Terms and Conditions

Last Modified: 15^th July 2014

1. This Privacy Policy applies to personal information collected by Imporex Pty Limited ACN 13 165 302 572 (“we” or “us” or “our”) in connection with the provision of the Imporex services (the “Services”). Personal information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. This Privacy Policy outlines our policies and procedures in regards to collecting, storing and using your personal information. This Privacy Policy applies to your access to the Imporex website, regardless of how or from where you access it. By using the Services you consent to the collection, transfer, processing, storage and disclosure of your personal information in accordance with this Privacy Policy and any other uses described in this Privacy Policy.
2. Users can access the Services through our website www.imporex.com.au, through applications on devices (sometimes referred to as Apps), through APIs, or they can access the site via third party web links or third party Apps. A “Device” is any computer used to access the Service and it may be (but not limited to) a computer, laptop, palmtop, desktop, tablet, smart-phone, mobile phone or other consumer electronic device.
3. It should be noted that if we provide links to third parties website, or suggest to you third party services which are outside of our ownership or control, that the privacy policies of those third parties may be different from our own, and as such their privacy policy will govern transactions that you may undertake on those sites or through your dealings with those parties.

Information you provide

1. We may collect your personal information for the purposes of providing the Services. We will only collect your personal information to the extent necessary for us to perform the Services. Particulars of how we collect and use your personal information are set out below. You consent to such collection and use.
2. When you register as a user, and when you register a company, we collect some personal information including, but not limited to, your name, telephone number, email address, credit card or billing information, location, company details and postal addresses.
3. You may also ask us to import information from other computer systems, such as supplier information from your ERP or Accounts System, such as Supplier Names, GL Codes, cost centres etc).
4. You may also provide us with contact information for other persons or entities in order to allow us to allow you to send messages to those persons or entities.
5. You may also ask us to use your social network information if you give us access to your social network connection services.
6. You may also, by the nature of the Service, provide us with information concerning who your suppliers and customers are, and the products, services and prices that you buy and sell them for.
7. We may also receive information either from you directly or from our partners or suppliers that you interact with.
8. When you use the system we automatically record information about your use of the service. This is referred to as “log data”. This log data includes, but is not limited to, your devices IP address, browser type, the web page visited before ours, information you search for through our website, locale preferences, ID numbers associated with your devices, your mobile carrier, data and time stamps associated with transactions, system configuration information, metadata concerning your files, and other interactions with the Service.
9. We use Google Analytics as well as our own programming to capture this information. To view what information might be collected, please visithttp://www.google.com/intl/en/analytics/privacyoverview.html . Please note that this is not an exhaustive list.
10. We may also use cookies to save your registration ID and login password for future logins to the Service. We may also use session ID cookies to enable certain features of the Service and to better understand how you interact with the Service. Through your browser settings you can manage it’s cookie settings.
11. If you have a complaint in regards to our Privacy Policy please email us at tcreed@feathertop.biz

Sharing the information you provide

1. We will use and disclose your information for the primary purpose of performing the Services to you. However we may also need to use your personal information for the following purposes. You consent to us using your personal information for this purpose.
2. Your own individual and your company information are listed in the Admin section of the site, and to some degree you are able to change that information. It should be noted that your username (as you set it) would be visible to other users of the system from within your company.
3. Imporex does also employ the services of third parties to help us provide Services to you, such as the processing of credit card payments, marketing support, delivery of goods or otherwise provide services to help us serve you better. They may have access to your information as required in order to permit them to perform their obligations to us. This information may be stored in Australia or in any other jurisdiction that Imporex operates. Imporex may be required to respond to subpoenas or court orders, or be asked to respond to other legitimate requests for your information from appropriate law enforcement or governmental authorities, from within Australia or overseas. We may not necessarily provide you with notice of such requests. We will only release information to such third parties if we feel it is appropriate to comply with the law, prevent fraud, protect the safety of a person from death or serious bodily injury, or to protect Imporex’s property rights, employees or agents, or the rights of our users.
4. Imporex also reserves the right to report any suspected unlawful activity to the appropriate authorities. And such report will be done without prior notice to you, and you consent to such disclosure by us.
5. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, or a restructure with other affiliate companies, your information may be transferred as part of that transaction.
6. We may disclose your non-personal, non-private or aggregated information to third parties.
7. If you choose to use one of our public forums or blogs you should be aware that the information that you post there may be read, collected and used by others who access them. Your posts to these forums may remain even when you cancel your account. Once you post to these forums you do not have the ability to remove the posts, nor the right to do so. We do retain the right to remove posts at our discretion, without any notification to you and without making any compensation to you.
8. We may also need to disclose your personal information to related companies, our consultants and professional advisers or our debt collection service.

