The following section details those specific terms and conditions that will
be required to be accepted by eBusiness/eCommerce customers.
Access gained through permitted use of the BRISWORX™computers to other
computing centres and facilities linked to those at BRISWORX™ are governed
by the terms and conditions set out below, in addition to any policies in force
for use of the facilities at the remote site. Use of BRISWORX™ products
or services signifies your acceptance of these terms and conditions.
Only Authorised Clients and BRISWORX™ representatives may use electronic
information systems administered by BRISWORX™.
(a) Use the BRISWORX™ products or services in a responsible manner;
(b) If you are under 18 years of age, obtain a parent/guardian's consent prior
to using BRISWORX™ products or services;
(c) Ensure that you are aware of, and comply fully with, this Policy;
(d) Ensure that your equipment has appropriate controls in place so as to mitigate
any security risks associated with use;
(e) Ensure only you use your customer number and other allocated resources.
Never share passwords or accounts with another entity;
(f) Use all of the facilities in manner that is lawful, honest and decent, and
have regard to the rights and sensitivities of BRISWORX™ and other Authorised
Clients;
(g) Electronically acknowledge that you understand that you must keep personal
passwords confidential and that you accept these terms and conditions;
(h) Be successfully validated against appropriate formal identification and
registration processes (as determined by BRISWORX™ from time to time) before
being assigned a temporary password;
(i) Change your assigned (by BRISWORX™) temporary password immediately;
(j) Acknowledge receipt of temporary passwords or access will expire after a
predetermined time period;
(k) Choose passwords that are difficult to guess;
(l) Change passwords on a regular basis, or whenever disclosure has (or may
have) occurred;
(m) Ensure compliance with regulations for copying and using software; and
(n) Ensure that you and other Authorised Clients, to whom you have delegated
access privileges, are aware of and comply with these terms and conditions.
(a) Use BRISWORX™ products or services for any activities which breach
any laws or regulations, infringe a third party's rights, or are contrary to
any relevant standards or codes;
(b) Use BRISWORX™ products or services in a way which interferes with other
Authorised Clients or defames, harasses, threatens, menaces, offends or restricts
any person or which inhibits any other Authorised Client from using BRISWORX™
products or services;
(c) Transmit via BRISWORX™ products or services, any obscene, indecent,
inflammatory or pornographic material or material that could give rise to civil
or criminal proceedings;
(d) Use BRISWORX™ products or services to send unsolicited electronic mail
messages to anyone;
(e) Make any fraudulent or speculative enquiries, bookings, reservations or
requests using BRISWORX™ products or services;
(f) Use other customer numbers for any purpose;
(g) Tamper with, hinder the operation of or make unauthorised modifications
to BRISWORX™ products or services;
(h) Knowingly transmit any virus or other disabling feature to BRISWORX™
products or services;
(i) By wilful or deliberate act or by failure to act with due and reasonable
care jeopardise the integrity of the computing equipment, its operating systems,
systems programs or other stored information, or the work of other users, whether
within BRISWORX™ or in other computing locations to which the facilities
at BRISWORX™ allow connection;
(j) Copy, divulge or use, without the express consent of BRISWORX™, any
proprietary material that is the property of BRISWORX™; or
(k) Attempt any of the above acts or permit another person to do any of the
above acts.
(a) You as the Authorised Client will be held liable for all communications/transactions
initiated and/or completed under your accounts, except where:
• Unauthorised operations occur for which the correct customer numbers
are used and you were in no way responsible for the customer numbers becoming
known to an unauthorised user;
• You notify us immediately upon becoming aware of or suspecting that
an unauthorised operation has taken place;
• You check your account statements for unauthorised operation as soon
as you receive them; and
• You provide all necessary assistance and cooperation with regard to
any investigation of the circumstances giving rise to the unauthorised transaction.
(b) Except under those the conditions set out in item 1.3(a) above, presentation
of correct customer numbers / user names allows BRISWORX™ to:
• Presume that the Authorised Client has initiated the communications;
and
• Allow operations on your account.
(c) You are required to report anyone suspected of misusing, or attempting to
misuse BRISWORX™ information systems resources to BRISWORX™ immediately.
(d) You are required to notify us immediately if you become aware of:
• Any delays or mistakes in processing your payments, or
• If you did not authorise a payment that has been made from your account,
or
• If you think that you have been fraudulently induced to make a payment.
