This website with URL address: permittedusa.com (Website) is owned and operated by Permitted Pty Ltd (ABN 19 152 080 585) (Permitted).
Permitted also owns the following domain names and web pages linked to the Website:
permitted.com.au; and
permittedca.com.
These Terms of use are important and govern your use of the Website. Please read them carefully.
By using the
Website you agree to be bound by these Terms of use. Permitted reserves the right to change
these Terms of use at
any time without notice and by using the Website you agree to be bound by such changes. If you
do not agree with the
Terms of use please do not use the Website.
'Permitted' or 'the website' means Permitted Pty Ltd, 'Us' or 'We' means Permitted.
'ASIC' means the Australian Securities and Investments Commission.
2. Company registration terms
Permitted is not a law or accountancy firm, nor does it provide legal advice. We do not and can
not give you
legal advice.
Responsibility for information provided by you during the use of the website is solely yours.
Some types of accounts on Permitted require credit card payment for
continued access. To access these features, you must pay by credit card the
subscription charges noted in the plan that you select. Subscription
charges, unless prepaid, are deducted monthly from the credit card details
provided via a secure payments gateway and represent one calendar months
access or part thereof. A card payment fee may also apply, that is not
subject to goods and services tax (GST) and is equal to the fee Permitted
incurs from its payment processing provider.
Where applicable card fees are a percentage of the amount being paid plus a
transaction fee. The fee will be calculated at the time of making your
payment. The current card payment fee rates are 2.4% of the value of the
transaction plus $0.30 per transaction made.
Permitted will provide you with a receipt for any subscription charges that
are approved as they occur. Receipts will show any card payment fees that
have been applied to the credit card.
You warrant and represent to Permitted that you are authorised to use
the credit card details that you provide, you authorise Permitted to debit
the fees and charges from your credit card and you authorise Permitted to
store your credit card details in a credit card storage compliant manner
for the purpose of continued billing of your subscriptions. If there are
insufficient funds available on your credit card to meet your payment
obligations under these Terms of use or the transaction is declined for any
reason (other than the negligence of, or wilful misconduct by, Permitted or
a Permitted systems error), your access to Permitted will be suspended
immediately, you will be charged any processing fees incurred by Permitted
for the failed transaction and you may be charged other amounts by the
issuer of the credit card.
Refunds for purchases with Permitted are subject to guarantees assigned
to you under Australian Consumer Law known as Consumer Guarantees.
Permitted strictly adheres to the requirements assigned under these rights.
Customers can request a refund at any time by contacting Permitted, subject
to the guarantees Permitted refunds will only be given at Permitted's
discretion.
3. Privacy policy
The Permitted Website Privacy policy is incorporated into and forms part of these Terms of use.
4. Intellectual property rights
Permitted is the owner of all right, title and interest (including present and future copyright)
in the Website.
All material including domain names, names, text, graphics, images, photographs, illustrations,
diagrams, logos, buttons, icons,
software, and all products, services, processes and technologies described on the Website
(Material) are owned exclusively by Permitted,
its related bodies corporate or others who have licensed their material to Permitted (unless
expressly indicated otherwise).
5. Your use of the Website
You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website
only under these Terms of use.
You may use the Website and view and access the Material only for your personal and
non-commercial use, unless otherwise agreed to in
writing by Permitted. Nothing in these Terms of use or the Website will be construed as granting
to you ownership of the Material or
any proprietary right to the copyright, trade marks, patents or other intellectual property
rights of Permitted, its related bodies
corporate or any third party.
You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish,
licence, frame, upload, transmit, post,
communicate or use the Materials except:
as expressly authorised either in the Website or these Terms of use; or
as authorised in writing by Permitted in a Master Contract.
You may not use any trade mark or service mark appearing on this Website without the prior
written consent of Permittedd or the owner
of the trade mark.
You must not use any so-called spider or similar automated software or device to use or access
the Website or the Materials in any way.
6. Your responsibilities
You may only use the Website for lawful purposes, in a responsible and co-operative manner, and
in accordance with these Terms of use.
It is your responsibility to ensure that your use of the Website complies with the Terms of use
and to seek prior written permission
from Permitted for any uses not expressly allowed.
Permitted prohibits the use of the Website, for any of the following:
transmitting or posting any message, information, data, text, software or images, or
other materials (Content) that is
unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory,
vulgar, obscene, libellous, hateful,
racially, ethnically or otherwise objectionable or invasive of another's right of
privacy;
impersonating any person or entity or to falsely state or to otherwise misrepresent your
affiliation with a person or entity;
posting or transmitting any Content that you do not have a right to reproduce, display
or transmit or that infringes the
rights of any person, or entity;
posting or transmitting any Content that contains a virus or corrupted data;
using any device, software, or routine that interferes with or attempts to interfere
with the proper functionality of the Website;
attempting to decipher, decompile, disassemble or reverse engineer any of the software
that makes up the Website or the Materials
or for the purpose of creating derivative works from the Website.
