Effective date: 10th May 2016
In these Community Rules (“Rules”):
"we", "us" and "our" means Rundl Pty Ltd ABN 86 147 129 351;
“you” means any individual person using the Rundl Network;
“Loss or Claim” means, in relation to any party, damage, loss, cost, expense or liability incurred by the person or claim, action, proceeding or demand made against the person, however arising and whether present or future, fixed or unascertained, actual or contingent;
“Host Terms” means our agreement, as amended from time to time, with a legal entity (a “Host”) as to its hosting of a Rundl on the Rundl Network;
"Participant Terms” means our agreement, as amended from time to time, with a legal entity (a “Participant”) as to use of the Rundl Network by individuals nominated by that Participant (those individuals being “Authorised Persons” of that Participant);
“Rundl” is a set of process maps, templates, instructions and communication formats specifically designed to facilitate a particular transaction or transaction type. That set may be as provided by us or as further developed or adapted by a Host;
“Rundl Network” means the network described as the Rundl Network in our documentation. We may add, remove or otherwise change features or functionality of the Rundl Network at any time. Hosts and other third parties may provide Third Party Material and Third Party Services that are made available on the Rundl Network; and
“Third Party Material and Third Party Services” means any content, value added services, service features or functionality that is made available through the Rundl Network (including third party services such as (but not only) verification of identity services, payment services, searches or registry enquiries) that are not owned or authored by us, whether or not access to that service is specifically facilitated or arranged by us and whether or not re-billed by us.
Subject to such rules as a Host as we may elect to set as to availability of a Rundl, you may be able to view a particular Rundl. Before you or any other individual can participate in a Rundl:
a legal entity must become a “Participant” by accepting our Participant Terms;
that legal entity must be permitted by a Host to participate in a particular Rundl; and
that legal entity must nominate you or that individual as an “Authorised Person” in relation to that Participant and permit your participation in that Rundl.
We make available the Rundl Network to you on condition that you at all times comply with these Rules.
If we consider that you are not complying with these Rules, we may immediately and without notice withdraw your access to and your ability to use the Rundl Network.
A Host makes available a Rundl to whichever Participants and Authorised Persons as the Host may elect and on such terms as the Host may elect. A Host may restrict or withdraw access to a Rundl or use of a Rundl as a Host may elect. We are not responsible as to why, how or when Hosts elect to grant, restrict or withdraw access to their Rundls.
A legal entity may also become a Participant by accepting our Participant Terms. Our Participant Terms operate in addition to these Rules. These Rules continue to apply to each individual person using the Rundl Network, regardless of whether that individual is a legal entity which is a Participant or an employee or other Authorised Person of a Participant.
A Participant may also become a Host by accepting our Host Terms. A Host remains subject to our Participant Terms in relation to activities as a Participant. Each of our Participant Terms and our Host Terms operate in addition to these Rules.
You will need a reasonably up-to-date and commonly supported browser or internet access device to access and use the Rundl Network and to enjoy full functionality of the Rundl Network. Please consult our website if you wish to check whether your browser or access device is suitable.
If there is any inconsistency between provisions in documents forming part of the agreement between you and us, the following order of precedence (highest to lowest) will apply (if the documents are applicable) and to the extent necessary to resolve that inconsistency:
our Host Terms;
our Participant Terms; and
these Community Rules.
You must be eighteen (18) years or over and have legal capacity to bind yourself to these Rules to access or use the Rundl Network. By using the Rundl Network, you:
state to us that you are eighteen (18) years or over and with legal capacity; and
agree that you will always use Rundl Network yourself (if you wish to permit another person to use the Rundl Network, that other person should separately identify themselves);
agree that you will always use your real identity (that is, without aliases or pseudonyms) when using the Rundl Network.
The Rundl Network and our associated documentation is not designed or intended for use (and must not be relied on) as a substitute for legal, conveyancing, accounting, financial or any other professional advice that may be applicable to your use of the Rundl Network. You should seek your own advice as to suitability of the Rundl Network to meet your legal requirements and business objectives.
By using the Rundl Network, you agree that you will not use it for any purpose, or to make available any material, (all “Unacceptable Material”) that:
breaches your obligations of any kind to any other person or any other person’s rights (whether contract, copyright or other intellectual property, confidence (trade secrets), in tort, privacy and other human rights);
is unlawful or illegal;
is misleading or deceptive or fraudulent;
is offensive, defamatory, discriminatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable material or information;
distributes or otherwise makes available unsolicited advertising or promotional material;
obscures the identity of the Rundl Network or unfairly presents any of its features or functionality as part of any other network or in any way which unfairly promotes alternative networks;
makes available in any way any harmful or malicious code or which denies service of or otherwise interferes with normal operation of the Rundl Network or any other network, system or code.
