- discreet
- convenient
- reliable - we are the CAAS experts and can best help you transition to CAPS 1300 134 260
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Need help with the changes from CAAS to CAPS? We are the CAAS experts and can best help you transition to CAPS, call your healthcare consultant on 1300 134 260. 
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Custom made compression garments for disabled athletes is fantastic.
Darron Shields (handcyclist & Sport Scientist) on ActiveFIT
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Need help with the changes from CAAS to CAPS? We are the CAAS experts and can best help you transition to CAPS, call your healthcare consultant on 1300 134 260.
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We regularly benchmark our prices to ensure we are competitive for our customers
-Carmen Riley Intouch CEO
Terms & Conditions
Terms and conditions contents
- Terms of use
- Acceptable use policy
- Account Agreement
- Forums and message board rules
- Terms and conditions of supply agreement and returns policy
Terms of Use
1. Introduction
1.1 Who we are
The Intouch Website (Website) is operated by Intouch (Intouch, We, Us, Our), a division of PQ Lifestyles Ltd ABN 70 079 680 676.
1.2 Persons bound by this Acceptable Use Policy
For the purposes of these Terms of Use, "You" includes any person who accesses or displays Content.
1.3 Scope of this these Terms of Use
These Terms of Use apply to all persons who access, view or use Our Website.
2. Agreement
Your access to Our Website and the data and information in all forms (including object code and source code) displayed or available on this Website and Content is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these as Terms of Use.
3. Terms of use may change
Intouch reserves the right to amend these Terms of Use at any time. Each user (You) agree/s to these Terms of Use by accessing and using Our Website.
4. Things You must not do
4.1 Prohibited acts
You must not:
(a) use Our Website for any activities or post or transmit via Our Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
(b) use Our Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using Our Website or the Internet;
(c) use Our Website to send unsolicited email messages;
(d) in any way tamper with, hinder or modify Our Website or any Content;
(e) use Our Website in any manner which is prohibited by these Terms of Use;
(f) use Our Website for any unlawful purpose, or in any manner, which violates any right of Intouch (or an associated entity), another user of Our Website, or any other third party;
(g) misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(h) attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to Our Website;
(i) attack this Website via a denial-of-service attack or a distributed denial-of service attack or in any other manner;
(j) establish a link from any website to this Website or frame this Website unless agreed by Us in writing; or
(k) attempt any of the above acts or facilitate or assist another person to do any of the above acts; and
4.2 Consequences of breach
If You breach this clause 4, You may commit a criminal offence and Intouch may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use this Website will cease immediately, without limiting Our other rights and remedies.
5. Things You must do
5.1 General
(a) You must use Our Website in a responsible manner.
(b) You must strictly comply with these Terms of Use and any Acceptable Use Policy or other Policies We place on this Website.
5.2 Permitted use
You may use Our Website for personal and non-commercial purposes only, unless We agree otherwise.
6. Intellectual property rights
6.1 Ownership of rights
You acknowledge that this Website, special technology used in connection with this Website, Our services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within or on this Website (Content) are provided by Us or third party providers and are the copyrighted works of Ours and/or such third parties.
6.2 Restrictions
You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content, images or Our services in whole or in part unless expressly authorised in writing by Us or the relevant third party owner. You may not store any significant portion of any Content or Our services or materials in any form. You acknowledge that Intouch and/or Our licensors remain the owners of the Content and that you do not acquire any Intellectual Property rights in any Content.
6.3 Trade mark
The Intouch trade mark and other related trade marks that appear on this Website are trade marks of Ours or Our related companies or in some cases, third parties (Trade Marks). You are strictly prohibited from using, displaying or providing links or to or frame the Trade Marks without express permission from Us or the relevant third parties.
6.4 Ownership of data and information
Except as expressly stated in these Terms of Use, Intouch retains ownership of all Content, data and information generated using or stored on or by this Website.
6.5 No rights created
(a) You may view Our Website and its contents using your Web browser. You may print, copy, download and view materials on Our Website subject to:
(i) the material being used in a manner reasonably anticipated or expressly authorised by Intouch;
(ii) the material being used exclusively for a non-commercial, personal use, unless We agree otherwise; and
(iii) the material not being modified in any way.
(b) You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for by Intouch in these Terms of Use.
6.6 Uploaded material
Intouch welcomes ideas and feedback from you about all aspects of Our Website. You agree that Intouch may use, 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 or by email or in writing to Intouch. If You upload material on any of Our public forums, the Rules of that forum will apply in addition to these Terms of Use but in cases of conflict, these Terms of Use prevail.
7. Links to or from other Websites
7.1 Linked sites
This Website may contain links to other web sites operated by or for third Parties (Linked Sites). Links and pointers to Linked Sites are included solely for Your convenience. Links to Linked Sites or other third party websites do not constitute endorsement, sponsorship or approval by Us of the content, policies or practices of those third party websites, third parties or any other person or any warranty that the Linked Sites are secure or free of viruses or other harmful material.
7.2 Intouch not responsible for third parties
Linked Websites and their owners and operators are not under the control of Intouch and Intouch is not responsible for the acts or omissions of third parties or the contents of Linked Sites and does not review their content. Despite anything in these Terms of Use, You link to, access and use Linked Sites entirely at Your own risk and We will not be responsible or liable, directly or indirectly.
8. Information does not represent professional medical advice
The information on Our Website is provided for informational purposes only and is not a substitute for professional, medical advice or diagnosis, which You should always seek before You make any decision regarding Your health. You are responsible for your own health and therefore should make sure you have sought appropriate advice before embarking on any course of therapy or treatment for any condition you may consider that you might be experiencing or attempting to prevent. If you have or suspect that you have a medical problem, it is your responsibility to contact a qualified medical professional practitioner before taking any action or refraining from any particular action. Information and statements on this Website are not intended to diagnose, treat or cure any disease or health matters but are intended for information purposes only. You agree to access information at your own risk and Intouch is not liable to you for the content of the information or any reliance by you on that information.
9. Forums and interactive services
We may from time to time provide Interactive Services on Our Website, including, without limitation text message, news group, bulletin boards, chat rooms, newsletters, fact sheets or other material (Interactive Services).
Where We do provide any Interactive Service, Our Rules will govern access to and use of that Forum.
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10. Liability
10.1 Your warranty
You represent and warrant that You have not relied on any representation or warranty made by Intouch that has not been expressly stated in these Terms of Use.
10.2 Exclusion of warranties
Despite anything in these Terms of Use, any representation, warranty, condition or undertaking which (but for this clause) would be implied in these Terms of Use by law, is excluded, including without limitation:
(a) all conditions and warranties implied by custom, law or statute, whether express or implied;
(b) all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) all warranties that this Website will be free of errors, defects, will operate in an uninterrupted manner or be free of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
(d) that this Website is compatible or will inter-operate with any particular computer system or item of equipment, software (including operating systems) or data format; or warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights.
10.3 Remedies
Despite anything in these Terms of Use, Intouch’s liability for any claim arising directly or indirectly from a breach of any non-excludable term or condition implied by statute (except for a breach of section 69 of the Trade Practices Act 1974 (C’th)) is limited, at Intouch’s option, to one or more of the following:
(a) if the breach relates to the supply of goods: repairing or replacing the goods or supplying of equivalent goods, or paying the cost of repairing or replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to the supply of services: supplying the services again or paying the cost of having the services supplied again.
10.4 Consequential loss
Intouch is not liable to You for any special, incidental, indirect or consequential loss or damages, or loss of profits, loss of data, loss of business opportunity or liabilities which may be suffered or arise in connection with these Terms of Use or this Website, whether arising from breach of contract, breach of statute, tort (including any negligent act or omission) or otherwise, including but not limited to any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it or making payment using this Website or in relation to any website linked to it.
10.5 Liability cap
Despite anything else in these Terms of Use, to the extent that Intouch’s liability is not otherwise limited in these Terms of Use, Intouch’s total aggregate liability for all loss and damage suffered by You in connection with these Terms of Use, the use of Our Website or Linked Sites or any other reason, whether arising from breach of contract, breach of statute, tort (including any negligent act or omission) or otherwise and whether or not Intouch was aware of or could foresee such loss or damages at any time, will not exceed $100.
10.6 Scope of limitations
Any provision of these Terms of Use which purports to exclude or limit the warranties given by or liability of Intouch under these Terms of Use applies only to the maximum extent permitted by law.
10.7 Indemnity
You agree to indemnify and hold harmless Intouch, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting from Your use of this Website and any breach by You of these Terms of Use and You irrevocably release Us and Our employees directors, agents and officers from and in respect, of all claims, damages or loss of any nature (whether existing or arising in future) caused or alleged to be caused by or in connection with linking to, access, or using this Website or any Linked Site.
11. Disclaimer
(a) This clause is in addition to and does not limit clause 10 or any other provision limiting Our liability or any indemnity given by You.
(b) We take all reasonable care in compiling the Content. However, the Content is provided 'as is' and We do not warrant or represent that it is complete, current or free from errors or omissions.
(c) We cannot screen all Content provided on Our Website including advertisements on Our Website and the information provided on any open discussion site, Board or forum available through this Website. We do not assume any responsibility for the Content of any advertisement or any open discussion site or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable content contained in this Website.
(d) We provide Our services with reasonable care and skill and endeavour to ensure availability of Our services and access to this Website. However, the availability of Our services and access to this Website may be interfered with by numerous factors, including those outside Our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission or telecommunications failures). Accordingly, We do not warrant or represent that Our services and/or your access to this Website or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.
(e) We accept advertisements and material for this Website in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised on this Website will be suitable for any particular purpose, or that an advertiser has particular qualifications, or that the qualifications claimed by an advertiser are valid, or that any statements of the advertiser are true and are not misleading or deceptive. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on this Website and it is your responsibility to verify any information in the advertisements on this Website. If you become aware of any inaccuracies or omissions in the information on this Website We would be grateful if you could bring this to Our attention by contacting us.
12. Supply of Goods and Services
Any goods or services You acquire from Us or Our related Companies through Our Website will be governed by Our Account Agreement and Our Supply Terms.
