eGuarantee Terms of Use

Securegistry Pty Ltd ACN 616 322 484 (“eGuarantee”) requires that you accept and comply with these Terms of Use when you access and use eGuarantee’s website www.eguarantee.com.au (the “Website”) and/or mobile application (“App”). The Website and the App together are the “Services”.

By using any of the Services, including accessing the Website or downloading and activating the App, you accept and agree to these Terms of Use. If you do not accept and agree with or do not understand these Terms of Use, you must not use any of the Services.

In order to use some of the Services, you will need to create a user account (“Account”) under your organisation’s profile, by requesting access from an active and authorised user on your organisation’s profile.  Where your organisation does not already have a profile, you may need to create one.  Only employees and other authorised staff members of an organisation may create an Account.

In these Terms of Use:

can be managed by the relevant party via the Platform in the manner set out on the Platform.

Intellectual Property

You acknowledge and agree that eGuarantee is the owner of or is licensed to use all legal right, title and interest in and to the Services and all information and content available on or through theServices (“Content”).

Subject to these Terms of Use, eGuarantee grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use the Content directly accessible through the Services. Unless you have agreed otherwise in writing with eGuarantee, nothing in these Terms of Use gives you a right to use any of eGuarantee’s trade names, trade marks, service marks, logos, domain names or other distinctive brand features.

Unless you have been expressly authorised to do so in writing by us, you agree that, in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in away that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

You agree that you will not infringe eGuarantee’s intellectual property in the Services or the Content and will not modify, copy, republish, frame, mirror, distribute or communicate any part of the Services or the Content, or any information contained in them, or otherwise use the Services or the Content in a way which will infringe eGuarantee’s or any third party's intellectual property or other rights.

Third party Websites

You acknowledge that the Services may contain links to third party websites. You acknowledge that eGuarantee provides links solely as a convenience to you and is not responsible for, and provides no warranty or representation nor accepts any liability in respect of, any third party websites. eGuarantee has no control over third party websites and, accordingly, you access, use and/or rely upon the content of those websites at your own risk. eGuarantee expressly disclaims any liability whatsoever in respect of any loss, damage, costs or liability you may suffer through access to or use of any third party websites.

Costs

The Services are provided to, and can be used by, eGuarantee customers free of charge. Fees may be charged in the future for certain types of users. We will discuss this with you in advance, if necessary.

Security

You agree and understand that you are responsible for maintaining the confidentiality of your password and any device which you use to access your Account. You must memorise your password or store your password in a safe and secure place.

You agree that you will be solely responsible toeGuarantee for all activities that occur under your user name or other Account details.

If you become aware of any unauthorised use of your password, or your Account or your mobile device, you agree to notify us immediately.

User content

Our Services allow you to submit content (“User Content”). You retain all right, title and interest in and to your User Content.

You are liable for any User Content which you upload, transmit or otherwise submit to or communicate via the Services. If we receive any notice of alleged infringement of any rights (including intellectual property rights) by you, then we may remove the relevant UserContent and/or suspend or terminate your access to the Services and you agree to indemnify us for our losses as a result of any alleged or actual infringement.

When you upload or otherwise submit User Content via the Services, you give eGuarantee a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to host, store and reproduce such User Content to the extent necessary to provide the Services. It is your responsibility to ensure you have all necessary rights to grant us this licence for any User Content that you submit.

User obligations

By using the Services, you agree that you must not:

In using the Services you acknowledge and agree:

Disclaimer

Except as provided by law, the Services and theContent are provided ‘as is’ and without any guarantee, warranty or condition, express or implied. Without limitation but subject to the Competition and Consumer Act 2010 (Cth), eGuarantee does not guarantee or warrant:

Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, service, or other content that may be made available or otherwise included on the Services.

Limitation of liability

You agree that eGuarantee is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:

  1. in the case of goods, any one or more of the following:
  2. the replacement of the goods or supply of equivalent goods;
  3. the repair of the goods;
  4. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  5. the payment of the costs of having the goods repaired; and
  6. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Personal information

Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, service, or other content that may be made available or otherwise included on the Services. We will collect personal information about you when you use the Services. This information will be collected, stored, used and disclosed in accordance with our Privacy Policy.

Changes

We may, in our absolute discretion, change or terminate any of the Services at any time. We may, in our absolute discretion, amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of the Services after any such change to these Terms of Use creates an agreement by you to abide by and be bound by these Terms of Use, as amended.

Breach of these terms of use

If you breach any provision of these Terms of Use, we may immediately issue a warning and/or temporarily suspend or permanently prevent your access to all or certain parts of the Services and claim damages for any loss suffered arising from your breach of the Terms of Use.

Further, if you breach any provision of these Terms of Use we may commence proceedings, including proceedings seeking interlocutory or injunctive relief, to enforce our rights, powers and remedies provided for in these Terms of Use and our rights, powers or remedies provided by law independently of these Terms of Use.

Governing law

These Terms of Use are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.