By using the Rundl Network, you agree that you are aware that Hosts, Participants or individuals may act inappropriately or contravene these Rules without our knowledge. We do not participate in, moderate or manage any data or information entered into the Rundl Network or transactions conducted on the Rundl Network. You agree to report Unacceptable Material. We will endeavour to respond promptly and (subject to availability of resources and it being reasonable for us to do so) we will endeavour to act reasonably to address reports made by users about Unacceptable Material and any other inappropriate conduct or apparent contraventions of these Rules.
By using the Rundl Network, you agree that we may, without notice to you, review, modify or remove any data or information that you contribute to the Rundl Network including where we believe it violates these Rules.
We will endeavour to ensure continuing availability and reliable operation of the Rundl Network. We do not state or hold out that the Rundl Network will be error free or uninterrupted or reliable.
You are responsible for your information, including back-up and restoration. We do not state or hold out that information or data contributed to the Rundl Network will be available or capable of restoration from back-up.
Your registration is personal and non-transferable.
We will provide you with a user name which is specific to you. You may then select a password. You should use an appropriately strong password, keep it private and secure and not share your password with anyone or disclose your password to anyone else. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
You may cancel your registration by notifying us at our nominated support electronic address and providing your user name.
We may refuse your registration or suspend, disable or cancel your account (including your accounts as a Participant or a Host, as applicable) without notice, for any reason, including:
if the sign in details you have provided are inaccurate or incomplete;
where we reasonably suspect that you have breached these Rules;
if required by law or by an agreement between us and a third party;
if reasonably required to detect, prevent or otherwise address fraud, security, instability or technical issues;
if the Rundl Network is discontinued or modified;
if there is extended inactivity of your account; or
to protect the rights, property or safety of us or any third party.
You agree to install and use reasonably up-to-date (at any time) anti-virus, anti-spyware and firewall software.
By using the Rundl Network, you agree that we are not responsible or liable in any way for any Third Party Material and Third Party Services, Unacceptable Material, inappropriate conduct or apparent contraventions of these Rules by any individual, Participant or Host, including any loss or damage that you may suffer or incur as a result of any of these things.
All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Rules and the Rundl Network and our documentation about it that are not contained in these Rules, are excluded to the maximum extent permitted by law.
In particular, and without limiting paragraphs (a) and (b):
while we endeavour to provide a convenient and functional Rundl Network, we exclude any guarantee that your requirements will be met or that your use of the Rundl Network will be uninterrupted, error free or that the Rundl Network is free of viruses or other harmful components; and
we will not be responsible for any loss, corruption or interception of data sent to or from our Rundl Network which occurs outside of our computer systems (such as those which occur while being sent over the internet).
We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software.
Nothing in these Rules excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
If any guarantee, term, condition or warranty is implied into these Rules under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to paragraphs (h) and (i) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all Loss or Claim under or relating to these Rules or the Rundl Network whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the lesser of:
the fees paid by you in the preceding twelve (12) months; or
Subject to our obligations under Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
special, indirect, consequential, incidental or punitive damages; or
damages for loss of profits, revenue, goodwill, anticipated savings or loss, damage or corruption of data (including any data or information that is inputted by you into the Rundl Network to be stored or processed or made available in the Rundl Network in any form), whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You will indemnify us against any Loss or Claim arising out of or in connection with your access to and use of the Rundl Network or our documentation about it, your non-compliance with these Rules and any Unacceptable Material that you contribute or view or rely upon in any way.
The Rundl Network may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Rundl Network and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Rundl Network. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
You agree that we may send you electronic communications from time to time about the Rundl Network and associated services and products made available by us and others.
If any part of these Rules is held to be unenforceable, the remainder will remain in full force and effect and any unenforceable part is to be given effect to the greatest extent reasonably possible.
These Rules are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Your use of the Rundl Network is conducted electronically. You agree that we may communicate with you electronically for all aspects of your use of the Rundl Network, including by sending you electronic notices.
No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
The word “including” when used in these Rules is not a term of limitation.
We may update these Rules from time to time by posting on our website notice of such updates and the date that such updates take effect. If you do not agree to be bound by the updated Rules, you should cease accessing and using the Rundl Network on that date.