13. Responsibility for your password and log-in details
You are entirely responsible if you do not maintain the confidentiality of your password and log-in name. Furthermore, you are entirely responsible for any and all activities that occur under your log-in name.
14. No responsibility for the security of your information
Intouch takes care in ensuring the privacy and integrity of the information you provide via Our Website. However, the possibility exists that your information could be unlawfully observed or appropriated by a third party while in transit over the Internet, or while stored on Intouch's systems (including servers) or on Our Website. Intouch disclaims all liability to you to the greatest extent possible pursuant to law should security or integrity of your information be jeopardised.
15. Online promotions or activities
From time to time We may organise competitions, promotions or other activities. These competitions, promotions or other activities will be regulated by Our promotion or other relevant rules at the material time.
16. Intouch privacy notice
The Intouch Privacy Policy forms part of these Terms of Use. By agreeing to these Terms of Use and using Our Website, you also agree to the Intouch Privacy Policy.
17. Termination, suspension and limitation of your access - material breach by you
We may suspend, terminate or limit your access to this Website at any time without notice if:
(a) We think it is necessary to protect Us, Our Website or other users of Our Website;
(b) We decide to limit access to Our Website to You or any other person;
(c) You breach any provision of these Terms of Use;
(d) We reasonably believe that there is a real risk of loss or damage to us or another if We do not suspend, terminate or limit Your or other persons’ access to this Website;
(e) the law requires us to do so;
(f) We believe on reasonable grounds that providing you with access to this Website or to the Content is illegal or may become illegal; or
(g) there is an emergency.
18. Governing law
The Terms of Use for use of Our Website are governed by and construed in accordance with the laws of Queensland. If any of the Terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use.
19. Miscellaneous
(a) You agree to Intouch using the information provided by you via your use of Our Website for purposes of its ongoing reporting requirements to relevant Federal Government and State Government agencies or departments.
(b) All rights not expressly granted in the Terms of Use are strictly reserved.
(c) If Intouch does not act in relation to a breach of the Terms of Use by You, this does not waive Intouch's rights to act with respect to subsequent or similar breaches of the Terms of Use by You.
20. Conflict of documents
Our Acceptable Use Policy, Privacy Policy and Our Forums and Message Board Rules apply in addition to these Terms of Use. If there is any conflict between these Terms of Use and those other documents that cannot be resolved by reading them together, the following descending order of preference applies:
(a) Terms of Use;
(b) Forums and Message Board Rules;
(c) Privacy Policy; and
(d) Any other documents we post on the Website.
These Rules are to be construed in Our favour in cases of conflict.
21. Meaning of words
Account means a facility We may at Our election make available for You on the terms and conditions in Our Account Agreement.
Account Agreement means Our terms and conditions for Accounts from time to time.
Confidential Information includes all information supplied by Intouch to You concerning Membership provided herewith and any components thereof, the Intouch Content, the business of Intouch, information relating to sales, marketing or technical operations of Intouch, trade secrets, know-how, concepts, techniques, formulae, advice and other proprietary knowledge, whether in writing or otherwise, but excluding all information in the public domain expect where that information has become available by virtue of a breach of these Terms of Use or any other obligation of confidentiality.
Content means any material, including images, data, machine or source code available, displayed or use on this Website or stored on servers related to this Website.
Corporations Act means the Corporations Act 2001 (C’th).
Forum has the meaning given in the Rules.
Intellectual Property Rights includes patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Member has the meaning given in the Account Agreement.
Related Companies means a Related Body Corporate of Ours, as defined in the Corporations Act.
Rules means Our Forums and Message Board Rules.
Acceptable Use Policy
1. Introduction
1.1 Who We Are
The Intouch Website (Website) is operated by Intouch (Intouch, We, Us, Our), a division of PQ Lifestyles Ltd ABN 70 079 680 676.
1.2 Persons bound by this Acceptable Use Policy
For the purposes of this Acceptable Use Policy, "You" includes any person who accesses or displays Content.
1.3 Scope of this Acceptable Use Policy
This Acceptable Use Policy applies to all users of, and visitors to the Website. By using and continuing to use this Website, You will be deemed to have agreed to this Acceptable Use Policy. If you do not agree to this Acceptable Use Policy and the Terms, you should not continue to use this Website. This Acceptable Use Policy Applies in addition to and apply in conjunction with the Terms of Use, but in cases of conflict between this Acceptable Use Policy and the Terms of Use, the Terms of Use prevail.
1.4 Meaning of Words
Words defined in this Acceptable Use Policy will have the meaning given in this policy, but words not defined in this policy but defined in Our Terms of Use, will have the meaning given in Our Terms of Use.
2. Your use of forums
2.1 Subject to Rules
Your access to and use of the Intouch online site (Website) and its Forums and Message Boards and the data available on this Website (Content) is subject to this Acceptable Use Policy, read with any Forum Rules.
2.2 Use of Website – things You must not do
You must not:
(a) use the Website in any way that breaches any applicable local, national or international law or regulation;
(b) use the Website n any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) use the Website for the purpose of harming or attempting to harm minors in any way;
(d) use the Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(e) use the Website to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(f) not reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Use; or
(g) not access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website; or any equipment or network or software owned or used by any third party; or
(h) use Our Website in excess of the bandwidth We allocate to each use of the Website from time to time.
2.3 Use of Website – things You must do
(a) You may use the Website only for lawful purposes.
(b) You must apply for an Account and enter into Our Account Agreement before attempting to access any part of Our Website reserved for Account Holders only.
3. Content standards
These content standards apply to any and all material which you contribute to the Website (Contribution), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in Australia and in any country from which they are posted.
Contributions must not:
(d) Contain any material which is defamatory of any person.
(e) Contain any material which is obscene, offensive, hateful or inflammatory.
(f) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(g) Infringe any copyright, database right or trade mark of any other person.
(h) Be likely to deceive any person.
(i) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(j) Be threatening, abusive or invade another’s privacy.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
4. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through Your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use the Website.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Website.
6. Interpretation and conflicts
This Acceptable Use Policy is in addition to Our Terms of Use. If there is any conflict between this Acceptable Use Policy and any other document of Ours that cannot be resolved by reading them together, the following descending order of preference applies:
(a) Account Agreement (if You have entered into an Account Agreement);
(b) Terms of Use;
(c) This Acceptable Use Policy;
(d) Privacy Policy; and
(e) Any other documents we post on the Website.
This Acceptable Use Policy is to be construed in Our favour in cases of conflict.
Account agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. BY APPLYING FOR THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AS FROM THE DATE YOU APPLY FOR THE SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU SHOULD NOTIFY INTOUCH OF YOUR DESIRE TO CANCEL YOUR MEMBERSHIP.
These are the standard Terms and Conditions of Membership which apply to a Membership to the Service, owned and operated by Intouch, a division of PQ Lifestyles Ltd (We, Us, Our and Intouch), by You and Your agents, sub-contractors and permitted assigns (You and Your).
This Agreement applies in addition to and does not derogate from any other terms and conditions that expressly apply to use of the Website, or any other product or services accessed or supplied from, on via or by Intouch or the Website.
1. Obligations of Intouch
1.1 Our undertakings:
During the Term, Intouch will:
(a) provide You with a non-exclusive, non-transferable revocable Membership to access and use the Service for the Membership You have Applied for, through use of Your Account:
(i) for the purposes of You being able to purchase goods and services offered on Our Website;
(ii) to view and post information to forums on Our Website;
(iii) Intouch provides no warranty as to the reliability, accuracy, completeness or timeliness of the Service, the Intouch Content, or the Website;
(iv) subject to and conditional upon You:
A. accepting, without alteration, this Agreement; and
B. fulfilling Your obligations set out in clauses 2, 3 and 4 of this Agreement;
(b) enter You in Promotions if You complete the relevant Promotion Form and comply with the Promotion Rules;
(c) You with a non-exclusive, non-transferable revocable Membership to access and use the Service for the Membership You have Applied for, through use of Your Account:
(d) in respect of Your Personal Information:-
(i) retain and protect Personal Information provided by You in accordance with the Privacy Policy; PROVIDED that Intouch may be legally required to disclose that Personal Information in some circumstances;
(ii) use Personal Information collected about You for the purposes of:
A. access to and use of the Service by You;
B. entry into Promotions, subject to the Promotion Rules;
C. where You are a member of a Group, providing access to and use of the Service by the Group Administrator;
D. providing customer support and other similar activities related to the Service; and
E. keeping You informed of products, services, offers and upcoming events and to improve our services, unless You indicate that You do not wish to receive such information;
(iii) not use Your Personal Information for on-selling to list brokers;
(e) be entitled, without notice or liability to You, to inhibit access to the Service if any authority so requests or if We decide to inhibit or limit access;
(f) be entitled, from time to time without notice to You, to schedule downtime for maintenance, upgrading, testing or repair of any component of the Service or the Website without liability to You;
(g) be entitled, in Our sole discretion, to modify, remove, reconfigure, discontinue, replace, substitute, upgrade or enhance any function, component of, or feature of, or information provided through the Service or on the Website, including but not limited to Promotion Rules, content, hours of availability, pricing, equipment required for access or this Agreement, without any liability to You; and
(h) be entitled, upon notice posted on Our Website, to assign this Agreement or any right or obligation under it, to any other party at its own discretion, or to sub-contract the performance of any of its obligations hereunder.
