Definitions and Interpretations
"Shelco" means the combined entities; Shelco Databroker Pty. Ltd. ACN: 102 336 961 and Shelco Services Pty. Ltd. ACN: 010 141 956.
"Database" means a database of a Database Provider to which you have access pursuant to this agreement.
"Database Provider" means a Commonwealth Department or instrumentality, or other Government or non-government body contributing a database to Shelco's website.
"Shelco Website" means the equipment, programs and services provided by Shelco to allow users electronic access to publicly available information held in the databases of the Database Provider.
"us" means Shelco.
"we" means Shelco.
"you" means the legal entity or entities that enter their details while using Shelco's services.
Terms of Agreement
Commencement
This agreement shall commence when we accept an applications for any of our services. Acceptance is to be deemed when we supplied the requested service.
Return Policy
If you are not satisfied with a service for any reason, you may contact us and request a full refund. Please note that such a request must be made within 30 days of delivery. Simply E-mail admin@shelco.com.au Tell us your name, the search details and the reason for your dissatification. We will reply to the email after investigating the problem and return your funds.
Delivery Policy
All our searches are delivered by email to your nominated email address and copies of the search are kept using the email address as the user name and your choice of password. If for any reason you do not receive the requested search, notify us by email at admin@shelco.com.au and we will resend the required information.
Variation
We have the right to change or discontinue any feature of Shelco's Website at any time, including content, hours of availability, pricing, equipment required for access and Terms and Conditions.
Termination
Automatic Termination
This agreement will automatically terminate if you try to use Shelco's website without having paid all relevant charges in advance
Termination by Us
We can end this agreement immediately without notice should you be in breach of this agreement.
Charges and Terms of Payment
All charges are payable to us in advance.
Current charges are displayed under Fees.
Minimum System Requirements
Shelco's website uses Internet technology. These requirements may vary from time to time.
Transmission Speed
We have no control over the speed of transmission of data where the Internet is used for access.
Interruption to Service
We do not promise that your access to Shelco's website will be uninterrupted (except to the extent, if any, which such a promise might be implied by law and be incapable of exclusion by us).
We will use our best efforts to provide access during the hours published. However, there may be an interruption to services to facilitate urgent reasonable maintenance by us.
We will not be liable to you or third parties for interruptions to the service beyond our control including but not limited to:
- Problems with your telecommunications services;
- Problems with your Internet Service Provider; or
- Problems with your hardware or software.
(Except to the extent, if any, which we may not be able to lawfully exclude such liability).
Disclaimer of Liability
You agree that we will not be liable to you for anything (even negligence) to do with Shelco (for example, without limitation, inaccurate information), except to the extent (if any) which we cannot exclude liability.
Intellectual Property and Copyright
You acknowledge that you do not acquire any property rights to any of the database information provided to you through Shelco's website.
Use of Information
Databases
Shelco Searches is made available only for your personal information or business operations. You agree not to use Shelco Searches data to provide or facilitate direct Online access to any other person.
About You
Shelco Searches will retain and protect the information provided by you for registration and Shelco Website purposes only (but may be legally required to disclose it in some circumstances, eg if ordered by a court to do so).
It is impossible to guarantee the protection of your personal data absolutely. Shelco Seraches uses encryption which provides a level of security. However, your data may be exposed to loss, unauthorised access, use, modification or disclosure.
Shelco will not use the information for on-selling to list brokers.
Account Code and Password Security
You are totally responsible for the use of your Shelco account codes and passwords and for maintaining their security.
You shall be responsible for any use whatsoever of the Account Code and Password whether authorized or not.
You agree not to reveal your Shelco Searches Password to any other person other than your employees who you authorise to use your Account Code and Password.
For security reasons, you shall be required to change the password when requested.
Support Services
We will provide support for your use of Shelco Searches by phone and e-mail. We will endeavour to provide 24 hour turnaround on email requests during operating hours. An e-mail form and our phone number are provided on the Web site for this purpose.
Disputes
Any dispute arising out of or in connection with this agreement ("Dispute") shall be resolved as follows:
- The parties shall first refer the Dispute to mediation by a Mediator who is approved by the Queensland Law Society ("The Society") and who is agreed to by the parties, or failing agreement, appointed by the President of the Society, on the terms of the standard mediation agreement approved by the Society.
- The reference shall commence when either party gives written notice to the other, specifying the Dispute and requiring its resolution under this provision.
Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the Dispute under this provision.
If the Dispute is not resolved within 21 days of the commencement of the reference under this provision, either part may then, but (subject to (5)) not earlier, commence proceedings in any court of competent jurisdiction.
Nothing in these Terms and Conditions prevents a party from commencing court proceedings relating to any Dispute at any time where that party is seeking urgent interlocutory relief.
Governing Law
This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.
This Agreement
This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
Waiver
None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us. |