7. Submissions to Permitted
If you are invited to post Content on the Website by Permitted, Permitted reserves the right
(but assumes no obligation) to remove or amend
any such Content. Permitted reserves the right not to accept unsolicited Content or other
material.
By submitting any Content to any public or non-public areas of this Website, you automatically
grant Permitted the royalty-free, perpetual,
irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt,
publish, distribute, translate, create derivative
works from, perform and display such content (in whole or part) worldwide or to incorporate it
in other works in any form, media, or technology
now known or later developed, without restriction or compensation.
You also warrant that the holder of any rights, including moral rights in such Content, has
completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant to eCompanies the rights and
licence stated above. Subject to the foregoing, the
owner of such Content placed on our Website retains any and all rights that may exist in such
Content.
8. Career information
Permitted may from time to time request applications from people interested in seeking
employment with Permitted. Permitted may not confirm
receipt or otherwise respond to an employment application but will endeavour to retain such
application for a period 6 months from the date of
receipt. Notwithstanding the previous section titled Submissions to Permitted, Permitted will
protect your employment application in accordance
with the any policies of Permitted as amended from time to time.
9. Links and connections to other parties and other sites
The Website may contain links or other connections to websites operated by parties other than
Permitted. These Links are provided for
convenience only. If you use a Link to access a third party website, you do so entirely at your
own risk. Permitteds' inclusion of Links or
other connections to third party websites does not imply any endorsement of the material on them
or any association with their owners or operators.
Websites accessed via Links may contain advertisements by other people. These advertisements are
not recommendations or endorsements by Permitted
and Permitted is not responsible for the products and/or services being advertised.
10. Warranties
You acknowledge and agree that use of this Website is at your sole risk. Permitted makes no
representation or warranty:
as to the availability of any product, good, service, process or technology described on
the Website;
that the functions contained in the Website or your access to the Website will be
error-free;
that any defects on the Website or the Materials will be corrected;
that any information, apparatus, product, software or process used or disclosed on the
Website or any Material accessible from the
Website will be accurate, up to date, complete or useful; or
that the Website or the server which stores and transmits the Material to you are free
from viruses or any other harmful components.
To the fullest extent permitted by law, Permitted, its related bodies corporate and their
officers, employees, agents and contractors
disclaims all warranties of any kind (whether express or implied) in relation to the Website and
the Material and will not be liable for
any direct or indirect damage (including special and/or consequential damage, such as loss of
business, loss of
profits or loss of data) which results from any use or access of, or any inability to use or
access the Website or the Material even if
Permitted was made aware of the possibility of such damages.
Without limitation to the foregoing, Permitted acknowledges that the laws in certain
jurisdictions including Australia may
imply warranties and conditions or impose obligations on the supply of goods and services
through or by means of the Website which cannot
be excluded, restricted or modified except to a limited extent. If any such laws apply, then to
the fullest extent permitted by the law
of the relevant jurisdiction and in the case of Australia to the extent permitted by the Trade
Practices Act 1974 (Cth), Permitted
limits its liability and if any liability remains it will be limited to any one or more of the
following in its sole discretion:
in the case of any goods, the replacement or repair of the goods, or the supply of
equivalent goods, or the payment of the cost
of repairing or replacing the goods or supplying equivalent goods; and
in the case of any services, the supply of the services again or the payment of the cost
of having the services supplied again.
Without limitation to the foregoing, you agree that the liability of Permitted, if any, arising
out of any
kind of legal claim or action in any way connected to the Website or the Material will not
exceed the sum of AUD$1.00.
11. Indemnity
You indemnify Permitted from and against all claims, actions, liabilities, costs and expenses
(including legal costs on a full indemnity
basis) resulting from your failure to comply with these Terms of use.
12. Termination
Permitted may, in its sole discretion and without prior notice to you, terminate your licence to
access to the Website and the Materials
if you breach these Terms of use.
13. Agreement
These Terms of use represent the entire binding agreement between you and Permitted, and our
respective successors and assigns, and
supersede any and all prior understanding, statements or representations, whether electronic,
oral or written, regarding Permitted, the
Website, or the information and contents on the Website.
14. Waivers of any obligation or right
No waiver of any obligation or right by Permitted will be effective unless in writing and
executed by Permitted.
15. Applicable law
The Website is controlled by Permitted from its offices in Permitted, Australia. Permitted makes
no representation that the Material
or the Website is appropriate or available for use in other locations. Those who chose to access
the Website from locations outside of
Australia do so at their own initiative and are responsible for compliance with local laws.
These terms will be governed by and construed in accordance with the laws of New South Wales,
Australia and you irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts of New South Wales,
Australia.
If any provision in these Terms of use is found to be invalid or unenforceable by a court of New
South Wales, such invalidity or
unenforceability will not affect the reminder of these terms and conditions which will continue
in full force and effect.