Preamble: These Terms and Conditions have been prepared and accepted by the Client in order to regulate the supply of Programs and Data by the Company to the Client and to specify the Terms and Conditions upon which such supply is made available.
Interpretations and Definitions:
In these Terms and Conditions, unless the context otherwise requires, words importing the singular number shall include the plural and vice versa, words importing the masculine gender include all other genders and the following words shall bear the meaning set out hereunder:-
“Accounts” means those accounts that You have supplied to Paramount Collections pursuant to Your debt recovery Services agreement for recovery action.
“Company” means Paramount Collections, subsidiaries and / or affiliates.
“Client” means You and Your nominees.
“Data” means the Data supplied by the Company and all of the Company’s right, title and interest in and to any Information, Data and Property of any kind whatsoever, whether tangible or intangible supplied by the Company to the Client and the Information Technology and Software developed by the Company.
“Information” means the contemporaneous notes kept with Your accounts that record the Company’s actioning of the accounts.
“Services” means any Services provided by the Company.
“Collexus Online” means the Program[s], the Information and the Data.
“the Program[s]” means the Information Technology and Software developed by the Company used to supply the Services and the Information and the Data to the Client.
“You” and “Your” means the Client and its nominees.
Headings in these Terms and Conditions are for convenience of reference only and shall not affect the interpretation thereof.
Your access to the Paramount Collections – Collexus Online is conditional upon Your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Collexus Online (known collectively as the “Terms and Conditions”). Your use of, and/or access to, the Collexus Online constitutes Your agreement to the Terms and Conditions. Paramount Collections reserves the right to amend the Terms and Conditions at any time.
All Information, Data, text, material and software on Collexus Online (“Content”) is subject to Copyright. Content on Collexus Online is published in real-time, and You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way. All rights are reserved.
You must not use Collexus Online in any manner or for any purpose which is unlawful or in any manner which violates any right of the Company or which is prohibited by the Terms and Conditions.
- Your Acceptance of Changes to Terms and Conditions:Notification of any change to the Terms and Conditions will be provided prior to logging into Collexus Online.Use of Collexus Online after a change to the Terms and Conditions, will constitute Your acceptance of the variation.You can use Collexus Online to access Your accounts and to place certain instructions on such accounts, through the Collexus Online Internet site.
Please read these Terms and Conditions carefully as they govern Your use of Collexus Online.
Keep these Terms and Conditions with Your debt recovery Services agreement with Paramount Collections.
Before using Collexus Online, it is important that You know Your rights and obligations so that You can gain maximum benefit from the Services Collexus Online offers and have, at the same time, maximum protection for Your accounts.
To print the Terms and Conditions, press the Printer icon located at the top and bottom of this webpage, or You can download the Terms and Conditions to Your computer.
By using Collexus Online, You agree that You have been given an opportunity to retain these Terms and Conditions for subsequent reference. In the absence of a specific request by You, You will not otherwise be provided with a copy of the Information.
You may also receive a hard copy of the Terms and Conditions by calling Paramount Collections at 07 5437 8755 (within Australia) or +617 5437 8755 (from overseas through the international operator).
If You have any questions or comments in relation to Collexus Online, please contact the Company staff at Paramount Collections at 07 5437 8755 (within Australia) or +617 5437 8755 (from overseas through the international operator). They will be able to assist You with any query You may have about Collexus Online.
Your use of Collexus Online is to be governed by these Terms and Conditions, which are to be read together with the Terms and Conditions of Your debt recovery Services agreement. Where there is any inconsistency between these Terms and Conditions and the Terms and Conditions of Your debt recovery Services agreement, the latter shall prevail, to the extent of any such inconsistency.
- Accepting Terms and ConditionsYou agree that the first use of Collexus Online by You or Your Nominee will constitute acceptance by both You and Your Nominee of these Terms and Conditions. You and Your Nominee agree to use Collexus Online solely as provided by these Terms and Conditions. You should ensure that both You and Your Nominee have read and understood these Terms and Conditions.
- Licences and Services:The Client is hereby granted a non-exclusive, non-transferable licence under the copyright, patents and other intellectual property rights of the Company to use:-The Information Technology and Software developed by Paramount Collections, the Program[s], for the purpose of accessing account Information and / or Data, in relation to the debt recovery Services supplied by the Company. This licence extends to any corrections and updates supplied by the Company for any licence, Program or Data.The Client acknowledges and agrees that the licence granted under these Terms and Conditions will cease immediately upon the termination of Your debt recovery Services agreement.
