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About our website

Our Website is owned and operated by Paycheck Investigators Pty Ltd (trading as Handle My Complaint) ABN 31 130 413 053 ('Handle My Complaint', 'Paycheck Investigators', 'we', 'our' and 'us') located at the domain names http://www.handlymycomplaint.com.au and http://www.handlemycomplaint.com ('our Website') and operating on the World Wide Web ('Internet').

The Materials on our Website is copyright © 2010 Paycheck Investigators Pty Ltd.

By using our Website and in consideration of us providing you with access to Materials on our Website, you ('you', 'your' and 'user') agree to the following terms and conditions of use ('Terms and Conditions of Use'):

Terms and Conditions of use

1. Use of Handle My Complaint Website and Materials
1.1 The information, graphics, materials, content and all works ('Materials') are intended to summarise our products and services and general matters of interest to existing and potential Handle My Complaint clients.
1.2 The Internet is not a secure medium and communications to and from our Website may be intercepted or altered in transit. We do not warrant that our Website is free from anything which may damage any computer which accesses our Website or data on such computer.
1.3 In using our Website, you are deemed to accept our Privacy Policy which appears on our Website.
2. Restrictions on use
2.1 Our Website and the information and facilities contained on our Website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of Handle My Complaint.
2.2 In addition, you must not:
a) data mine or conduct automated searches on our Website or the content on our Website, whether through the use of additional software or otherwise;
b) incorporate any of the content on our Website or Materials, including advertising or promotional Materials;
c) create links from our Website to any other website on the Internet, or frame or mirror our Website without our prior written consent;
d) tamper with, hinder the operation of, or make unauthorised modifications to our Website or any content on our Website;
e) knowingly transmit any virus, worm or other disabling feature to or via our Website;
f) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
g) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
h) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or
i) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
j) use our Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
k) use our Website or any facilities available on our Website for any activities, or transmit to or via our Website any information or Materials which:
  • i) breach any laws or regulations;
  • ii) breach these Terms and Conditions of Use;
  • iii) infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
  • iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
  • v) are false or misleading;
  • vi) are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
  • vii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
  • viii) attempt to do, or permit another person to do, any of the above acts.
2.3 You acknowledge that all forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Handle My Complaint, and such communications shall not be considered reviewed, screened, or approved by us. We reserve the right for any reason to remove without notice, any contents of the forums received from users, including without limitation bulletin board postings. We reserve the right to deny in our sole discretion any user access to the client centre or our Website or any portion thereof without notice. You agree that in accessing and using our Website, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
2.4 You access our Website at your own risk and you are responsible for compliance with the laws of your jurisdiction and these Terms and Conditions of Use.
3. Access to our Website outside Australia
3.1 We do not represent or warrant that Materials on our Website complies with the laws of any country outside of Australia. If you access our Website from outside Australia, you do so at your own risk.
4. Provision of service
4.1 We may without notice suspend our Website or disconnect or deny you access to any part of our Website:
a) during
  • i) any technical failure; and
  • ii) maintenance period that we decide at our absolute discretion to utilise
b) if you fail to comply with any agreement with Handle My Complaint; or
c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of our Website.
4.2 Handle My Complaint may make improvements and/or changes to our Website or Materials at any time without notice.
5. Intellectual Property
5.1 You may download, print or copy information on our Website for your own use. Apart from this, you shall not sell, lease, furnish or otherwise permit or provide access to our Website to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Materials on our Website, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on our Website for commercial gain.
6. Copyright in Materials on our Website
6.1 Unless otherwise indicated, Paycheck Investigators Pty Ltd reserves all copyright in the content and design of our Website and Materials. Paycheck Investigators owns all such copyright or uses it under licence or applicable law.
6.2 Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Handle My Complaint.
6.3 Handle My Complaint is the owner of several trade marks which appear on our Website. Unauthorised use of these trademarks will infringe our intellectual property rights.
6.4 Handle My Complaint reserves all other rights in Materials and our Website.
7. Limitation of liability
7.1 Handle My Complaint makes our Website available for users to use, however it does not assume a duty of care to users. Handle My Complaint makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of Materials. You should seek legal or other professional advice before acting or relying on any of the Materials.
7.2 Handle My Complaint does not warrant or represent that our Website or Materials will not cause damage or are free from any computer virus or any other defects or errors.
7.3 Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
7.4 Where liability cannot be excluded, any liability incurred by us in relation to the use of our Website or the Materials is limited as provided under the Trade Practices Act 1974 (Cth).
7.5 Under no circumstances will Handle My Complaint be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Materials on our Website.
8. Links from our Website
8.1 Handle My Complaint makes no warranties or representations that Material or content on other websites to which our Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
8.2 Handle My Complaint is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or content on other sites.
9. Uploading information to our Website
9.1 You represent and warrant in relation to any material, content and/or information you provide to our Website that:
a) you will not knowingly transmit any worm, virus or other disabling feature to or via our Website;
b) you are authorised to provide the material and/or information;
c) the Material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
d) the Material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
e) the Material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
f) the Material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation] and any other parliament competent to legislate in relation to our Website or any law in any country where the Material and/or information is or will be available electronically to users of our Website.
10. Improvements to our Website
10.1 Handle My Complaint welcomes ideas and feedback from you about all aspects of our Website. You agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Website (such as forums) or by email to Handle My Complaint.
11. Severance
11.1 If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and the severed part will not affect the validity and enforceability of any remaining terms and conditions.
12. Applicable Law
12.1 The law applicable to use of our Website and Materials and to disputes arising out of our Website, Materials and the Terms and Conditions of Use are governed by, and construed in accordance with the laws of the state of Queensland, Australia.
12.2 You agree to the exclusive jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of the Terms and Conditions of Use.
13. Indemnity
13.1 By using our Website, you indemnify Handle My Complaint and its respective officers, employees and agents (the 'Indemnified') against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Handle My Complaint incurs or suffers as a direct or indirect result of:
a) a breach by you of these Terms and Conditions of Use;
b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded to our Website;
c) any claims brought by or on behalf of any third party relating to any act or omission by you.
14. General
14.1 Handle My Complaint may change the Terms and Conditions of Use at our discretion and without notice. A version of the current Terms and Conditions of Use will be available on our Website as they are changed. This legal disclaimer is in no way limited or altered by any other terms or conditions on our Website.
14.2 If Handle My Complaint does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by Handle My Complaint of our right to act with respect to subsequent or similar breaches.
14.3 You acknowledge the Materials contain general advice only which is not intended for any particular user. You also acknowledge that in preparing the Materials, Handle My Complaint has not taken into account any particular users objectives, financial situation or particular needs. Accordingly, before acting on any information contained in the Materials, you should contact Handle My Complaint to consider whether it is appropriate in light of your particular needs.
14.4 This document and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled.
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