Data Security

1. We take all reasonable steps to protect your personal information from unauthorised access, modification and disclosure.

Data Quality

1. We take all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. These steps include allowing you to update your information in the Admin section of the site. Please note you are responsible for updating your own personal information by using this section of the site.

Resolving your privacy concerns

1. If you have any questions relating to this privacy policy or you believe we have failed to maintain the privacy of your personal information, please contact our privacy officer below. The privacy officer will respond to your enquiries as soon as reasonably possible.

Privacy Officer

1. Our privacy officer is Tristan Creed. The following are the contact details for our privacy officer.

–         Address: 1002/279 Wellington Parade South, East Melbourne VIC 3002, Australia

–         Telephone: +61 3 9650 6597

Our Policy towards children

1. Imporex is designed for businesses, or individuals old enough to trade as though they were a business. We do not knowingly collect information from children. Anyone under the age of 18 is not permitted to use this site unless you are employed by an entity that uses this site and are using this site under the supervision of an adult employed by that entity. If you are using this site you warrant that you are either 18 years or older or are employed by an entity that uses this site and supervised by an adult employed by that entity. If you are under 18 years old we ask that you stop using the site now unless you satisfy the criteria in this clause.

Feedback

1. We always value feedback, but be aware that any feedback, comments or suggestions you send to us or post in our forums (either on the site or external to it) may be used by us without any obligation to you.

Questions

1. If you have any questions relating to this Privacy policy, please email us at tcreed@feathertop.biz

Last Modified: 15^th July 2014

1. This website is owned and operated by Imporex Pty Ltd ABN 13 165 302 572 (“we” or “us” or “our”).
2. These Terms of Service (the “Terms” or “Agreement”) govern your access to and use of this website (“site”) and the services available from this site (the “Services”), so please read them carefully.
3. By using any aspect of this site, you indicate your acceptance of this Agreement. If you don’t agree with any part of the Terms, you must stop using the site immediately and destroy any materials you have acquired from it.
4. If you are using the site or Services on behalf of an organisation, you are agreeing to the Terms on behalf of that organisation and yourself. In that case, “you” and “your” will refer to both you and the organisation separately and jointly. By using the site or the Services on behalf of an organisation you are warranting that you have the authority to bind that organisation to these Terms. You are also personally warranting that the organisation that you are representing is indeed a real organisation.
5. You may use the Services only in compliance with these Terms. Imporex reserves the right to change the Terms at its discretion. Changes to Terms and conditions will either be sent by notification to the email address of administrators of the system (as nominated by you) or by posting notice of the new Terms and Conditions to our blog or website, so please check those pages regularly.
6. Your use of the site and the Services is regulated by the most recent version of these Terms which is posted on this website, and which is binding on you. You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us (you and Imporex). These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by any law, trade or commercial custom or course of dealing.
7. You also indemnify Imporex against all costs, claims, damage and loss arising from your breach of any of these Terms or any obligation you have to Imporex, including (but not limited to) all costs relating to the recovery of fees and charges for the Services we have provided to you, but that have not been paid by you.

Your responsibility

1. You are solely responsible for your conduct and the conduct of any users who you give access to your documents in the system. You are also responsible for the content of the documents and your communication with others while using the Services.
2. You are also responsible for maintaining the list of users that you have given permission to access the site or use its Services.
3. You are also responsible for maintaining and updating your account information with us for accuracy and completeness and keeping such information (and any passwords created by you for the purposes of accessing the site) secure against unauthorised access. It should be noted that us and our employees, contractors and agents do not have access to your passwords.
4. You are responsible for any activity using your account, whether or not you authorise that activity. You should immediately notify Imporex of any unauthorised use of your account.
5. Please consider carefully who you provide access to the site to, and which of your documents you choose to share with others. Imporex has no responsibility for that activity.
6. You are responsible for making payment to Imporex for the services you choose to use, subject to the Imporex Pricing and Payments Policy.
7. It is important that you use the Imporex site, and the Services in a responsible manner. By accepting these Terms and conditions you are also accepting the Imporex Acceptable Use Policy.