Save as aforesaid, the Client is not licenced to use the Program[s] and / or Information and / or Data in any other way and hereby undertakes not to do so.
Where the Company has provided Collexus Online as a dial-in or on-line Service, the Company undertakes to update the system for the Client on a regular basis.
In no circumstances whatsoever will the Company be liable for any economic or other loss bought about by the Company’s non supply of the update Services referred to herein.
- Accuracy of Information:
Use of Collexus Online is at Your own risk. The Company is not responsible for any adverse consequences arising out of the use of the Service.
The Company believes that all Information and Data contained in Collexus Online is accurate and reliable, but gives no warranty of accuracy or reliability of such Information to You or to any third party. However, in most cases, the Information and Data contained on Your accounts should at least reflect the transactions and balances of Your accounts up to the close of business on the previous business day.
To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any Information provided is accepted by the Company, whether arising from negligence or otherwise from the use of the Information and / or Data supplied by the Company.
Nor, to the extent permitted by law, is the Company liable for any loss, damage, cost or expense suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from the Information and / or Data supplied by the Company.
The Company will not be liable for damages or loss resulting from any delay in operation or transmission, virus, communications failure, Internet access difficulties or malfunction in equipment or software.
Not all Services and functions offered through Collexus Online are available at all times.
- No Warranty for the Accuracy of Third Party InformationWhere the Company as part of Collexus Online provides You with any Information and / or Data which the Company obtains from any third party, You acknowledge and agree that the Company does not thereby warrant the accuracy or completeness of any such third party Information and / or Data.
- Security and Access Codes:You acknowledge and accept that the Company is unable to and cannot verify whether access to Collexus Online by provision of the correct Identifier and Password is access to Collexus Online by You.Your Identifier and Your Password will allow anybody using them to conduct the type of operations on Your accounts for which the Identifier and Password provides access and the Company is authorised by You to permit such access. Because of this, You must take special care to protect Your Identifier and Password, keep them secret and not divulge any such Identifier and Password to any other person other than persons directly employed by You. You further acknowledge and agree with the Company that for security purposes You will change Your password as directed by the Company.You must change the Password component of Your Password on initial access to Collexus Online.
- Gaining Access to and Use of Collexus Online:You understand that You will gain access to Collexus Online through the Access Service Provider in the country from where You access Collexus Online, and to this extent, such access will also be subject to and governed by the relevant laws and regulations of that country and any Terms and Conditions prescribed by that Access Service Provider.Supply and maintenance of any equipment necessary to enable You to use Collexus Online (including any hardware and software) and maintenance of any account with an Access Service Provider to enable You to use Collexus Online, is solely Your responsibility.
- take reasonable steps to maintain the security of Your hardware and software; and
- sign off / log off Collexus Online before leaving a computer, mobile phone or other handheld device used to access Collexus Online when unattended.
In order to access Collexus Online, You need to enter (when prompted):
- Your Identifier; and
- Your Password.
The Company may suspend or terminate Your or any Nominee’s use of Collexus Online if the Company reasonably believes that the continued use of Collexus Online may cause a loss either to the Company, Yourself or a Your Nominee or will cause the Company to breach any applicable law.
- Protecting Your Passwords:If You make a record of Your Identifier and / or Password You must keep it separate and well away from Your computer unless the Identifier and / or Password is reasonably disguised. However, to minimise the risk of unauthorised access to Your accounts, it is best to keep Your Identifier and Password, even if disguised, separate and well apart from Your computer.To protect Your Identifier and / or Password You must:
- Try to memorise them;
- Destroy any documentation the Company issues to You containing Your Identifier and / or Password;
- Not write Your Identifier and / or Password on Your computer, even if disguised;
- Not keep a record of Your Identifier and / or Password with or near Your computer;
- Make sure that nobody watches You or hears You when You are entering or using Your Identifier and / or Password at electronic equipment.
If You make a record of Your Identifier and / or Password You must either take reasonable steps to prevent unauthorised access to the record or ensure the record is reasonably disguised. The Company does not consider that You have made a reasonable attempt to disguise Your Identifier and / or Password if You only:
- Record it in reverse order;
- Record it as a series of numbers with any of them marked to indicate the Identifier and / or Password;
- Record the Identifier and / or Password as a telephone number with the Identifier and / or Password in its correct sequence within the telephone number;
- Record the Identifier and / or Password as a telephone number where no other telephone numbers are recorded;
- Disguise the Identifier and / or Password as a date or as an amount.
- What You must do if You suspect a breach of security of Your Identifier and / or Password:If You suspect that the security of Your Identifier and / or Password has been breached, You must ensure that:
- The Password (excluding Identifier Number) is changed immediately.
