Website Terms & Conditions

Welcome to the (the “website”). This website is owned and operated by NetSuite Australia Pty Limited (ABN 46 122 113 919) (“NetSuite”, “we” or “us”, and includes NetSuite’s directors, employees and agents). These terms and conditions (“Terms”) set out the terms on which NetSuite offers you access to the website and its services.
1. Definitions and interpretation
1.1. Definitions
For the purposes of these Terms:
“Content” means any material and/or information, including text, video, software, graphics, images, logos, code, button icons and audio located or published on the website, with the exception of Your Information or Vendor Content.
“Intellectual Property Rights” means all intellectual property rights (whether in existence now or in the future, and whether registered or not), including patents, designs, formulas, trade secrets, know-how, copyright, trademarks, trade names, websites, URLs or email addresses, all other proprietary rights and all other intellectual property defined in Article
2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
“Services” means any product or service provided by NetSuite at or through the website or other websites operated by NetSuite.
“you or user” means the person using the website or the Services.
“Your Information” has the meaning given in clause 9.1.
“Vendor” means a vendor or provider of products and/or services who wishes to use or uses the website to locate potential customers.
“Vendor Content” means material located on the website which is owned by a Vendor and/or provided by a Vendor to NetSuite for use in connection with the website.
1.2. Interpretation
In these Terms, unless the context otherwise requires, headings are for ease of reference only, another grammatical form of a defined word or expression has a corresponding meaning, the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions, and a reference to a person includes a natural person, partnership, body corporate, association, governmental, local authority, agency or other entity.

2. Your use of the website
2.1. Your access to, and use of, the website is conditional on your acceptance of, and compliance with, these Terms and NetSuite’s policies (“Policies”), including its Privacy Policy. If these Terms (and the Policies) are not accepted in full, you must not use the website or the Services, and your use of the website may be terminated immediately.
2.2. In order to access and use the website, you must first read, agree with and accept these Terms (and the Policies). You can agree, and are deemed to have agreed, to these Terms and the Policies by actually using the website. You acknowledge and agree to be legally bound by these Terms as of the date of your first use of the website.
2.3. Upon acceptance, these Terms form a legally binding agreement between you and NetSuite for the use of the website and the Services.
2.4. NetSuite reserves the right to amend these Terms at its discretion and without notice. NetSuite may amend these Terms at any time by posting amended Terms on the website. Your continued use of the website after changes are posted constitutes your acceptance of these Terms as amended.
2.5. NetSuite may, in its absolute discretion, alter, suspend or discontinue any aspect of the website or the Services provided at any time. NetSuite may impose limits on or restrict your access to any part of the website at any time, without notice or liability. NetSuite may in its absolute discretion refuse to supply a Service to you without giving any reason.
2.6. You agree that you are solely responsible, and that NetSuite has no responsibility to you or to any third party, for any breach of your obligations under these Terms or the Policies and for the consequences (including any loss or damage which NetSuite may suffer) of any such breach.
2.7. Before you continue, you should print off or save a local copy of these Terms and any Policies for your records.

3. Eligibility
You must be able to form legally binding contracts to use the website and the Services. Without limiting the foregoing, the website is not available to, and may not be used by, persons under 18 years of age.

4. Disclosure
4.1. The Services available on the website assist users in comparing, selecting and purchasing software and related products and/or services that are relevant to their needs. In order to offer certain Services at no cost to users, we may receive fees from participating Vendors for generating referrals and qualified leads, and earn a commission for sales that occur by a Vendor and a user connecting via the website. In addition, NetSuite may earn fees from any of Vendors for marketing services and promotion of their products and/or services.
4.2. NetSuite has carefully selected participating products and services on the basis (in its view) that they offer good quality, functionality, and other important benefits. Please be aware, however, that the participating products and services do not constitute a comprehensive set of all products and services available.