Your docs, your Privacy & Security

1. Whilst your privacy is important to us, Imporex may monitor and record aspects of your use of the Site. The Imporex Privacy Policy will regulate the information we collect. You authorise us to collect, store and use such information and waive any right of action in connection with the collection, storage and use of such information by us or an authorised associate of ours.
2. By using our Services you or your suppliers need to provide us with your invoices, credit notes, statements and financial statements (your “docs”) in order to allow us to copy and extract data from them and provide Services to you. You retain full ownership of your docs, but we do retain the right to use the data from within the docs to provide Services to you. These Terms do not give us any right to own the docs or any intellectual property contained within or upon them, except for the limited rights that are needed to provide the Services.
3. We will not share detailed, personal or confidential information extracted from the docs with any third party, except where it is necessary to provide a Service to you.  We may however use summary information in order to provide you with services.
4. You may request us to do any of the following; forwarding docs to third parties, checking docs for you, storing or transferring docs for you. If you instigate an action either on the site, by email, letter, telephone or any other medium, you are giving us absolute authority to carry out the action on your behalf either directly or via third parties we work with to provide the Services. This permission does not allow us to do anything with that information apart from providing the Services.
5. As a customer in a supply chain, by forwarding the docs to your Imporex account, or asking your supplier to send them to it directly on your behalf you are warranting that you own those documents and that you are authorizing us to perform Services relating to those docs for you. You still need to authorise the docs in order to validate them.
6. Imporex servers have SSL Certificates issued by leading certificate authorities, so all data transferred between users, suppliers, and the Service is encrypted. You consent to such encryption and storage. You may only access the system through a browser that supports the encryption security used in connection with the Service.
7. Having taken regulatory requirements into consideration, Imporex stores your data in the location that Imporex considers will give you the most efficient access to it. That may be in overseas jurisdictions. Where you access or input data from somewhere other than the country where the data is stored, you agree to the data being transferred from one jurisdiction to another (including via any intermediate jurisdiction) as a function of transmission across the Internet.
8. You should satisfy yourself that your jurisdiction allows you to have your data stored outside of your jurisdiction and take all steps necessary to get your own permissions to have your data stored at Imporex’s discretion.
9. Imporex does not store your credit card or bank account details. Your details are not stored by the Service, and cannot be accessed by Imporex staff.

Other content on the Site

1. The Services may contain links to other third-party sites, services or resources. We do not endorse and are not responsible and liable for their availability, accuracy, and related content, products or services. These links are provided to you for your convenience, and you click on these links entirely at your own risk. You are solely responsible for your use of such websites or resources.

Software and Updates

1. Some of our services may require you to download software, either from a third-party or us. We are in no way liable for any loss on your part as a result of you downloading software from a third party. Imporex hereby grants you a limited, non-exclusive, non-transferrable, revocable license to use our software solely to access the Services.
2. Your license to use the software or your permission to use the site and its Services is automatically revoked if you violate these Terms. You must not directly or indirectly or through any interposed body corporate attempt to reverse engineer or decompile our software, or assist anyone to attempt to do so.
3. Our Services may update automatically the software on your device(s) when a new version is available.
4. These Terms do not grant you any right, title, or interest in the Services, Software or the content of the services.

Imporex Property

1. The Software and other technology we use to provide the Services is our intellectual property. You may only use our intellectual property for the limited purpose of us providing the Services to you and for no other purpose. These Terms do not grant you any right to use the trademarks, logos or domain names or other brand features of Imporex.

Termination of Services

2. You do have the right to stop using the Services at any time, and to instruct us to delete all the information and docs that we hold about you and for you. We may retain your information as necessary to comply with a legal obligation, to resolve disputes, and enforce our agreements. Deleting your service does not release you from any obligation to pay us for services that we have provided for you.
3. Please note that there may be latency in your request.
4. We reserve the right (at our absolute discretion) to terminate the Services offered to you, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to provide you with reasonable notice, although there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Imporex is available “As Is”

1. The following disclaimer, exclusion of warranties and limit of liability applies to the extent permitted by law. You may have a right to rely on guarantees that cannot be excluded under the Australian Consumer Law.
2. You agree you use the Services and the site at your own risk. We warn you that the availability of the Services may be interfered with or affected by numerous factors, some of which are outside our control (including, without limitation, malfunction of equipment or software, internet access difficulties or delay or failure of transmission). Accordingly, the Services and the site are provided on an “as is” and “as available” basis without any warranties. We do not warrant that the site and the Services will be continuous, uninterrupted, timely, secure, fault free or virus free. All documents, illustrations, drawings, particulars, dimensions, performance data and other information on the site or made available by us are intended to represent no more than a general illustration of the Services and do not constitute a warranty of representation by us that the Services will conform to the same.
3. This clause survives termination of this Agreement.