2. Obligations of Member
2.1 Your undertakings
During the Term, You will:
(a) be solely responsible for selecting, supplying, configuring and maintaining, at Your own expense, all computers, hardware, software, modems and similar which are necessary to access the Service, including any connection to the internet, and all associated telephone lines and telecommunications services;
(b) with respect to the Service:-
(i) not make, and take all steps necessary to prevent others from making, Unauthorised Use of the Service, and use Your best endeavours to assist Intouch to identify and prevent Unauthorised Use;
(ii) not transfer Your Account to any other person;
(iii) maintain adequate security measures to safeguard the Service from access or use by unauthorised persons, including maintaining security of Your Account and taking all other reasonable measures to limit access to the Service to authorised users;
(iv) ensure You have sufficient protection in place, at Your own expense, to protect the Service against Attack and to prevent circulation of Attacks through the Service, including firewalls, policies regarding email attachments, and up to date virus scanning software;
(v) comply, at Your own expense, with all applicable data protection, privacy and export laws, restrictions and regulations, and refrain from directly or indirectly using the Service in violation of any such restrictions, laws or regulations;
(c) where You are a member of a Group, agree that the Group Administrator will have access to, and be authorised to amend, modify, vary or change, all or part of Your Profile and Member Content and Post further Member Content to Your Profile;
(d) register for and take such steps as are necessary to make use of a Payment Method and provide Intouch with up to date details of Your Payment Method Details;
(e) with respect to maintenance, agree that:-
(i) satisfactory performance of the Service depends upon the suitability of Your computers, hardware, software, modems and similar, including connection to the internet, and all associated telephone lines and telecommunications services, which are Your responsibility; and
(ii) any unsuitability of Your computers, hardware, software, modems and similar, connection to the internet, and associated telephone lines and telecommunications services, which causes unsatisfactory performance of the Service or any component will not exempt You from paying the Chargeable Service Fee, nor entitle You to any discount or reduction in the Chargeable Service Fee owing;
(f) acknowledge that Outages may occur in relation to the Service, without notice to You and that such Outages will not entitle You to any reduction in or reimbursement of any Chargeable Service Fee or make Us liable to You or any other person, regardless of the cause or length of the Outage;
(g) adopt appropriate measures to ensure the security, secrecy and confidentiality of Your Account, including log-in information and passwords, and all data transmitted by You through use of the Service, and will not disclose to any other person or entity the Account, whether in use or not, and You will be responsible for any use whatsoever of the Account, including log-in information and passwords, whether authorised or not;
(h) in respect of Your Personal Information:-
(i) acknowledge that Intouch gives no warranty as to the guaranteed protection of Your Personal Information;
(ii) provide to Intouch true and accurate information;
(i) use the Service in a responsible manner, taking into account the effects its use may have on other users;
(j) not use or otherwise engage in any conduct in any way related to the Service, or allow anyone else to use or otherwise engage in any conduct in any way related to the Service:-
(i) for any unlawful, illegal, malicious or improper purpose or to conduct or promote anything that is illegal;
(ii) in any way which interferes with its availability for other Members or otherwise interferes in the proper operation of the Service;
(iii) to offer any contest, sweepstakes, coupon or other promotion, goods or services through the Service or any goods or services without our prior written consent;
(iv) to disclose or misuse private or confidential information to another;
(v) to harass, threaten or menace any person or cause damage or injury to any person or property;
(vi) to breach any laws, infringe any third party rights (including without limitation, IPR’s) or breach or infringe any standards, content requirements or codes promulgated by any relevant authority;
(vii) to impersonate another person or use another’s name, user name, password or account without permission;
(viii) to expose Intouch to the risk of any legal or administrative action including prosecution under any law;
(ix) to interfere with, disrupt or affect the availability of the Service, any other network or computer system or the use of any of them;
(x) to Attack the Service or use the Service to send an Attack; or
(xi) to attempt to do any of the foregoing;
(k) not resell any component of or information provided via the Service, including the Intouch Content;
(l) comply with the Promotion Rules, if You enter a Promotion;
(m) in relation to third party content accessed via the Website:-
(i) acknowledge that many of the products and services advertised and much of the information provided on the Website and in links on the Website are the products, services and information of third parties (TP Information);
(ii) acknowledge that Intouch does not provide or endorse this TP Information, or the third party, and has not checked the accuracy or completeness, suitability or quality of the TP Information;
(iii) make Your own enquiries with the relevant third party direct before relying on the TP Information or entering into a transaction in relation to any TP Information;
(n) not assign this Agreement or any right or obligation under it.
2.2 Your Warranties
You warrant:
(a) You have relied on Your own judgment and experience in entering into this Agreement;
(b) that in entering this Agreement, You have not relied on any representation made by Intouch other than as expressly stated in this Agreement, or on any descriptions, illustrations or specifications contained on the Website or the Intouch Content, or in any advertising material provided by Intouch;
(c) all information You have provided or will provide to Intouch is true in all respects and is not misleading;
(d) You are not a minor;
(e) You have the authority to, and has taken all action necessary to, enter into and perform this Agreement; and
(f) the Agreement is valid and binding on You and enforceable in accordance with its terms.
3. Content
3.1 Proprietary rights in Intouch Content
You acknowledge and agree that:
(a) all content on the Website and available through the Service, including but not limited to Intouch Content are the proprietary property of Intouch or its licensors;
(b) no Intouch Content may be modified, copied, distributed, framed, linked, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Intouch’s prior written permission, except as applies to Your own Member Content that You Post on the Website in accordance with the terms of this Agreement;
(c) You are granted a limited license to access and use the Website and Intouch Content and to download or print a copy of any portion of the Intouch Content to which You have properly gained access solely for Your personal, non-commercial use; PROVIDED that You keep all copyright or other proprietary notices intact; and FURTHER PROVIDED that such licence is subject to the terms of this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Intouch Content other than as specifically authorised in this Agreement, without the prior written consent of Intouch, is strictly prohibited and will terminate the licence granted in this Agreement; and
(d) except for Your own Member Content, You may not upload or republish Intouch Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Intouch Content is strictly prohibited.
3.2 Member Content Posted on the Website
In relation to Member Content, You agree that:
(a) You are solely responsible for the Member Content that You Post on or through the Website, or transmit to or share with others;
(b) You may not post, transmit, or share Member Content on the Website that You did not create or that You do not have permission to Post. You understand and agree that Intouch may, but is not obliged to, review the Website and may delete or remove (without notice) any Intouch Content or Member Content in its sole discretion, for any reason or no reason, including without limitation, Member Content that in the sole judgment of Intouch violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others;
(c) You are solely responsible at Your sole cost and expense for creating backup copies and replacing any Member Content You post or store on the Website or provide to Intouch;
(d) When You post Member Content on the Website, You authorise and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the Member Content on the Website;
(e) by posting Member Content to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Intouch an irrevocable, perpetual, non-exclusive, transferable, royalty free, fully paid worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with the Website or the Promotion or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorise sublicenses of the foregoing;
(f) any questions, comments, suggestions, ideas, feedback or other information that you provide to us ("Submissions"), are non-confidential and non-proprietary. Intouch will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to You; and
(g) If You own or control a website, You may, if We consent in writing, place Intouch’s share link button, logo and/or text (a "Share Link"), including all trademarks therein, on Your website for the sole purpose of enabling users to Post links or content from Your website on the Service. By offering a Share Link on Your website, You agree, represent and warrant that You will not place a Share Link on any page containing content that would violate these Terms if Posted on the Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, You will immediately remove all Share Links from Your website; and
3.3 Member Conduct
You represent, warrant and agree that no materials of any kind submitted through Your Account or otherwise Posted by You on or through the Service will violate or infringe upon the rights (including IPR) of any third person, including copyright, trade mark, privacy, publicity or other personal or proprietary rights; or contain defamatory or otherwise unlawful material. In addition, You agree not to use the Service to:
(a) harvest or collect email addresses or other contact information of other members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails and other unsolicited communications;
(b) use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
(c) use automated scripts to collect information from or otherwise interact with the Service or the Website;
(d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
(e) register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for a Account on behalf of any group or entity;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, Your age or Your affiliation with any person or entity;
(g) upload, post, transmit, share or otherwise make available any unsolicted or unathorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(h) upload, post, transmit, share or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
(i) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(j) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment;
(k) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(l) use or attempt to use another's account, service or system without authorization from the Intouch, or create a false identity on the Service or the Website; and
(m) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Intouch, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Intouch or its members to any harm or liability of any type.
3.4 Share Service
(a) Intouch offers a feature whereby Members of the Website can Post to information through the Service (the Share Service).
(b) You acknowledge and agree that Your use of the Share Services and all links, Member Content or TP Information shared through the Share Service is subject to, and will fully comply with the conduct rules set out in clause 3.3 and the other terms and conditions of this Agreement.
4. Terms of Sale
4.1 Our terms
When You purchase goods or services from Us or Our Related Companies on Our Website, Our Supply Terms apply. To the extent that Our Supply Terms do not apply, this clause 4 will apply when You purchase goods or services via Our Website.
4.2 Purchase qualifications and Account security
(a) To make a purchase on the Website, You must be a registered Member and comply with this Agreement.
(b) You acknowledge that You are responsible for maintaining the security of, and restricting access to, Your Account, and You agree to accept responsibility for all purchases and other activities that occur under Your Account.
(c) Intouch reserves the right to refuse or cancel Orders or terminate Accounts, at any time in its sole discretion.
4.3 Payment Method and Terms
(a) Intouch online payment systems displayed on the Website from time to time and these are the only way You can pay for goods or services offered by Us.
(b) By submitting an Order through the Website, You authorize Intouch, or its designated payment processor, to charge the account You specify for the purchase amount. All payments are to be made in Australia Dollars.
4.4 Delivery
(a) Any Goods purchased through the Website, title to and risk in such Goods passes from Intouch to You upon shipment.
(b) With respect to services You purchase through the Website, You acknowledge and agree that upon making such services available to You (or to their intended authorized recipients), Intouch will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
4.5 Product and Service Descriptions and Availability, Errors
(a) Intouch and its suppliers continually upgrade and revise its Goods and services to provide You with new Goods and services. Intouch may revise, discontinue or modify Goods or services at any time without prior notice to customers, and Goods or services may become unavailable without notice.
(b) Intouch will have no liability of any kind if Goods or services that has been Ordered are unavailable. If necessary, Intouch reserves the right to substitute items of equal or greater value when an item or service is unavailable or Intouch may cancel the Order and refund You without interest.
(c) We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an Order confirmation, in processing an Order, delivering Goods or services or otherwise, we reserve the right to correct such error and revise Your Order accordingly if necessary (including charging the correct price) or to cancel the Order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide You with a merchandise or service credit (including without limitation issuing, at our option, Credits as described below), with a value at least equal to the amount charged to Your credit card. Intouch reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel Your Order and obtain a refund or credit as set out above.
4.6 Taxes
Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Your purchase. If You do not pay such sales or other tax or fee on a transaction, You will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Intouch reserves the right to collect such taxes or other fees from You at any time.
