Definitions
In these Terms:
“ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
“Agreement” means this agreement for the provision of Services by CoR Comply to client;
“Chain of Responsibility” means the obligations defined and set out in the of laws and regulations under the Heavy Vehicle National Law Application Act (Vic) 2013 and similar acts of the other States as administered by the National Heavy Vehicle Regulator;
“Client” or “you” means a company or a person that purchases the Documents or engages the Services of CoR Comply Pty Ltd;
“consumer” is as defined in the ACL and in determining if the company is a consumer, the determination is made if company is a consumer under the Agreement;
“Documents” means the set or suite of policies, procedures, forms and information sheets developed or otherwise provided by CoR Comply in relation to the Heavy Vehicle National Law;
“Fee” means the charges that CoR Comply charges the Documents or the Services, as adjusted from time to time;
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
“Website” means the CoR Comply website, which the Client may access the Services;
“Services” means the provision of the Documents and any other additional services that CoR Comply may decide to provide from time to time, in relation to Chain of Responsibility transport compliance and as further defined in these Terms;
“CoR Comply” means CoR Comply Pty Ltd (ACN 617 485 024) ATF The CoR Comply Trust; and
“Terms” means these Terms and Conditions of Use.
Basis of Agreement
2.1 By purchasing the Documents and/or the Services from CoR Comply, the Client agrees to be bound by these of the Terms.
2.2 Unless otherwise agreed by CoR Comply in writing, the Terms apply exclusively to every purchase and cannot be varied or replaced by any other terms, including the Client’s terms and conditions of purchase (if any).
2.3 CoR Comply has absolute discretion to refuse to
enter into an Agreement with a Client.
2.4 If applicable, the Client must provide CoR Comply with its specific requirements, if any, in relation to the Services.
Fees
3.1 You agree to pay in full the Fees quoted on the Website for the provision of the Services.
3.2 The Fees include GST and any other taxes or duties imposed on or in relation to the Services, unless otherwise indicated.
3.3 CoR Comply may vary its Fees at any time by notifying the Client.
CoR Comply Obligations
4.1 CoR Comply will use its reasonable endeavours to ensure accuracy and relevancy of the Documents.
4.2 It is acknowledged by both parties that the Client and not CoR Comply is solely responsible for maintaining its knowledge and compliance with Chain of Responsibility and ensuring that it is in compliance with the relevant laws and regulations.
Risk and Insurance
5.1 Your use of the Documents is solely at your own risk and it is incumbent on you to determine if the Documents or the Services meet your requirements.
5.2 You must amend the Documents to suit your circumstances, if it is so required and determined by you and you agree that CoR Comply does not have any knowledge of your individual needs.
5.3 CoR Comply uses it reasonable endeavours to provide accurate Documents and Services but you are advised, and you agree, that CoR Comply will not be held responsible nor liable for any fines, damages, costs or any other loss that you may incur (directly or indirectly) as a result of you being non-compliant with the Chain of Responsibility laws and regulations. The Client assumes sole and complete risk for using the Documents and/or the Services.
Warranty and Liability
6.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Documents or the Services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, or performance of the Services or services or any contractual remedy for their failure.
6.2 In any event, the maximum liability that CoR Comply will accept is the refund of the Fee for the Documents or Services for the current period or the replacement of the Services, at CoR Comply’s sole discretion.
6.3 CoR Comply is not liable for any indirect or consequential losses or expenses suffered by the Client or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL in the event that the Client is a consumer.
6.4 The Client acknowledges that:
(a)(a) it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by CoR Comply in relation to the Services or their use or application.
(b)(b) it has not made known, either expressly or by implication, to CoR Comply any purpose for which it requires the Services and it has the sole responsibility of satisfying itself that the Services are suitable for the use of the Client.
6.5 The Client will indemnify CoR Comply against all claims from third parties that may arise in the event that the Client is non-compliant in relation to Chain of Responsibility including the accuracy, completeness or otherwise of the Services or the Documents.
6.6 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Services which cannot be excluded, restricted or modified.
6.7 If the Client is a consumer nothing in these Terms restricts, limits or modifies the Client’s rights or remedies against CoR Comply for failure of a statutory guarantee under the ACL.
6.8 All warranty claims must be in writing and must be sent to CoR Comply at its business address or registered office address.
Miscellaneous
7.1 The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
7.2 CoR Comply’s failure to enforce any of these Terms shall not be construed as a waiver of any of CoR Comply’s rights.
7.3 If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
7.4 A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
