1.1 This website and domain name are owned and operated by e-Volve Pty Ltd ABN 43 093 057 624 (e-Volve, we, our).
(a) headings and italicised, highlighted or bold type do not affect the interpretation of this agreement;
(b) the singular includes the plural and the plural includes the singular;
(c) a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality); and
(d) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary.
3.1 This website allows you to search for, and purchase, IT Procurement services allowing e-Volve to act as your single source IT supplier, and other services described on this website.
3.2 e-Volve has prepared this website in good faith. Information on this website may be derived from third party sources. e-Volve believes the information on this website is accurate and up to date, however e-Volve makes no representation or warranty as to the accuracy or currency of the information.
3.3 All prices quoted on the website are in Australian dollars, unless otherwise indicated. Prices quoted on the website should be used as a guide only as they may change from time to time.
3.4 e-Volve may cease, interrupt or withdraw your access to the site for any reason, including for upgrades and maintenance of the site.
4. Registration May be Required to Access
4.1 e-Volve may require you to register in order to access certain features or services offered on or through the e-Volve website (including setting up a user ID and password).
4.2 Where you register with e-Volve, you must keep your registration and log in details confidential. You will be responsible for any access to and all activity that occurs under your account on the e-Volve website using your registration details, even if the access is by another person, or as a result of your failing to keep this information secure and confidential.
5. Your conduct
5.1 You must:
(b) not use the website for any activity which infringes a third party’s rights or privacy;
(c) not use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) not link, frame or mirror in any way any part of the website without e-Volve's express prior written authorisation; and
(e) not interfere with, disrupt, or create an undue burden on the website.
5.2 Without limiting the above, you must not and must not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, reproducing, viewing, uploading, posting, assessing, analysing, altering, modifying, publically displaying, encoding, translating, transmitting or repackaging the Content (as defined at clause 8 below);
(b) circumvent, disable or otherwise interfere with security-related features of the website;
(c) use, obtain, or attempt to obtain from the website, information in order to identify or discover pricing, the identity of any user, or any underwriting, rating and related business methodology or systems;
(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of the website, or any transaction being conducted on the website, or with any other person's use of the website;
(e) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the website;
(f) attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any e-Volve server, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means;
(g) probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website; and
(h) reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of e-Volve, including any e-Volve account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
5.3 You acknowledge that the Content on the website is liable to change at any time.
5.4 You acknowledge that you are solely responsible for all results of your actions from your use of the website.
6. Content you Submit
6.1 This section applies if you submit, post, transmit or otherwise make any material available via the e-Volve website (your content).
6.2 Where you do so, you grant to us, a non-exclusive, revocable, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate your content for the reasonable purposes of our business, and the right to sub-license those rights to others.
6.3 You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
7. Termination or Suspension of Use
8. Intellectual Property
8.1 The trade marks, service marks and logos (Trade Marks) used in this website are registered or unregistered Trade Marks of e-Volve or its licensors. You may not copy, reproduce, adapt, distribute, sell, modify, publish, store or transmit any Trade Mark in any form, other than with the prior written consent of e-Volve, or as permitted by law. All rights of e-Volve and its licensors are reserved.
8.2 All text, information, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, downloads, services, and computer code (collectively, Content), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the website is owned, controlled or licensed by or to e-Volve, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
9. Linking and Third Party Content
9.1 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals including other service providers (Third Party Websites).
9.2 Third Party Content and Third Party Websites are not under the control of e-Volve. e-Volve does not endorse, approve, guarantee or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
9.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
10.1 This website may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
10.2 It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
10.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this website to the fullest and optimum extent.
11.2 Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
12.1 By accessing this website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website.
12.2 With the exception of any Consumer Guarantees that might apply, e-Volve excludes:
(b) any liability for loss or damage incurred as a result of or in connection with the negligence of e-Volve; and
(c) any liability for special, indirect or consequential loss however caused (including negligence),
arising out of or in connection with the website content, the use or performance of this website or services provided by e-Volve in relation to this website.
12.3 To the extent permitted by law, and subject to clause 12.4, e-Volve will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to access or use the website and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage, which you may directly or indirectly suffer in connection with your use of the website. In particular, e-Volve is not liable if interference with or damage to your computer systems occurs in connection with your use of the website.
Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
12.4 Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again,
(i) the goods or services supplied are goods or services 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
(ii) it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
(iii) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
These terms and conditions are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.
If you have any queries regarding these terms and conditions, please Contact Us.