4.7 Credits
(a) In addition to purchasing Goods in accordance with clause 4.2, Intouch may from time to time allow You to purchase Credits.
(b) Each Credit You purchase may be redeemed later for Goods that are available.
(c) Credits and unused portions of them, expire on the later of two years from the date of issuance, and two years from the date of last activity if applied to a Members Account.
(d) Credits cannot be redeemed for cash, and are non-refundable and non-transferable.
(e) Credits will be regulated by any terms and conditions We post on Our Website from time to time.
4.8 Orders
(a) You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and Orders will be deemed to have been received by Intouch at the time Intouch sends an Order confirmation to Your nominated email address.
(b) Each Order, once accepted, represents a separate Agreement incorporating the terms of that Order which is regulated by this Agreement and Our Supply Terms. In cases of conflict between this Agreement and Our Supply Terms, the Supply Terms prevail.
(c) Intouch reserves the right to not accept Orders. If Intouch is unable to supply Your Order, We will notify You without any liability to You.
(d) Intouch will use its best endeavours to supply Orders places through the Website, however Intouch reserves the right to cancel any Order without notice for any reason.
(e) In event of a cancelled Order, any payments processed by Intouch will be refunded without interest or any liability to You.
(f) You acknowledge that the internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond Our control. In these circumstances, Intouch accepts no responsibility and is not liable to You.
4.9 Faulty or damaged goods
(a) Damaged or faulty Goods will be repaired or replaced (at the discretion of Intouch) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of Intouch) a full refund will be issued for the value of the damaged or faulty Goods.
(b) All damaged and faulty Goods must be returned to Intouch.
4.10 Returns
Other than in accordance with clause 4.9, Intouch will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the Website.
5. Fees for Chargeable Services
5.1 Standard Membership
We do not charge and fee for an Account.
5.2 Chargeable Services may be offered
We may from time to time offer Chargeable Services on Our Website. You do not have to acquire Chargeable Services but if You decide to acquire Chargeable Services, this clause 5 will apply.
5.3 Fees for Chargeable Services
Prior to the commencement of Membership for any Chargeable Service and each Renewal, You must pay the Chargeable Service Fee for that Chargeable Service to Intouch by a Payment Method on the Payment Terms.
5.4 Variation to Chargeable Service Fee
Intouch reserves the right to adjust the Chargeable Service Fee:
(a) to accommodate any increase in the costs associated with the Service, where those costs form part of the Chargeable Service Fee herein;
(b) in the event that industry resolution, law or regulation causes an increase in the cost to Intouch in providing the Service;
and You agree that by accessing the Chargeable Service after a variation to the Chargeable Service Fee has come into effect, You are deemed to have agreed to that variation.
5.5 No Refund
The Chargeable Service Fee is not refundable under any circumstances.
6. Confidentiality
6.1 What You must do
During the Term, and after the expiry or Termination of this Agreement, You will:
(a) be responsible for and liable to Intouch for ensuring the Confidential Information is treated as confidential and kept secret and used and dealt with only in accordance with this Agreement and the directions of Intouch;
(b) keep the Confidential Information secure from unauthorised access, damage or destruction;
(c) not reproduce or copy the Confidential Information, in whole or in part;
(d) not disclose, or use, or attempt to disclose or use, any Confidential Information in any manner which may cause or be calculated to cause, injury or loss to Intouch, or in any manner other than contemplated by this Agreement;
PROVIDED that You may disclose the provisions of this Agreement to Your professional advisers and where disclosure is required by law, if You give prior notice to Intouch so that Intouch may take any lawful steps available to it to resist such disclose if its sees fit.
7. Termination
7.1 Termination by You
You may Terminate this Agreement and the Membership granted in it at any time during the Term, by way of notice in writing by email to Intouch, which Termination will take effect immediately but without prejudice to any obligation of Yours existing before termination.
7.2 Suspension of Access
Intouch may be entitled to suspend access to the Membership or any part of it, without any liability to You, immediately upon:
(a) You breaching this Agreement, including, but not limited to, allowing any sums owing pursuant to this Agreement to remain unpaid for thirty (30) days after these sums become payable;
(b) You breaching any Promotion Rules;
(c) becoming aware of any Unauthorised Use of any component of the Service;
(d) any representation, warranty or statement made by or on behalf of You is or proves to be untrue or misleading in any respect when made or repeated to Intouch;
PROVIDED that:
(e) Intouch will provide notice of any such suspension of access to You, along with reasons for the suspension (Rectification Notice);
(f) any such suspension of access will not be considered a termination of this Agreement, unless and until Intouch issues a notice pursuant to clause (d) of this Agreement; and
(g) You will remain liable to pay any Chargeable Service Fee during such suspension.
7.3 Effect of Suspension
Where Intouch has suspended access to Your Membership Intouch will retain all Member Content You have Submitted for a period of thirty (30) days, whereupon if You:
(a) comply with a notice issued pursuant to clause 7.2, Your access to Your Membership will be reinstated and all Member Content Submitted by You will be accessible in the future; or
(b) do not comply with a notice issued pursuant to clause 7.2, which applies to You, Intouch may Terminate this Agreement in accordance with clause 7.4, and all Member Content Submitted by You will be inaccessible by You in the future.
7.4 Termination by Intouch
Intouch may Terminate this Agreement and the Membership granted in it, upon:
(a) thirty (30) days after a notice issued pursuant to clause 7.2, which applies to You, if the notice is not complied with; and
(b) immediately upon written notice to You, upon any representation, warranty or statement made by or on behalf of You, and which was material to Intouch at the time it was made, is or proves to be untrue or misleading in any respect when made or repeated to Intouch and was not made in good faith by You.
7.5 Consequence of Termination
Upon Termination of this Agreement by either party for any reason, You will, in addition to and without prejudice to any other rights, remedies or powers which Intouch might have at law, in equity or set out in this Agreement:
(a) cease to use You Account or any component of it;
(b) be ineligible to enter or remain entered in any Promotion; and
(c) not be entitled to any reimbursement or refund for any losses incurred, other than those set out herein.
8. Warranties
8.1 Our Warranties
Intouch warrants that to the best of its knowledge:
(a) the Membership granted in this Agreement does not infringe the IPR’s of any third party; and
(b) it is entitled to grant the Membership to You;
and agrees to defend any action brought by any third party against You based on a claim that the IPR infringes the rights of any third party; PROVIDED that:-
(c) this is Your sole and exclusive remedy for breach of this warranty;
(d) You provide Intouch with prompt written notice of any claim arising, along with all other reasonable information and assistance, and on You acknowledging that Intouch has:
(i) sole authority to defend or settle the claim, as it, in its sole discretion considers appropriate;
(ii) sole discretion to either obtain for You the right to continue using the Service or to replace or modify the relevant part of the Service so that it becomes non-infringing;
(e) the alleged infringement does not relate to changes, additions or alterations to the Service made by parties other than Intouch, or use of the Service in combination with products or software not provided or approved by Intouch.
8.2 No other Warranties
Intouch will provide the Service and Intouch Content, on an “as is”, “as available” basis, and Intouch undertakes no liability and gives no warranty:
(a) as to the condition, quality or performance of the Service or any component of it, including the Member Content, or the Intouch Content;
(b) as to the accuracy, reliability, completeness, timeliness or otherwise, of the Service, the Member Content, Intouch Content, the content of the Website including text or graphics;
(c) as to the continued availability to Intouch of information to enable Intouch to keep the Service, the Intouch Content, content of the Website up to date;
(d) in relation to defects, errors or inadequacies of any kind in the Service, the Member Content, the Intouch Content, Website, or any component thereof, regarding their fitness for purpose, merchantable quality or interruptions in access to, operation of or use of any of them, either implied, expressed or imposed by statutory requirement;
(e) as to the protection of Your Personal Information;
(f) that the laws applying in the jurisdiction where You are resident, or from which You access the Service, permit You to use the Service, the Member Content, the Intouch Content, content of the Website, or any associated information provided through Your Membership. You agree that it is Your responsibility to ensure that no law is violated by Your use of the Service or Website;
(g) that the Service will run properly:-
(i) on the computers, hardware, software, modems and similar which are necessary to access the Service, including any connection to the internet, and all associated telephone lines and telecommunications services, which You have selected or acquired; or
(ii) within all network and operating system environments used by You; or
(h) that errors in the Service will be rectified;
(i) as to the accuracy, reliability or completeness of the information within the Service relating to entries made by You, including in Your Application and the Member Content which You Submit, which You are solely responsible for entering, updating and maintaining, as to content, correctness and compliance with all laws and regulations in force from time to time, including without limitation, ensuring the information is not misleading or defamatory, and You will indemnify Intouch against all loss and damage arising therefrom;
(j) as to any service or product of any service provider offered through the Service, or the use thereof by any party;
(k) in relation to any use or interpretation made by or on behalf of You of any information received from Intouch, including the Member Content, the Intouch Content;
(l) as to the security of the Service, and will not be liable in the event that any Attack is distributed via the Service, or for any degradation in service, increased download or damage suffered by a Member as a result of any Attack; and
(m) not expressly set out in this Agreement.
8.3 Outages
Intouch will have no obligation to monitor the availability or performance of, or any Outage relating to, the Service, or to ensure the availability of Your access to the Service, or the internet.
9. Limitation of Liability
9.1 Limitation
To the maximum extent permitted by law, Intouch, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Intouch or its affiliates (a Covered Party) will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:-
(a) any errors in or omissions from the Service, Member Content, Intouch Content or any of the content available or not included therein;
(b) any actions of third parties (including Your interactions with users) on or relating to the Service;
(c) Your entry into, disqualification from or Your ineligibility to enter into or to remain entered into any Promotion;
(d) the unavailability or interruption to the supply of the Service or any features thereof or the Member Content, or the Intouch Content;
(e) Your use or misuse of the Service, Member Content, or the Intouch Content, (regardless of whether You received any assistance from a Covered Party in using or misusing the Service);
(f) Your use of any equipment in connection with the Service;
(g) the content of any Member Content, Intouch Content, or the Website;
(h) any delay or failure in performance beyond the reasonable control of a Covered Party; or
(i) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of Intouch’ obligations under this Agreement.
