TERMS & CONDITIONS

These Terms & Conditions apply to all services provided by Octomedia Pty Ltd (“IR”) and the use of the directory contained within the website www.arcd.com.au by the Subscriber. They are the only terms on which IR will perform services. IR will not perform services on any written or oral terms, conditions, counter offers or amendments proposed by or on behalf of the Subscriber at any time.

1. Price and Payment
   1. The price for subscription is AUSD $295 per annum inclusive of GST. This enables the Subscriber to access the database of retailers available on the website.
   2. For an additional AUSD $100 a printed copy of the directory can be provided to the Subscriber. This additional cost includes postage within Australia, however further costs may apply to cover postage without Australia.
   3. Accepted methods of payment include E-Way, cheque, or direct debit into an account to be nominated by IR as provided on an invoice. An invoice can be generated on request by the Subscriber.
2. Licence and Cancellation
   1. Subject to clause 1(a) and (b), the Subscriber will be issued a single non-transferable and non-refundable licence. The Subscriber will have access to the online directory via a username and password.
   2. Subject to clause 1, Subscribers will be able to search the directory and print selected entries thereof.
   3. Subscribers do not have permission to access the core data used in the formation of the directory.
   4. Subscribers do not have permission to amend the directory in any way or for any purpose.
3. Privacy and Confidentiality
   1. The Subscriber must keep confidential all confidential information disclosed to the Subscriber by IR.
   2. The Subscriber acknowledges that it does not have any interest in the confidential information referred to in clause 3(a).
   3. The Subscriber warrants that it will observe all applicable laws (including, by not limited to, the Privacy Act 1998 (Cth)) relating to any personal information IR is to collect, use and disclose on behalf of the Subscriber and that it will obtain all necessary consents for such collection, use and disclosure.
   4. The Subscriber will ensure that any personal information provided to IR is accurate, complete and up-to-date.
   5. Where IR is responsible for the on-going maintenance of personal information provided by the Subscriber, the Subscriber will immediately notify IR of any amendments to that personal information, so far as it is relevant to the adequate provision by IR of the Agreed Services.
   6. IR agrees not to share, sell or rent any Personal or Confidential Information provided by the Subscriber to any Third Party or use the email address of the Subscriber for unsolicited mail. Any email sent by IR will only be in connection with the provision of the Agreed Services.
   7. IR agrees to immediately notify the Subscriber in the event that any of the Subscriber’s Personal or Confidential Information is required to be disclosed to a Third Party.
4. Disclaimer
   1. The information provided on this website is on an “as is” basis. To the fullest extent permitted by law, IR:
   2. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or IR’s literature.
   3. Excludes all liability for damages arising out of or in connection with the Subscriber’s use of the website. This includes (but is not limited to) direct loss, loss of business or profits (whether or not that loss was reasonably foreseeable, arose in the normal course of things or the Subscriber advised IR that such a loss was possible), damage of any kind caused to the Subscriber’s computer, computer software systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
   4. IR acknowledges that, subject to clause 4(c), none of the Subscriber’s statutory rights as a consumer are affected by this disclaimer.
   5. Any claims made against IR by the Subscriber in respect of an alleged breach of this agreement by IR must be made within 14 days of the discovery of the alleged breach. Failure by the Subscriber to make a claim within the stipulated time will constitute conclusive evidence that IR has conformed to its obligations under this Agreement.
5. Links to this website
   1. The subscriber shall not create a link to any page of this website without the prior agreement or consent of IR.
   2. If the Subscriber does create a link to any page of this website, it does so at its own risk and the exclusions and limitations set out in clause 4 will apply to Subscriber’s use of the website by linking to it.
6. Links from this website
   1. IT does not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by IR, and IR should not be regarded as the publisher of such materials or opinions.
   2. IR will not accept any responsibility for any loss or damage whatsoever, however caused, resulting from the Subscriber’s disclosure to third parties of personal information.
7. Copyright Notice
   1. Copyright and other relevant intellectual property rights exist on all text relating to IR’s services and the full content of this website.
   2. IR’s company logo is a registered trademark of Octomedia Pty Ltd in Australia and other countries. The brand names and specific services of IR featured on this website are trade marked.
8. Communication
   1. IR may be contacted via a number of different avenues:
      Phone: 02 9901 1800
      Fax: 02 9901 1833
   2. Octomedia Pty Ltd is registered in Australia at L1, 99 Devonshire St, Surry Hills NSW 2010.
9. Force Majeure
   1. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of IR’s control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such an event shall forthwith notify the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
10. Waiver
    1. Failure of either Party to insist upon strict performance of any provision of this or any other Agreement or the failure of either Party to exercise any right or remedy to which it is entitled shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any other Agreement.
    2. No waiver of any of the provisions of this or any other Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
11. General
    1. The laws of Australia govern these Terms and Conditions. By accessing this website and using IR’s services and products, the Subscriber consents to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access.
    2. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
    3. Failure of IR to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
    4. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of IR.
12. Notification of Changes
    1. IR reserves the right to change these Terms and Conditions from time to time as it sees fit and the Subscriber’s continued use of the website will signify its acceptance of any adjustment to these terms.
    2. If there are any changes to IR’s privacy policy, IR will take reasonable steps to ensure these changes are immediately communicated to the Subscriber. Any changes to IR’s privacy policy will be communicated to the Subscriber at least 30 days before those changes are effected.
    3. IR only accepts responsibility for taking reasonable steps to notify the Subscriber of changes to its privacy policy. It does not accept responsibility for any neglect on the part of the Subscriber in respect of that notification. The Subscriber acknowledges its responsibility to regularly check for correspondence from IR regarding changes in its privacy policy.