We will attempt to rectify any such payments according to these terms and conditions.
However, except as set out under the heading Liability, we will not be liable
for any loss, damage, injury or expense you suffer as a result of using the
BRISWORX™ products or services.
(e) If you think there has been a mistake in a transaction made through BRISWORX™
products or services you must contact us and we will advise you of our dispute
resolution procedure.
For security reasons we may:
(a) Require you to re-authenticate yourself from time to time, for example after
a period of inactivity on the connection between your browser and the BRISWORX™
Website servers. We are not responsible for any information you may lose if
the BRISWORX™ Website servers terminate your browser session due to prolonged
periods of inactivity between your browser and the BRISWORX™ servers.
(b) At all times monitor BRISWORX™ computer systems for communications security.
When you send us any feedback, suggestions, ideas or other materials in relation to or via the BRISWORX™ Website, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to Privacy Laws.
We may vary any of these terms of use at any time. We will give notice of any variations to you by email to the email address notified to us by you as the Authorised Client, and/or by posting the revised terms of use on the home page of BRISWORX™. Continued use after such notice will constitute acceptance of the variation.
The law in force in the State of Queensland, Australia governs this agreement,
and the parties irrevocably submit to the non-exclusive jurisdiction of the
courts of Queensland, Australia and courts of appeal from them for determining
any dispute concerning this agreement.
If any of these terms of use are invalid or unenforceable, it will be struck
out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these terms of use, this
does not waive our right to act with respect to subsequent or similar breaches.
BRISWORX™ reserves the right to prosecute those individuals or a company
involved in violating these terms and conditions of use.
If, in BRISWORX's™ reasonable opinion, you breach any of these terms of use, BRISWORX™ may suspend, terminate or limit your access to BRISWORX™ products or services. BRISWORX™ may suspend, terminate or limit your access to BRISWORX™ products or services at any time should it consider such action is to the benefit of BRISWORX™.
Subject to those provisions of the Trade Practices Act, and any other rights
implied by law, which cannot be excluded by agreement between the parties:
(a) We make no warranties, either express or implied, as to merchantability,
fitness for a particular purpose, or otherwise (including as to accuracy, currency,
availability, completeness or quality), with respect to BRISWORX™ products
and services supplied under or in connection with BRISWORX™ electronic systems;
and
(b) We exclude all liability for loss damages, injury, or expense (except to
the extent that such loss, damage, injury or expense is attributed to the negligence
of BRISWORX™ or its servants and agents acting in their capacity as such)
relating to or resulting from use of BRISWORX™ products or services and
for any other loss or damage incurred by you directly or indirectly including
without limitation as a result of or arising out of:
• Any inaccuracy, error or delay in or omission from any information provided
to you under or in connection with BRISWORX™ products or services;
• Any delays, failures or inaccuracies in BRISWORX™ products or services;
• Any loss or liability arising from the acts or omissions of third parties,
such as your computer systems, ISPs and service providers.
Except where to do so would contravene any law or make any part of this clause
void or unenforceable, in no event shall we be liable for any indirect, special
or consequential loss or damage (including, without limitation loss of profits
or revenues) or otherwise resulting from use of the BRISWORX™ products or
services.
Our liability shall in any event be limited to the re-supply of the BRISWORX™
products or services.
You will indemnify us and all of our officers, employees, agents, related parties
and associates against any loss, damage, injury of expense incurred by them
as a result of your use of the BRISWORX™ products or services, us relying
upon and acting in accordance with any instruction provided by you, your failure
to settle any transaction by the due date or any failure by you to strictly
comply with these Terms and Conditions.
Furthermore, BRISWORX™ will not be liable for:
• Any parties' reliance on the information obtained through use of BRISWORX™
products or services which may or may not always be completely up to date;
• Any failure or delay of BRISWORX™ products or services to provide
information or perform operations requested;
• An amount in excess of $1.00 in connection with any event except in
the case of negligence, fraud or wilful misconduct on the part of BRISWORX™
;
• Indirect or special loss or damage howsoever caused, including negligence;
• Consequential loss or damage you suffer as a result of using BRISWORX™
products or services; or
• Unavailability of BRISWORX™ products or services and events beyond
our control such as but not limited to Internet connection.
Brisworx is a registered trading name of Cynina Holdings (Australia)
Pty Ltd
ACN 087 809 416 - ABN 75 087 809 416