AND TRADEMARKS OF THIRD PARTIES

Other trademarks and material may be displayed on the Site belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing displayed on the Site should be construed as Binder Group granting any licence or right of use of any logo, masthead or trade mark displayed on the Site without the express written permission of the relevant owner.

 

You acknowledge and agree that the information published by Binder Group on the Site provides general information only and may not be sold, redistributed or used for any commercial purpose for unsolicited commercial correspondence. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by the Terms and Conditions.

 

You acknowledge and agree that the information published by Binder Group on the Site provides general information only. It is not intended as professional advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions, including but not limited investment decisions, or taking any action as a result of those decisions.

 

The Site is provided on an “as is”, “as available” basis without warranties of any kind, express or implied. No information provided shall create a warranty; nor shall members or visitors to the Site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and Binder Group reserves the right to make changes in the information contained. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms and Conditions” hypertext link located at the bottom of our web pages on the Site.


11.           DISCLAIMER OF LIABILITES

 The User assumes all responsibility and risk for the use of the Site and any Links on the Site. Binder Group and its Affiliates accept no liability or responsibility to any Persons as a consequence of any reliance upon the information contained in the Site. Under no circumstances and to the maximum extent permitted by law including negligence, shall Binder Group or its Affiliates be liable for any direct, indirect, incidental, special or consequential damages, or loss of profits that result from the use or inability to use the Site and/or any other websites which are linked to the Site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.


Links will appear on this Site from time to time. These Links do not form part of this Site Binder Group is not responsible for the information, advertising, products, resources or other material, of any Links on the Site and in no event shall Binder Group be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the Links or the information, advertising, products, resources or material accessed through these Links.

If you enter a third party website via one of these Links you leave the Site and do so entirely at your own risk.

If you contact a third party using functionality provided on this Site, including via e-mail, Binder Group accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. Binder Group reserves the right to terminate any Link or linking program at any time.

 

13.           NO GUARANTEES AS TO THE SERVICE

Binder Group provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.


 14.           ACCURACY OF INFORMATION 

Whilst Binder Group endeavours to provide current and accurate information on the Site it does not warrant or represent and cannot guarantee that the information on this Site is current, accurate and free from omissions or errors. Binder Group takes no responsibility for matters arising from changes to circumstances or other information or material which may affect accuracy or currency of information on this Site.

The User assumes all responsibility for verifying the accuracy of any representation, statement or information provided on the Site.


 15.           OUR RIGHTS TO MONITOR THE SITE 

Binder Group has no obligation to monitor any User's use of this Site, however Binder Group retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Furthermore it is Binder Group’s policy to respond to clear notices of alleged copyright infringement.

Binder Group has the right, but not the obligation, to monitor any transmission made to and for this website. Binder Group may reproduce, use, distribute or disclose information transmitted to this site or collected through the use of this website. You acknowledge that such information shall be deemed to be non-confidential and that your communication may be read or intercepted by others.


Binder Group is always pleased to receive your comments and suggestions about this Site, and other services we provide. However, any information you provide through this Site or in response to any content on this Site including but not limited to, comments, suggestions, ideas, notes, drawings, business listing information concepts or other materials (“Submissions”) will be considered non-proprietary, non-confidential, and Binder Group's property, unless otherwise agreed in writing with Binder Group prior to you submitting the information. In the absence of such written agreement prior to the submission of the information, Binder Group and its designees may use any Submissions without restriction, and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for Binder Group to license others to do the same. If we receive a Submission that contains personally identifying information about the provider, such as their name, address and telephone number, our Privacy Policy will govern how we'll use or disclose this information.


Binder Group does not warrant that any information, software or other material accessible through this Site is free of viruses, worms, trojan horses or other harmful components.

While Binder Group takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Binder Group systems or on this Site. Binder Group disclaims all liability to you to the greatest extent possible pursuant to law should this occur.


 18.           GOVERNING JURISDICTION

This Agreement and all other specific and additional terms which govern your use or membership of and access to the Site will be governed by and construed in accordance with the laws of the State of Western Australia, Australia.


19.           SEVERANCE AND TERMINATION

If any part of this Agreement is held invalid that part shall be severed from this Agreement and the remainder of this Agreement will continue to be valid and enforceable.

Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.