9.2 Mandatory liability
Intouch’s liability to You for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this Agreement shall, to the extent permitted by law, be limited at our option to supplying the Service, Intouch Content, or Website again or paying for their re-supply.
9.3 Limitation
(a) Intouch’s liability to You for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that You caused or contributed to that loss or damage.
(b) Subject to clause 9.2, the aggregate liability of the Covered Parties in connection with any other claim arising out of or relating to this Agreement, Promotions, the Service, Member Content, Intouch Content or the Website will not exceed $100.
9.4 No Consequential loss
Subject to clause 9.2, the Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Service, Member Content, Intouch Content, or the Website, or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.
10. Indemnity
10.1 Your Indemnity
You will at all times, promptly and completely indemnify Intouch against all and any claims, damages, liabilities, costs and expenses (plus any GST payable, and all legal costs and expenses) arising out of:
(a) any breach by or on behalf of You of any provision of this Agreement;
(b) any act of negligence committed by or on behalf of You in performing or omitting to perform, its obligations under this Agreement;
(c) any loss suffered by any third party in connection with any act or omission of or on behalf of You;
(d) the use by or on behalf of You of the Membership or any component of the Membership including the Service, Member Content, Intouch Content, or the Website;
(e) use by any person, whether authorised or not, of Your Account, Profile, user ID or password, unless caused by our deliberate acts;
(f) any interruptions in access to the Service caused by You.
10.2 Continuing Indemnities
Each indemnity contained in this Agreement:
(a) is a continuing obligation despite the occurrence of any act and remains fully effective until all money owing, contingently or otherwise, under an indemnity has been paid in full;
(b) is an additional, separate and independent obligation and no one indemnity limits the generality of another indemnity; and
(c) survives the termination of this Agreement.
11. Survival
The obligations under clauses 2.2, 3, 4, 6 (Confidentiality), 7.5 (Consequence of Termination), 8.1 and 8.2, 9 (Limitation of Liability), 10 (Indemnity), and 11 (Survival) and 12 (Dispute Resolution) will survive Termination of this Agreement, as will any other provision which by its nature is intended to survive termination.
12. Dispute Resolution
12.1 Court Proceedings permitted
Nothing in this clause 12 prevents either party from exercising its rights under this Agreement, which may include commencement of court proceedings.
12.2 Negotiation
The parties will endeavour to resolve by negotiation any dispute that arises between them under this Agreement, and to conduct the dispute resolution process set out in this clause 12 as efficiently and cost effectively as possible.
12.3 Costs
Each party will bear its own costs in relation to its participation in any dispute resolution process.
12.4 Notification
Where a party claims a dispute (including a breach or an alleged breach) has arisen under this Agreement, then:-
(a) that party will give written notice to the other party of the nature and details of the dispute and nominating a representative to negotiate and settle the dispute (Notice);
(b) the other party will, within ten (10) days of receiving the Notice, reply in writing nominating its representative to negotiate and settle the dispute (Reply); and
(c) the representatives of each party will use their best endeavours to negotiate and settle the dispute, which settlement will be recorded in writing and signed by both representatives. The parties acknowledge that it is in their respective interests to resolve disputes at this level.
12.5 Mediation
Should the representatives fail to reach a resolution in accordance with clause 12.4 within ten (10) days of the issue of the Reply, the parties may proceed to mediation. The mediator will be agreed between the parties or, failing agreement, will be an accredited mediator appointed by the Chairman of the Queensland Chapter of the Institute of Arbitrators and Mediators Australia. The parties agree to abide by the ADR Rules, in seeking to resolve the dispute in accordance with this clause 12.5.
12.6 Arbitration
If the dispute cannot be settled within thirty (30) days (or such other period as the parties agree) after the mediator has been appointed or if the parties do not agree to mediation, within ten (10) days of the issue of the Reply, the dispute may be referred, at the instance of either party, to the Chairman of the Queensland Chapter of the Institute of Arbitrators and Mediators Australia for the appointment of a graded arbitrator who will arbitrate the matter in accordance with the provisions of the Commercial Arbitration Act (1990) Qld. Unless the parties agree otherwise, the place of arbitration will be Brisbane, Queensland.
12.7 Continued Performance
Notwithstanding the existence of a dispute, each party will continue to perform its obligations under this Agreement, wherever practicable.
13. IP Complaints
13.1 Action on receiving complaints
Intouch respects the IPR’s of others and prohibits users from Posting User Content that violates another party's IPR’s. When We receive a proper claim of IPR infringement, We promptly:
(a) remove or disable access to the allegedly infringing content; and
(b) terminate the accounts of repeat infringers in appropriate circumstances.
13.2 How to complain
If you believe that content on the Service infringes your IPR’s, please visit our Claims of IP Infringement Page. All IPR claims can be made through that page, including any copyright claims, which will be handled in accordance with the Copyright Act 1968 (C’th) and the law generally. If you are a user whose Member Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please visit our Claims of IP Infringement Page and follow the steps set out there.
14. Mobile
14.1 Availability and charges
There may from time to time be features of the Service that may be accessible via certain mobile carriers (the "Mobile Services"). If Mobile Services are available, We may charge for these Mobile Services in accordance with any terms and conditions we impose for them and your carrier's normal messaging, data and other rates and fees will also still apply. By using the Mobile Services You agree to be bound by our terms and conditions for Mobile Services and You agree that we may communicate with You by SMS, MMS, text message or other electronic means to Your mobile device, and that certain information about Your usage of the Mobile Services may be communicated to Us.
14.2 Changes of number
In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your Account information on the Service to ensure that Your messages are not sent to the person that acquires Your old number.
15. Force Majeure
15.1 Effect
Subject to clause 15.4 below, and with the exception of the payment obligations of You, neither party to this Agreement will be in breach of this Agreement if there is any total or partial failure of performance by it of its duties or obligations under this Agreement, or any delays in performance, occasioned by any cause or circumstance beyond that party's control, including without limitation acts of God, of fire, of Government or State, of war, of civil commotion, of riot, of insurrection, of embargo, of strike or lockout, any prevention from or hindrance in obtaining any raw materials, interference by civil or military authorities, compliance with the laws of Australia or with the orders or policies of any governmental authority, delays in transit or delivery in the part of transportation companies, electrical or equipment suppliers or communication suppliers or facilities or of pandemic (Force Majeure).
15.2 Cessation
Upon cessation of the cause of any Force Majeure, this Agreement will again become fully operative.
15.3 Upon occurrence
In the event of the occurrence of Force Majeure:-
(a) the party claiming that Force Majeure has occurred will, without unnecessary delay, notify the other party in writing, advising of the cause or event giving rise to the Force Majeure; and
(b) either party may then propose reasonable changes to this Agreement by notice in writing to the other party and the parties will negotiate the changes in good faith and will complete and sign an addendum which will be come part of this Agreement; and
(c) the party claiming that Force Majeure has occurred will notify the other party in writing, advising of the cessation of the Force Majeure, immediately upon its cessation.
15.4 Termination
Either party may, if there has been no notice of the cessation of the Force Majeure for more than one hundred and eighty (180) days from the first occurrence of failure or delay in performance, and if the effect of the Force Majeure has not been overcome by the signing of an addendum pursuant to clause 15.3(b):
(a) issue a notice pursuant to clause 16.1; or
(b) terminate this Agreement immediately on giving notice in writing to the other party.
15.5 Exclusions
This clause 13 (Force Majeure) does not apply to:-
(a) clause 6 (Confidentiality), or clause 10 (Indemnity); or
(b) clauses 8.2 and 9; or
(c) clauses 2.1(a), (b), (e), (f), (g), (h) and (i); or
(d) clause 16.9(a) or 12; or
(e) any obligation of either party to pay any money to the other.
16. Administrative Provisions
16.1 Notice
(a) Notices or other communications given under this Agreement including, but not limited to, requests, demands, consents or approvals, will be in writing and delivered either by mail, email or by facsimile, and addressed to:
(i) Intouch at (email address)
(ii) You at the address set out in the Application.
(b) Notice will be deemed given, in the case of:
(i) prepaid registered mail, three (3) working days from and including the date of posting;
(ii) email receipt by the sender of an acknowledgment or transmission report generated by the machine from which the email was sent;
(iii) facsimile, on receipt by the sender of an acknowledgment or transmission report generated by the machine from which the facsimile was sent;
if given within normal business hours, or otherwise notice will be deemed given at the commencement of the first business day thereafter.
16.2 Entire agreement
This Agreement, when read in conjunction with the ADR Rules, sets out the entire understanding between the parties and merges all prior discussions and agreements between them. The parties will not be bound by any conditions, definitions, warranties or representations in respect of the subject matter of this Agreement other than those contained in this Agreement or the ADR Rules, and that to the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to this Agreement, which could otherwise be relied upon by either party are excluded, unless expressly stated in this Agreement.
16.3 Industry change
(a) In the event of any change in legislation or industry practice, or the content generally available within the Service, that directly or indirectly affects:
(i) the operation of this Agreement or the Service which is material to Intouch performing its obligations, including its obligations to You; or
(ii) the benefits of this Agreement accruing to Intouch;
(iii) Intouch reserves right to change these Terms & Conditions:
A. with or without further notice to You;
B. without giving You any explanation or justification for such change.
(b) It is Your responsibility to ensure You carefully read this Agreement each time You access the Service, or the Website. Any revision to this Agreement will take effect immediately upon being posted on the Website.
(c) The parties acknowledge and agree that only You and Intouch have or are intended to have a right or remedy under this Agreement or obtain a benefit under it.
16.4 Changes in Internet-Related Laws
The parties to this Agreement recognise that issues of legal liability and responsibility for internet-related transactions are changing rapidly. The parties intend to retain their relative responsibilities and rights regardless of changes in underlying statutory or case law. The parties agree to negotiate in good faith any amendments to the Agreement necessary to maintain the relationship between them.
16.5 Forum and jurisdiction
This Agreement is deemed to have been made in Queensland, Australia and the construction and performance of this Agreement will be governed in all respects by the law of that place and any dispute in relation to any provision of this Agreement will be heard in the appropriate jurisdiction in that place.