You must inform us of the suspected breach immediately by telephoning 07 5437 8755 (within Australia) or +617 5437 8755 (from overseas through the international operator).
- Copyright:Copyright in the Information, Data and Program is owned by the Company. You may use this the Information, Data and Program for Your own personal reference only.Except for the temporary copy held in Your computer’s cache and a single permanent copy for Your personal reference, the Information, Data and Program may not be copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act of Australia) without the prior written approval of the Company or where compelled under law.
- Proprietary Rights in Collexus Online:You acknowledge that all proprietary rights (including without limitation title, patent rights, intellectual property and copyright) in Collexus Online (including without limitation the Collexus Online Internet site) shall at all times vest and remain vested in the Company.The Client acknowledges and agrees that it acquires no proprietary rights, as defined herein, in the Information and / or Data provide to You pursuant to these Terms and Conditions further that any Information and / or Data supplied by the Client to the Company for inclusion in Collexus Online becomes and remains the property of the Company.
- Consequential damage:This clause does not apply to the extent that it is inconsistent with or contrary to any applicable law or code of practice to which the Company is legally bound. If those laws or that code would make this clause illegal, void or unenforceable or impose an obligation or liability which is prohibited by those laws or that code, this clause is to be read as if it were varied to the extent necessary to comply with those laws or that code or, if necessary, omitted.The Company is not liable for any consequential loss or damage You suffer, or any third party suffers, as a result of using Collexus Online, other than due to any loss or damage You suffer due to our gross negligence or in relation to any breach of a condition or warranty implied by law in contracts for the supply of Services and which may not be excluded, restricted or modified at all or only to a limited extent.
- Disclaimer and limitation of liability:Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Trade Practices Act (the “Act”) or any other applicable law where to do so is illegal or would render any provision of the Agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the Information and / or Data supplied is expressly negatived and excluded. You agree that the Company will not be liable for any damages or loss of any kind whatever (including, without limitation, any liability for consequential loss) arising out of the use by You of Information and / or Data supplied whether arising from any act, omission or failure (and whether negligent or not) of the Company, its officers, servants, agents or independent contractors or otherwise. If the Company should be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (other than a condition or warranty implied by Section 69 of the Act) in relation to the supply of goods or Services (or both) which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability is limited to any one or more as the Company in its sole discretion considers appropriate of the limitations specified in subsections (a) and (b) of Section 68A(1) of the Act.Further the Trade Practices Act and similar state and territory legislation in Australia (and in New Zealand, except where goods or Services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies to You in relation to the provision by the Company of Services of Collexus Online which cannot be excluded, restricted or modified (“Non-excludable Rights”).The Company does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- All Information and / or Data is provided “as is” and without warranties of any kind, either express or implied;
- The Company expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- The Company does not warrant that the functions contained in the Programme or Your access to Collexus Online will be uninterrupted or error-free, that any defects will be corrected or that Collexus Online or the server which stores and transmits the Information and / or Data to You are free of viruses or any other harmful components;
- The Company does not warrant or make any representation regarding Your access to, or the results of Your access to, Collexus Online (including any related or linked websites) or any Data or Information in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
- You (and not the Company) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Information and / or Data.
Under no circumstances (including but not limited to any act or omission on the part of the Company) will the Company or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, Collexus Online or any Information and / or Data.
You expressly acknowledge and agree that the Company does not exert control over Your, or Your nominees, use of Collexus Online and is not liable for Your, or Your nominees, opinions or Your, or Your nominees, behaviour, including any Information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, the Company’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of the Company, to the following:
in the case of Services supplied or offered by the Company,
- the supply of the Services again, or
- the payment of the cost of having Services supplied again.
- Indemnification:The Company relies on Your continued observance of these Terms and Conditions. If the Company suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then, You agree to indemnify the Company for those losses, damages and costs.You agree to indemnify and keep indemnified the Company from and against all actions, claims, demands and proceedings whatsoever and howsoever arising which may be brought or made against the Company by any person who claims loss and / or damage arising out of the use of Collexus Online. The indemnity so granted shall extend to all costs and expenses including legal costs and expenses on a solicitor and own Client basis that may be incurred by the Company in connection with any such action, claim, demand or proceeding.The indemnity hereby given extends to and includes any actions, claims suits or proceedings, whether contingent or otherwise, brought by any party against the Company whether in the Commonwealth of Australia or elsewhere in the world as a result of any illegal or wrongful or defamatory entry, publication or circularisation, electronic or otherwise, by the Company on behalf of the Client or entered or published or circularised directly by the Client on, by or through the use of Collexus Online.