Exclusion of Warranties and Limitation of Liability

1. To the extent permitted by law, we and our employees, contractors and agent exclude all express or implied warranties, guarantees and conditions under statute or general law in connection with the site or the Services. Where such express or implied terms cannot be excluded, our liability for breach of any express or implied terms is limited to the following remedies (the choice of which is to be at our sole discretion):

a)      in the case of goods one or more of the following;

i)        the replacement of the goods or the supply of equivalent goods;

ii)      the repair of the goods;

iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv)    the payment of the cost of having the goods repaired.

b)      in the case of services one or more of the following:

i)        the supply of the services again; or

ii)      the payment of the cost of having the services supplied again.

2. Without limiting any other clause in this Agreement, you release us and our employees, contractors and agents from all liabilities, actions, costs and expenses incurred or suffered by you in connection with the use of the site or the Services by you or your employees, contractors and agents, howsoever caused.
3. In addition to the above, we will not be liable to you for any special, indirect, consequential or economic loss or damage of any nature incurred or suffered by you in connection with your use of the site or the Services, howsoever caused.
4. This clause survives termination of this Agreement.

Miscellaneous Legal Terms

1. The Victorian Law, in the Commonwealth of Australia, will govern the Terms of the use of the Service. Any claims arising out of or relating to these Terms or the services or software must be litigated in Victoria, and both parties consent to venue and personal jurisdiction there, and that the language of any dispute resolution there will be English.
2. These Terms constitute the entire and exclusive agreement between you and Imporex with respect to the services, and they supersede and replace any other agreements, Terms and conditions applicable to the Service.
3. These Terms create no third party beneficiary rights.
4. Imporex’s failure to enforce a provision is not a waiver of its right to do so later.
5. If a provision of this agreement is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
6. You may not assign any of your rights in these Terms, and any such attempt is void, but Imporex may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

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You must not attempt to circumvent site security for any reason, nor must you allow or facilitate others to do so. In addition, you must not use the site to:

–          Represent yourself as being someone that you are not

–          Impersonate or misrepresent your affiliation with any person or entity

–          Promote or advertise products or services other than your own without appropriate authorization

–          Mislead or deceive

–          Abuse Imporex introductions and referrals to get more credits than deserved

–          Send fraudulent documents

–          Send unsolicited or unwelcome messages, or advertisements or promotions

–          Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”

–          Receive or distribute any documents of an illegal nature such as, but not limited to, pornography, terrorist material, or material that advocates bigotry, religious, racial or ethnic hatred

–          Post or transmit spam, junk mail or chain letters, or overload any part of the sit and Services by flooding, spamming of mail-bombing.

–          Cause or facilitate the spreading of a virus or other harmful objects, or plant malware or otherwise use the Services to distribute malware

–          Access or search the Services by any means other than the publicly supported interfaces (for example, “scraping”)

–          Probe, scan, or test the vulnerability of any system or network

–          Breach of otherwise circumvent any security or authentication measures

–          Post or transmit information that is defamatory or that infringes the rights of a third party, including right of privacy and publicity

–          Breach any law, third party rights or any applicable codes or regulations in your country of origin or on any other country where the site is available

–          Collect or store personal data about others without their permission

–          Promote in in any way illegal or unwelcome activities; and

–          Undertake promotions or commercial activity

By engaging Imporex to provide the Services, you acknowledge that you have read Xero Terms of Use published by Xero at http://www.xero.com/about/terms/ and authorise Imporex to accept the Terms of Use on behalf of the you. You acknowledge Xero may amend the Terms of Use from time to time and it is your responsibility to ensure you have read, understood and agree to the most recent terms available on the Xero website.

Imporex does not make any express or implied representations or warranties in relation to Xero or the Xero service nor any third party application accessed or used in connection with the Xero service.

By engaging Imporex to provide the Services, you acknowledge that you have read Fathom Terms of Use published by Fathom at http://fathomhq.com/aboutus/terms/ and authorise Imporex to accept the Terms of Use on behalf of the you. You acknowledge Fathom may amend the Terms of Use from time to time and it is your responsibility to ensure you have read, understood and agree to the most recent terms available on the Fathom website.

Imporex does not make any express or implied representations or warranties in relation to Fathom or the Fathom service nor any third party application accessed or used in connection with the Fathom service.