16.6 Waiver
(a) Any failure or delay by a party in the exercise of any of their rights under this Agreement will not be deemed to be a waiver of such rights, except where the party expressly by notice in writing waives compliance with such provision.
(b) The waiver by a party of any default by the other party of any of the obligations of this Agreement will not be in any way construed to operate as a licence to the other party to repeat or continue any such alleged default or as a waiver of any subsequent default, whether of like nature or not.
16.7 Time
Time will in all respects be of the essence, such that all time periods nominated in this Agreement will apply strictly.
16.8 Member may not withhold payments
You will not on any grounds of alleged non-performance by Intouch of any of its obligations or for any other reason, withhold payment of any Chargeable Service Fee due whatsoever.
16.9 Taxes and stamp duty
The parties agree that:
(a) You will pay when due, and indemnify Intouch against all liability for, all taxes, any tax on goods, services or goods and services, including any value added tax, broad based consumption tax or other similar tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST), charges, licence fees, stamp duty or assessments (including any penalties for late payment) imposed by any governmental authority and payable by Intouch or You in relation to any goods or services provided under this Agreement, excluding income tax payable by Intouch on its net income.
(b) Intouch will pay when due, and indemnify You against all liability for, all taxes, GST or assessments (including any penalties for late payment) imposed by any governmental authority and payable by Intouch or You in relation to any payments to be made by Intouch to You under this Agreement.
(c) Unless expressly stated otherwise, any consideration for any supply made pursuant to this Agreement does not include GST. You agree to pay GST, if You are an Australian resident, on all amounts owed to Intouch, in addition to any consideration set out in this Agreement.
16.10 Severability
If any term of this Agreement is to any extent, held by any Court of competent jurisdiction to be invalid or unenforceable, that provision will be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability, and the remaining terms and provisions of this Agreement will not be affected and will remain in full force and effect.
16.11 Further assurances
Each party will do all such acts, matters and things and execute such further deeds and other documents as may be necessary or desirable for the purpose of giving effect to this Agreement.
17. Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following terms have the corresponding meanings:
Account means the Membership account for Your use of areas of the Service reserved for Members, and associated account information, log-in information, user ID, passwords and identity;
ADR Rules means the mediation rules of the Institute of Arbitrators and Mediators Australia;
Agreement means each and every one of the terms and conditions of this Membership Agreement including any document expressed to be supplementary to it;
Application means that application for Membership as one or both of a Standard Member or any other category of Membership We make available for time to time, made by You by completing the relevant form on the Website, and submitting it to Intouch for approval, and Apply, Applying and Applied will have a corresponding meaning;
Attack means attacks on computer systems or programs including both high level computer programs such as viruses, worms, trojans or other malicious computer programs or lower level denial of service attacks;
Chargeable Service means any service that We offer and for which Chargeable Service Fees are payable;
Chargeable Service Fee means that fee to be paid by a Member to Intouch in relation to any Chargeable Service for which that Member has subscribed, throughout the Term, in accordance with this Agreement;
Commencement Date means the date upon which Your Membership commences being the date when Intouch advises We have accepted Your Application;
Confidential Information means all information supplied by Intouch to You concerning Membership provided herewith and any components thereof, the Intouch Content, the business of Intouch, information relating to sales, marketing or technical operations of Intouch, trade secrets, know-how, concepts, techniques, formulae, advice and other proprietary knowledge, whether in writing or otherwise, but excluding all information in the public domain expect where that information has become available by virtue of a breach of this Agreement or any other obligations of confidentiality;
Corporations Act means the Corporations Act 2001 (C’th);
Credits means those service credits granted by Intouch to You each or which You purchase, which may be redeemed later for goods or services available on the Website, at a value for each Credit of AUS$1.00, or as varied from time to time by Us;
Goods means any product described in an Order, and includes packaging.
Group means that class or collection of related Members who belong to or form a particular group or forum on Our Website, subject to the Rules of that forum.
Group Administrator means that Member or Intouch nominee who belongs to or forms part of a particular Group and who manages that Group, including having access to and use of the Services, Member Content of other Members who are members of the same Group;
Intouch Content means that material provided to You pursuant to this Agreement or to which You otherwise gain access, through Publication by Intouch on the Website, including, but not limited to, data, information, designs, artworks, correspondence, emails, marketing and operation information, names and logos, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, and other information with respect to the Service, in any form, whether such material is owned by Intouch, its Members or licensors;
IPR means all intellectual property rights including those rights in patents, patent applications, trade marks, copyright, designs (whether registered or not), circuit layout rights, business reputation, confidential information, know-how and trade secrets subsisting in the Service, the Website, the Intouch Content, the Confidential Information, and anywhere in the world;
Member Content means that data, information, photos, messages, notes, text, video and other content we permit You to Post on or through the Service,
Membership means a membership provided by Intouch to You, in accordance with this Agreement, using the Account, throughout the Term, and which allows You a non-exclusive, non-transferable, revocable licence to access and use the Service for that membership and Member will have a corresponding meaning;
Membership Type means that type of Membership which You apply for, and which entitles You to the applicable services for that membership, being either a Standard Member or any other category of Membership we make available for which You Apply and are accepted, from time to time;
Order means a request submitted by You to purchase Goods from Intouch through the Website;
Outages means those occasions when Intouch or other third parties perform remedial work in the form of maintenance, upgrades or repairs to the Service or the Website, such that all or part of the Service or the Website is not available for Your use or access;
Promotion means any Promotion or promotion We decide from time to time may be entered into by Members or classes of Members.
Payment Confirmation means that confirmation, received by Intouch, that payment of any Chargeable Service Fee or amount for goods or services Order from Intouch, has been authorised by the Payment Method;
Payment Method means that method by which Intouch will accept online payment from You from, as notified on Our Website from time to time, including PayPal.
Payment Terms means the terms of payment available to You for payment of the Chargeable Service Fee, as set out in the terms and conditions for Chargeable Services and displayed on Our Website from time to time.
PayPal means that global online payment and account-based system, and related products, using Secure Socket Layer (SSL) technology for security payments services via the internet, and licensed from PayPal Australia Pty Limited (ABN 93 111 195 389) by Members;
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
Post means to post, transmit, share, upload, publish and display any content, including Member Content, using the Service.
Privacy Policy means that privacy policy printed by Intouch on the Website, which sets out Intouch’s use of, storage of, collection of and protection of Personal Information;
Promotion Rules means the terms and conditions We decide for any Promotion.
Promotion Form means the online or other forms We decide will be used to enter into a Promotion.
Publish means the publication, communication or dissemination of the Intouch Content by Intouch to You, and where You are a member of a Group, to the Group Administrator, whether by email, or uploading onto Your Profile, or the Website, or by other means, at the time and from time to time, and Publishing, Published and Publication will have a corresponding meaning;
Related Companies means a Related Body Corporate of Ours, as defined in the Corporations Act;
Service means the Website;
Standard Member means that Membership which You Apply for, and which entitles You to access to areas of Our Website reserved for Members only, including posting Member Content, entering Promotions and purchase of Goods and services from Intouch, if We make them available on the Website;
Supply Terms means Our Supply Terms from time to time, a current version of which is set out in Schedule 1;
Term means that period of time from the date Intouch accepts Your Application for any permitted type of Membership, which acceptance will be provided to You via email until termination or expiry of that Membership in accordance with this Agreement.
Unauthorised Use means acts of misuse of any component of the Service by You, including but not limited to use:
(a) other than strictly in accordance with this Agreement;
(b) which causes degradation to the Service, or interference with use of the Service by others, or circumstances which may place Intouch in potential or actual breach of any agreement with third parties;
(c) to allow (whether knowingly or not) any computer virus, trojan horse or other malicious, harmful or disabling data, code or program to be transmitted or disseminated into the Service;
(d) to interfere with, disrupt or attempt to gain unauthorised access to, any computer system, network or account for which it does not have authorisation to access;
(e) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
(f) access the data transmitted via the Service to develop or publish any product in Promotion with those provided by Intouch;
(g) copy, disclose, publish or otherwise make available to any third party, any compilation of data obtained through the use of the Service;
Website means that set of internet web pages hosted by Intouch, available for access under the Terms of Use displayed on the Website, in addition to other web pages designed for access by You and other Members, via the Account;
17.2 Interpretation
In this Agreement unless the context otherwise requires:
(a) reference to a person includes any other entity recognised by law and vice versa;
(b) the singular includes the plural and vice versa;
(c) one gender includes every gender;
(d) reference to party includes their executors, administrators or permitted assigns or, being a company, its successors or permitted assigns;
(e) an agreement, representation or warranty on the part of two or more persons binds each and all of them;
(f) an agreement, representation or warranty in favour of two or more persons if for the benefit of each and all of them;
(g) clause headings are for reference purposes only;
(h) reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of it.
Forums and Message Board Rules
1. What are these Rules?
1.1 Who We Are
The Intouch Website (Website) is operated by Intouch (Intouch, We, Us, Our), a division of PQ Lifestyles Ltd ABN 70 079 680 676.
1.2 Persons bound by these Rules
For the purposes of these Rules, "You" includes any person who uses, accesses or displays this forum.
Expressions not defined in these Rules have the meaning given in Our Terms of Use.
1.3 Scope of these Rules
Your access to and use of any message board, forum or other interactive facility on Our Website (Forum) is subject to these Rules.
1.4 Meaning of Words
Words defined in this Acceptable Use Policy will have the meaning given in this policy, but words not defined in this policy but defined in Our Terms of Use, will have the meaning given in Our Terms of Use.
2. Rules regulate your use of forums
2.1 Rules binding on You
You must read these Rules before You use any Forum. By using and continuing to use a Forum, You represent that You have read, understood and agreed to these Rules. If You do not agree to these Rules, You should not continue to use any Forum.
2.2 Rules may change
From time to time, We may need to change these Rules to reflect Our changing business or circumstances. We may also need to change these Rules if We are required by law, for security reasons or for technical or infrastructure reasons. We may change these Rules at any time by posting the changed Rules on Our Website.
3. How You can use a forum
As a user of a Forum, You may be able to post reviews, comments, testimonials and other content; send communications and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.
