Terms of service

This Site is owned and operated by Promitheia Procurement Pty Ltd (ACN 640 850 200) trading as Promitheia Procurement a company registered in Australia.

Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”).  These Terms apply to all Site visitors, subscribers, clients, customers, and all other users of the Site.

A reference to “we” or “us” means Promitheia Procurement

A reference to “you” or “your” means you as the user of the Site.

By using the Site, accessing, or purchasing any of the documents, templates and services provided via the Site, you warrant that you:

(a) have the legal capacity to enter into a legally binding contract.

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

Your understanding of these terms is implied where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site.. 

The documents, templates and services provided via the Site are for general information purposes only, are not intended to constitute legal or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.

We make no warranties, representations or undertakings about any of the content of this Site, our templates or the advice provided via a consultation (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such information and/or advice), or any content of any other website referred to or accessed by hyperlinks through this Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Where you purchase a template, you are solely responsible for the completion and use of the template unless your selected Subscription Package specifies otherwise. 

The Site and Online Services contain intellectual property owned by Promitheia Procurement, including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this Site, the Online Services or the Content.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms. 

By ordering or downloading our templates documents (including our Guides) whether directly or via our Subscription Services, you are granted a non-exclusive, non-transferable, limited licence to access and use the template document for your own personal business use. You may not assign or transfer the template documents or your Subscription Package or its benefits to any other person without Promitheia Procurement express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

You may not cancel your Subscription Package. 

At all times you must comply with these Terms when using the Subscription Package and accessing your account. We reserve the right, in our sole discretion, to suspend or terminate your subscription or access to all or any part of your account, including if we believe you have abused the services in any way or have breached these Terms or the terms of the lawyer-client agreement.  Where the Subscription Package is terminated due to a breach of these Terms, the balance of the instalments due for the remainder of the term of the subscription will become immediately due and payable.

We do not accept any responsibility for any loss which may arise from reliance on information, materials, advice or other services purchased via this Site. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, our site; or
2. use of or reliance on any documents, templates and services provided via the Site.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites.

We will not be liable for any loss or damage that may arise from your use of them.

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE
We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer, or subcontract your rights and/or obligations under these Terms.

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.    

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.  

You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.

Promitheia Procurement reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of Promitheia Procurement Online Services.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at jody@promitheiaprocurement.com.