You will be liable for and indemnify the Company against any loss or damage which the Company will or may incur because You or Your Nominee did not observe Your obligations under these Terms and Conditions or acted negligently or fraudulently in using Collexus Online.
The Terms and Conditions of this Agreement apply to the full extent possible in relation to the supply by the Company of any Information, Data or Program.
All rights not expressly granted herein are reserved.
- Limit of the Company’s LiabilitySubject to clause 13, while the Company undertakes to make reasonable efforts to ensure full performance of Collexus Online, to the extent permitted by law, all statutory or implied conditions and warranties are excluded, and neither the Company nor any of the Company’s parent, subsidiary or affiliate companies are liable to You for any loss or liability of any kind caused by any delay or failure of Collexus Online or the Company to provide Information or perform operations requested (or do so correctly), including (but not limited to) by reason of or in connection with:
- any malfunctions of personal computer terminal, related facilities, or other software or hardware belonging to or operated by You and/or Your Nominee;
- any failure or delay caused by browser software, computer virus or related problems attributable to Services provided by any Access Service Provider or Other Software Providers;
- Your access and/or use of Collexus Online being prohibited, restricted, delayed or otherwise affected by:
- the laws and regulations of the country from where You access Collexus Online and/or the Terms and Conditions prescribed by the relevant Access Service Provider in such country of access; or
- any act or omission by the Access Service Provider;
- You relying or acting or failing to act upon any third party Information provided by the Company through Collexus Online;
- any delay or failure in any transmission or communication facilities;
- any failure or delay relating to any part of Collexus Online;
- any other event beyond the Company’s reasonable control including (but not limited to) situations where the failure or delay is due to restrictions on requisitions, involuntary transfers, acts of war, civil strife, flood, fire or any other similar causes.
Subject to clause 13, to the extent permitted by law, the liability of the Company, and of any of the Company’s parent, subsidiary or affiliate companies under any condition or warranty that cannot be legally excluded is limited, at the Company’s option, to replacement, or resupply of goods or Services supplied (as the case may be), or payment of the cost thereof.
- Customer Service:If You need any assistance with Collexus Online, telephone the Company during business hours at 07 5437 8755(within Australia) or +617 5437 8755 (from overseas through the international operator).
- Fees and Charges:There are currently no additional fees or Service charges incurred or levied when You use Collexus Online, although a small component of Your commission fees payable under Your debt recovery Service agreement with the Company is provisioned for Research and Development. Nevertheless, You remain liable to pay any fees and charges payable to the Company in accordance with the Terms and Conditions of Your debt recovery Services agreement.The Company may at any time impose fees or Service charges for the use of or arising from the use of Collexus Online and You will be liable to pay the Company any such fees levied.You are responsible for all telephone charges incurred in connecting to Collexus Online. You are also responsible for any fees and charges imposed by any Access Service Provider.
The Company reserves the right to charge You for any State, Territory or Federal Government charges, stamp duties or taxes (including any Goods and Services Tax) payable as a result of the use of Collexus Online. Subject to the Terms and Conditions of Your debt recovery Services agreement, any such government charges, stamp duties and taxes shall be Your responsibility and the Company shall debit such charges to the Your Client account.
- Changes in Terms and Conditions:The Company reserves the right to vary the Terms and Conditions from time to time, including the right to terminate any or all of the Services offered through Collexus Online. You will be notified in writing of any such variation.
The Company will give You at least 45 days notice of any changes that will:
- introduce a new fee or charge applicable to Collexus Online;
- vary a fee or charge applicable to Collexus Online;
- increase Your or Your Nominee’s liability; or
- terminate one or more Collexus Online Services.
Your use of Collexus Online after a variation specified in this clause becomes effective will constitute Your acceptance of the variation from that time.
- Severability:In the event any one or more of the provisions of the Terms and Conditions is for any reason held to be invalid, illegal or unenforceable, the remaining provisions will remain valid and enforceable.
- Entire Agreement:The Terms and Conditions constitute the entire understanding between the Company and You relating to Your access to Collexus Online and supersedes all proposals, prior arrangements, oral or written and any other communications between the Company and You in relation to Collexus Online.
- Governing Law:The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. The Company and You expressly agree to submit any dispute arising out of or relating to these Terms and Conditions to the non-exclusive jurisdiction of the courts of Queensland. Any issue relating to any Account or Service which You access through Collexus Online shall be governed by the law(s) specified in the agreement for that Account or Service.