4. Our rights to uploaded material
4.1 We can Use Uploaded Material
If You do post content or submit material to a Forum, unless We indicate otherwise, You grant Us (and Our related companies) a perpetual, non-exclusive, royalty-free, transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material in electronic or other form anywhere in the world in any media.
4.2 We will keep your identity private
If You do post content or submit material and We decide to display, publish or use that material, We will at Our election either use Your screen name associated with Your Account or only use Your first name and suburb (as disclosed to Us by You) and will keep your surname and other personal information, private.
4.3 Testimonials and Complaints
(a) If You do post content or submit material as a testimonial, We will in relation to testimonials, use your first name and suburb only, if We decide to publish or display that material.
(b) If You do post content or submit material as a complaint, We may make Your personal information available to Our Related Companies if that is necessary for assisting You with Your complaint.
5. Your warranties
5.1 Warranties given by You
You represent and warrant that You own or otherwise control all of the rights to the material that You post; that, as at the date that the content or material is submitted
(a) the content and material is accurate; and
(b) use of the content and material You supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
5.2 Your indemnity regarding Warranties
You agree to indemnify Us (and Our subsidiaries) for all claims brought by a third party against Us (and Our related companies) arising out of or in connection with a breach of any of these warranties or of these Rules by You.
6. Monitoring and editorial control
6.1 Consent may be offensive
A Forum may contain discussion groups, bulletin boards, chat rooms, newsletters, fact sheets and other interactive services. We support the free flow of information and ideas over the Internet, but may not actively monitor use of Our Forums. Similarly, We do not exercise editorial control over the content of any third party sites, electronic mail transmission, text message, news group, bulletin boards, chat rooms, newsletters, fact sheets or other material created or accessible over or through Our Website. As a result, You may be exposed to content on the Website, in a Forum or on sites accessible over or through the Website that You find offensive or objectionable and You access and use a Forum at Your own risk and without Us having any liability.
6.2 We may decide to moderate, but do not have to
We reserve the right to monitor and moderate Our Forums and other interactive portions of Our Website and to remove or refuse to publish any content which, in Our sole discretion, constitutes a misuse of these interactive services and may restrict, suspend or terminate Your use of these services or the Website or Your Account where We believe that there has been such a misuse.
6.3 No endorsement
The opinions expressed by reviews, newsletters, fact sheets, live chat rooms and/or posted on bulletin boards, in Forums or on other interactive services are not necessarily Ours and We do not endorse them. Any statements, advice and opinions made by such participants are those of such participants only. We neither endorse nor shall be held responsible for any such statements, advice or opinions.
6.4 Not medical or professional advice
The information on Our Website is provided for informational purposes only and is not a substitute for professional, medical advice or diagnosis, which You should always seek before You make any decision regarding Your health. You are responsible for your own health and therefore should make sure you have sought appropriate advice before embarking on any course of therapy or treatment for any condition you may consider that you might be experiencing or attempting to prevent. If you have or suspect that you have a medical problem, it is your responsibility to contact a qualified medical professional practitioner before taking any action or refraining from any particular action. Information and statements on this Website are not intended to diagnose, treat or cure any disease or health matters but are intended for information purposes only. You agree to access information at your own risk and InTouch is not liable to you for the content of the information or any reliance by you on that information.
7. Accounts
In order to use these forums, users are required to have an Account and to enter into Our Account Agreement. If We give You an Account, you will have to provide a username, password and e-mail address.
8. Interpretation and conflicts
These Rules are in addition to Our Terms of Use and Account Agreement. If there is any conflict between these Rules, Our Account Agreement and/or Our Terms of Use or other documents that cannot be resolved by reading them together, the following descending order of preference applies:
(a) Account Agreement;
(b) Terms of Use;
(c) these Rules;
(d) Privacy Policy; and
(e) Any other documents we post on the Website.
These Rules are to be construed in Our favour in cases of conflict.
9. Privacy
9.1 Your posts will become public
Neither the administrators of these Forums, or the moderators participating, are responsible for the privacy practices of any user. Remember that all information that is disclosed in a Forum becomes public information and You should exercise caution when deciding to share any of your personal information. Any user who finds material posted by another user objectionable is encouraged to contact us.
9.2 Cookies
Cookies must be turned on in your browser to participate as a user in these forums. Cookies are used here to hold your username and password and viewing options, allowing You to login
9.3 Privacy Rules
Your use of this forum is subject to Our Privacy Policy.
Terms and conditions of supply agreement
1. What is this?
This is a Contract between any person (the Customer) who Orders Products from Intouch, a Division of P.Q. Lifestyles Ltd (Intouch).
2. Application of Conditions
These Conditions will:
(a) apply to and be incorporated into every Contract; and
(b) prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's Order or other document or communication supplied by the Customer, or implied by law, trade custom, practice or course of dealing.
3. Commencement and Duration
The Customer's Order constitutes an offer by the Customer to purchase the Products specified in it on these terms and conditions. No Order placed by the Customer will be Accepted by Intouch other than by a written acknowledgement issued and executed by Intouch in accordance with clause 4.2, when a Contract for the supply and purchase of the Products on these terms and conditions will be established.
4. Orders
4.1 Construction of Order
Each Order is deemed to be a separate offer by the Customer to enter into a Contract to purchase Products on the terms of these Terms and Conditions of Supply, which Intouch is free to accept or decline at its absolute discretion.
4.2 Acceptance of Orders
No Order will be deemed to be accepted (Accepted) by Intouch until Intouch issues an Order Number or (if earlier) Intouch notifies the Customer that the Order is ready for collection.
4.3 How to place Orders
Each Order must be made through Our Website, following the dialogue boxes and other instructions for making the Order of the relevant Product. If the Customer Orders Products through Our Call Centre, the Customer must follow the instructions given by the Call Centre Consultant.
4.4 Order Numbers
Intouch will assign an Order Number to each Order it accepts and notify such Order Numbers to the Customer. Each party will use the relevant Order Number in all subsequent correspondence relating to the Order.
4.5 No amendments or cancellations by Customers
The Customer cannot amend or cancel an Order once it is placed through the Website or Call Centre.
4.6 Cancellation by Intouch
Intouch may cancel an Order at any time before Delivery of the Products and will notify the Customer of cancellation without any liability to the Customer or any person through the Customer.
5. Quality and Packaging
5.1 No warranty as to stocks
Intouch does not represent or warrant that it will have stock of any Products displayed on the Website, whether or not the relevant Product is marked “out of stock”.
5.2 Packaging
Intouch will pack and supply the Products for which it has Accepted Orders in accordance with generally accepted industry standards.
5.3 Warranties and representations
Subject to clause 5.4, except as set out in these Terms and Conditions of Supply, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions of Supply.
5.4 Manufacturer warranties
Intouch will, to the extent possible, give the Customer the benefit of any Manufacturer Warranties that are capable of being conferred on the Customer, but without any liability to Intouch.
6. Delivery
6.1 How Products are Delivered
Delivery of an Order will be completed on the completion of off-loading of the Order at the Delivery Location. Products will be despatched by Intouch to the Delivery location using any means selected by Intouch, including couriers or post.
6.2 Orders by Instalments
Intouch will not deliver Orders by instalments except with the prior written agreement of Intouch and the Customer. Where Orders are to be delivered by instalments, Intouch may be invoice and the Customer must pay for each instalment separately. References in these Terms and Conditions of Supply to Orders will, where applicable, be read as references to instalments.
6.3 Delays in Delivery
Delivery Dates are guidelines only and do not bind Intouch. If for any reason delivery of an Order is delayed, delays will not entitle the Customer to:
(a) refuse to take delivery of the Order, when it is Delivered; or
(b) terminate the Contract; and
Intouch will have no liability for any failure or delay in delivering an Order.
7. Acceptance and Defective Products
7.1 Notice of defective Products
The Customer may reject any Products delivered to it that are Defective, provided that notice of rejection is given to Intouch within the time set out in the Returns Policy.
7.2 Failure to give notice of Defective Products
If the Customer fails to give notice of rejection in accordance with clause 7.1, it will be deemed to have accepted the Products and Intouch will be taken to have fully performed all its obligations under the Contract and generally.
7.3 If the Customer gives notice of Defective Products
If the Customer rejects Products under clause 7.1 then as the Customer’s sole remedy, the Customer will be entitled to:
(a) require Intouch to repair or replace the rejected Products at Intouch’s risk and expense within 20 Business Days of being requested to do so; or
(b) require Intouch to repay the price of the rejected Products in full but without interest,
provided that the Customer has at its own risk and expense, returned to Product without damage, Intouch’s designated address for returns, if required by the Returns Policy.
7.4 Intouch to have no further obligations
Once Intouch has complied with the Customer's request pursuant to clause 7.3, it will have no further liability to the Customer or any person through the Customer in respect of the rejected Defective Products.
7.5 Replacement Products
The terms of these Terms and Conditions of Supply will apply to any repaired or replacement Products supplied by Intouch.
7.6 Disputes
Without limiting clauses 7.1 and 7.2, if the parties dispute whether any Products are Defective, either party may refer the matter to an Independent Expert for determination in accordance with 11.
8. Title and Risk
8.1 Risk
The risk in Products delivered to the Customer will pass to the Customer as soon as the Product is despatched from Intouch’s premises.
8.2 Title
Title to Products Delivered to the Customer will not pass to the Customer until Intouch has received payment in full (in cash or cleared funds) for such Products. Until title to Products has passed to the Customer, the Customer will:
(a) hold such Products on a fiduciary basis as Intouch's bailee;
(b) store such Products separately from all other goods held by the Customer so that they remain readily identifiable as Intouch's property; and
(c) not remove, deface or obscure any identifying mark or packaging on or relating to such Products.
9. Product Prices
9.1 Product Prices
The Product Prices are the prices displayed on the Website for the Product from time to time.
9.2 Price Changes
At any time before any Order for a Product is Accepted in accordance with clause 4.2, Intouch may vary the Price of the Product and the Customer will be bound by the varied Price.
9.3 GST
The Product Prices are exclusive of amounts in respect of GST. The Customer will, on receipt of a valid GST invoice from Intouch (which is received when the invoice is displayed on Our Website), pay to Intouch such additional amounts in respect of GST as are chargeable on a supply of the relevant Products.