20.           GENERAL PROVISIONS

Binder Group, its Affiliates and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise Binder Group, its Affiliates and its related bodies corporate exclude all conditions and warranties that may be implied by law. You expressly agree and understand that in no circumstances will Binder Group, its Affiliates or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Binder Group, its Affiliates or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access the Site or any material on the Site; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on the Site . Excluding liability for negligence the maximum liability of Binder Group its Affiliates and its related bodies corporate is equivalent to the total of any amounts you have paid to Binder Group, its Affiliates and its related bodies corporate in respect of goods or services supplied to you by Binder Group, its Affiliates or its related bodies corporate through the Site.


21.           PRIVACY POLICY

Binder Group is committed to providing you with the highest levels of customer service. This includes protecting your privacy. We are bound by new sections of the Commonwealth Privacy Act 1988, which set out a number of principles concerning the protection of your personal information. This Privacy Policy applies to the Australian operations of all brands and services offered by Binder Group.

 

21.1          Overall privacy statement

Binder Group takes your privacy seriously. Because we gather certain types of information about our Users we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Site that you were viewing when you clicked through to this policy, which is operated by Binder Group, its partner or Affiliates.

 

21.2          How we collect personal information

            Binder Group collects personal information in a number of ways, including:

(a)         directly from you, such as when you enter your personal details on the Site (for example during registration or application for products and services), to enable login and password verification and when you provide information by phone or in documents such as an application form;

(b)         from third parties such as our related companies, credit reporting agencies or your representatives;

(c)         from publicly available sources of information.

(d)         How we use your personal information

(e)         Your personal information may be used t

(f)           identify you and to assist you to subscribe to our website services more easily;

(g)         provide the services you require;

(h)         administer and manage those services, including charging, billing and collecting debts;

(i)            gain an understanding of your information and communication needs in order for us to provide you with better, more personalised services that are tailored to your needs;

(j)            inform you of ways the services provided to you could be improved;

(k)          conduct appropriate checks for credit-worthiness and for fraud;

(l)            research and develop our services.

 

21.3          Personal information collected

The type of personal information we collect relates to registration on and such information may include your name, current address, telephone/mobile phone number, email address.

If you choose not to provide personal information, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.

 

21.4          Other information

The Site records other information as well. This information is used to improve the structure and performance of the Site to provide Users with an improved service. Whenever a page is requested from our web server, we record the time, date and URL of the request, along with information on the browser software that is being used.

Binder Group gathers usage information from our websites and other websites. This is aggregated for reporting purposes. This data is gathered by us to examine Internet trends and demographics and to assist in improving the structure and ease of use of our websites.

 

21.5          When we disclose your personal information

For the purposes set out above (under "How we use your personal information”) we may disclose your personal information to organisations outside Binder Group. Where appropriate, these disclosures are subject to privacy and confidentiality protections. The organisations to which we usually disclose information include:

(a)         outsourced service providers who manage the services we provide to you, including:

(b)         customer enquiries;

(c)         mailing systems;

(d)         billing and debt-recovery functions;

(e)         information technology services;

(f)           installation, maintenance and repair services;

(g)         marketing, telemarketing and door-knocking services;

(h)         market research;

(i)            your representatives (eg your authorised representatives or legal advisers);

(j)            credit-reporting and fraud-checking agencies;

(k)          credit providers for credit related purposes such as creditworthiness, credit rating,

(l)            credit provision and financing;

(m)       our professional advisers, including our accountants, auditors and lawyers;

(n)         government and regulatory authorities and other organisations, as required or authorised by law;

(o)         organisations involved in:

(p)         a transfer/sale of all or part of our assets or business (including accounts and trade receivables); and

(q)         managing our corporate risk and funding functions (eg securitisation);

(r)           other telecommunication and information service providers; and

(s)         our related companies.

 

21.6          Disclosure to Local Councils

Information listed on the Site may be disclosed to Local Government Authorities for marketing and research purposes.

21.7          Security of your information

We take reasonable steps to ensure that your personal information is stored securely. While Binder Group takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Binder Group systems or on the Site. Binder Group disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

 

21.8          Children’s privacy

Children’s privacy is very important to us. We ask that children under the age of 18 have a parent or guardian verify their membership application with Binder Group. While Binder Group will make every reasonable effort to ensure that children's privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children's internet usage.

 

21.9          How to contact us

If you have any questions in relation to privacy, please contact us on +61 8 9353 2208 between 9.00 am and 5.00 pm, Monday to Friday Western Standard time or email: Sales@Bindergrp.com or write to Binder Group, 26 Miles Road, Kewdale, 6105, WA, Australia.