9.4 Packaging, insurance and carriage
Unless stated to the contrary by Intouch, the Product Prices are exclusive of the costs of packaging, insurance and carriage of the Products, which will be paid by the Customer.
10. Terms of Payment
10.1 Invoices
Intouch will be entitled to invoice the Customer for each Order upon Intouch Accepting the Order and each invoice will quote the relevant Order Numbers. Invoices may be electronically generated when Orders are placed through the Website and the Customer will be deemed to have received the invoice when it is displayed on the Website. The Customer is responsible for printing or otherwise storing the invoice.
10.2 Payment
The Customer will pay invoices in Australian Dollars in full at the time the Order is placed, whether on the Website (using the Payment Methods) or as directed by Our Call Centre Consultant, if placed through Our Call Centre.
10.3 No set-off
All payments by the Customer must be without deduction, set-off or counterclaim and must be received by Intouch in cleared funds.
10.4 Disputed Invoices
If the Customer disputes any invoice, the Customer will immediately notify Intouch in writing. The parties will negotiate in good faith to attempt to resolve the dispute promptly. Intouch will provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment. If the parties have not resolved the dispute within 30 days of the Due Date, Intouch may institute proceedings against the Customer in relation to the disputed invoice. Where only part of an invoice is disputed, the undisputed amount must be paid on the Due Date. Intouch may (without limiting its other rights and remedies), refuse to supply any Product the subject of any payment dispute.
11. Expert Determination
11.1 Who will be an Independent Expert
Where under these Terms and Conditions of Supply, a matter may be referred to an Independent Expert for determination, the Independent Expert will be a person appointed by the President of the Queensland Law Society at the request of either party.
11.2 Submissions
The parties are entitled to make written submissions to the Independent Expert, and will provide (or procure that others provide) the Independent Expert with all such assistance and documents as the Independent Expert may reasonably require for the purpose of reaching a decision. Each party will with reasonable promptness supply each other with all information and give each other access to all documentation and personnel as the other party reasonably requires to make a submission under this clause.
11.3 Procedures
The parties agree that the Independent Expert may in its reasonable discretion determine such other procedures to assist with the conduct of the determination as it considers appropriate, including (to the extent it considers necessary) instructing professional advisers to assist it in reaching its determination.
11.4 Not arbitration
The Independent Expert will act as an expert and not as an arbitrator. The Independent Expert’s decision will be final and binding on the parties in the absence of fraud or manifest error, but will be subject to review by the Supreme Court of Queensland.
11.5 Fees and Costs
The Independent Expert's fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the Independent Expert) will be borne by the parties in equal shares or in such proportions as the Independent Expert will direct.
12. Customer Indemnity
The Customer will indemnify Intouch against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) (each a Claim) suffered or incurred by Intouch arising out of or in connection with any breach by the Customer of these Terms and Conditions of Supply or any Contract.
13. Limitation of Liability
13.1 Scope
This clause sets out the entire financial liability of Intouch (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of:
(a) any breach of these Terms and Conditions of Supply or any Contract;
(b) any use made or resale of Products by the Customer; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions of Supply or any Contract.
13.2 No consequential loss
Intouch will not be liable to the Customer or any person by or through the Customer, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information or any special, indirect or consequential damage suffered by the Customer.
13.3 Liability Cap
Despite anything in these Terms and Conditions of Supply, Intouch's total liability arising under or in connection with these Terms and Conditions of Supply or any Contract, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, will be limited to $100.
14. Commencement and Term
The Contract encompassing these Terms and Conditions of Supply will commence when the Customer places an Order and will continue until the earlier of termination of the Contract by Intouch or any statutory limitation period relating to these Terms and Conditions of Supply, the Contract or its subject matter, has elapsed.
15. Termination
15.1 Grounds for Termination
Without limiting its other rights and remedies, Intouch will be entitled without incurring any liability, to terminate any Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer fails to pay any undisputed amount due under these Terms and Conditions of Supply on the Due Date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
(b) the Customer commits any breach of its obligations under these Terms and Conditions of Supply or any Contract;
(c) the Customer breaches any term of its Account Agreement, Intouch’s Terms of Use or any other policy or rules on the Website; or
(d) any Force Majeure Event prevents Intouch from performing its obligations under these Terms and Conditions of Supply or any Contract for any continuous period of three months.
15.2 Savings on termination
Termination of any Contract will not prejudice any of Intouch’s rights and remedies which have accrued as at termination.
16. Survival of Obligations
On termination of any Contract, the following clauses will survive and continue in full force and effect: clauses 12, 13, 19.1 and 19.2, as well as any other provisions that must survive termination as a result of their inherent nature.
17. Force Majeure
17.1 Event of Fore Majeure
Intouch will not have any liability or responsibility for failure to fulfil any obligation under a Contract so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.
17.2 Meaning
Force Majeure Event means an event beyond the control of Intouch (or any person acting on its behalf), which by its nature could not have been foreseen by Intouch (or such person), or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
18. General
18.1 Notices
Any notice or other communication to a party under these Terms and Conditions of Supply must be in writing and delivered personally, sent by prepaid mail, or sent by facsimile transmission to the recipient at the address or the facsimile number notified by the party. A notice is deemed to be received:
(a) if delivered personally, on the date of delivery;
(b) if sent by prepaid post, 5 Business Days after posting; and
(c) if sent by facsimile transmission, on receipt by the sender of a facsimile transmission report confirming receipt.
18.2 Waiver
A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy arising from a breach of or default under these Terms and Conditions of Supply, does not result in a waiver of that right, power, authority, discretion or remedy. A party is not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of these Terms and Conditions of Supply or default under these Terms and Conditions of Supply as constituting a waiver of that right, power, authority, discretion or remedy.
18.3 Further Assurance
All parties must do all things reasonably necessary to give full effect to these Terms and Conditions of Supply and the transactions contemplated by these Terms and Conditions of Supply.
18.4 Severability
If any part of these Terms and Conditions of Supply is, or becomes, legally invalid or unenforceable, the remainder of these Terms and Conditions of Supply subsists and remains enforceable.
18.5 Entire Understanding
These Terms and Conditions of Supply contains the entire agreement between the parties relating to the supply of Products. All representations or agreements, whether oral or in writing made prior to the date of these Terms and Conditions of Supply and relating to any matter dealt with in these Terms and Conditions of Supply are merged in these Terms and Conditions of Supply and do not have any effect from the date of these Terms and Conditions of Supply.
18.6 Governing Law
These Terms and Conditions of Supply is governed by the law of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and waives any objection to the venue of any legal process on the basis that the process has been brought in any inconvenient forum.
18.7 Assignment
The Customer may not assign its rights under these Terms and Conditions of Supply.
19. Definitions and Interpretation
19.1 Definitions
In these Terms and Conditions of Supply:
Accept has the meaning given in clause 4.2.
Business Day means a day other than a Saturday, Sunday, or public or bank holiday in Brisbane.
Call Centre means Intouch’s call centre through which Intouch takes Orders for Products.
Contract means the Customer's Order and Intouch's Acceptance of it upon these Terms and Conditions.
Customer means the person, firm or company who purchases Products from Intouch.
Defective means a material failure by a Product to meet the specification supplied by the manufacturer of the Product.
Delivery means completion of delivery of an Order in accordance with clause 6.1.
Delivery Date means the date specified for delivery of an Order by Intouch.
Delivery Location means the location specified for collection of an Order by the Customer when it places an Order.
GST means the same as in the GST Law, any other goods and services tax, or any tax applying to these Terms and Conditions of Supply in a similar way and any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Manufacturer Warranties means any warranties given by a third person and available to Intouch in relation to Products.
Order means an order for Products submitted by the Customer in accordance with clause 4.
Order Number means the reference number to be applied to an Order by Intouch in accordance with 4.4.
Product Prices and Price means the prices of the Products in accordance with clause 9.1 or as notified by Intouch from time to time.
Products means the products displayed on Intouch’s Website from time to time or as otherwise made known by Intouch.
Returns Policy means the terms and conditions in Schedule 1, as amended by Intouch on notice from time to time.
Website means Intouch’s website www.intouchdirect.com.au or any other website operated by Intouch.
19.2 Interpretation
Unless expressed to the contrary:
(a) headings and boldings are for convenience only and do not affect the interpretation of these Terms and Conditions of Supply;
(b) where an expression is defined anywhere in these Terms and Conditions of Supply another part of speech or grammatical form of that expression has a corresponding meaning;
(c) the word “including” is not a word of limitation;
(d) this document is not to be interpreted to the detriment of a party merely because that party was responsible for drafting this document or any provision of it;
(e) a reference to:
(i) an individual or person includes a firm, corporation, incorporated association, and government or statutory body or authority:
(ii) any gender includes all genders;
(iii) the singular includes the plural and vice versa;
(iv) recitals, clauses, schedules or annexures are to recitals, clauses, schedules or annexures of or to these Terms and Conditions of Supply;
(v) a statute, ordinance or other law includes regulations and other statutory instruments made under it and consolidations, amendments and re-enactments of it;
(vi) money is to Australian currency;
(vii) these Terms and Conditions of Supply or another document includes the document as varied or replaced; and
(viii) any party to these Terms and Conditions of Supply, or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns.
Schedule 1 – Returns Policy
• Intouch must be notified within 14 days of receiving the Order, for return of Products
• Intouch must be notified within 14 days from when the Order was due to be Delivered to the customer for Orders missing in transit. Due date of Delivery is the Order dispatch date plus 7 days.
• Client Error - If an incorrect Product has been received due to customer error return of Products is at the customer's expense and risk.
• Intouch Error - If an incorrect Product has been received due to Intouch or warehouse error, the cost of return will be met by Intouch via an Australia Post Reply Paid service. The customer must address returns with the Reply Paid address and Return Authorisation number provided and take to a Post Office - No collection service is available.
• Damaged, opened or Products that do not arrive back at the warehouse will not credited.
• Credits for return Products will not be applied to the customer's account until receipt at the Intouch's warehouse.
• Replacement Orders utilising funds from returning Products cannot be sent until the returned Products have been received at Intouch's warehouse.
• No returns or credits without prior arrangement by contacting Intouch.