5. “Matching” service only
5.1. NetSuite is not the developer of any products or services listed on the website. NetSuite only provides a “matching” service which seeks to match users with participating Vendors based on the information provided by a user.
5.2. You acknowledge and agree that NetSuite is not in any way involved in transactions between users and Vendors. NetSuite has no control over the suitability of a particular product or service for a user. It is the user’s responsibility to ensure the suitability of any good or service offered by a Vendor.
5.3. You will rely on your own knowledge and expertise in selecting any products and/or services for any purpose and any advice and/or assistance given by or for NetSuite will be at your risk and will not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you.

6. Legal compliance
6.1. You agree to comply with all laws, standards, guidelines, policies and regulations which are in any way applicable to your use of the website or the Services. Without limiting the effect of the foregoing, you will not use the Services in any way which is fraudulent, misleading or otherwise unlawful or violates any law or use the Services in connection with any endeavours which may be illegal or unauthorised.
6.2. You agree to comply with all recommendations and/or directions made and/or given by NetSuite and/or by any Vendor.

7. Restrictions on use
7.1. You may only use the website for the purposes of identifying, researching, purchasing, comparing, investigating, or other similar actions related to the potential purchase of products or services for your organisation or your clients.
7.2. You must not (or attempt to) adapt, deface, remove, hack, alter, create a derivative work, reproduce, retransmit, distribute, disseminate, sell, trade, publish, broadcast, circulate or otherwise interfere with, the website, the Services or the Content or use or display the Content or Service on any other website, for any reason, without first obtaining the written consent of NetSuite.
7.3. You will not do, or permit, any act or thing, directly or indirectly, that has the effect of:
(a) interfering in any way with the website, any business or activity of NetSuite and/or the activities of user of the website; and/or
(b) copying, modifying, using and/or damaging any part of the software or code of the website.
7.4. You will not do, or permit, any act or thing, directly or indirectly, that has the effect of exposing the website or NetSuite to any malicious and/or damaging code, computer viruses, trojan horses, worms and the like, tracking, monitoring or spyware programs and/or software which may affect and/or compromise the security of the website.
7.5. You agree to notify us immediately if you become aware of any damage to the website being sustained or threatened.

8. Third parties
If you use the website to submit requests for or on behalf of a third party (“Third Party”) then you are responsible for any error in the accuracy of information provided in connection with such use and will inform any such Third Party of these Terms.

9. Your Information
9.1. In order to use and/or access certain Services, you may be required to provide information about yourself or your organisation as part of the registration process for the Service (Your Information). This may include information regarding your contact details, budget, job title, organisation size, buying timeframe, business needs and other financial and/or purchasing habit information.
9.2. You warrant and agree that any information you provide to NetSuite will not be false, inaccurate or misleading.
9.3. As part of the matching process provided by NetSuite, NetSuite may provide Your Information to participating Vendors who may then contact you regarding certain products and/or services. You expressly consent and authorise us to release Your Information to Vendors for this purpose.
9.4. NetSuite will not knowingly disclose any of Your Information to any third party, other than Vendors, unless required under law. NetSuite will handle any information you provide to it in accordance with its Privacy Policy.

10. Ownership and intellectual property
10.1. All Content on the website is the copyright of NetSuite. All Vendor Content remains the sole property of the Vendor who contributed that content to the website.
10.2. You acknowledge and agree that NetSuite owns all legal right, title and interest in and to the Content and the Services, including any Intellectual Property Rights which subsist in the Content and the Services.
10.3. No Intellectual Property Rights in or to the Services or the Content are transferred to you under these Terms. Nothing contained in these Terms or on the website will be interpreted as conferring any licence or right to use any Intellectual Property Rights of NetSuite or any other third party.

11. Exclusion of warranties
11.1. Nothing in these Terms will exclude or limit NetSuite’s liability for losses which may not be lawfully excluded or limited by applicable law. NetSuite’s liability is limited to the maximum extent permitted by law.
11.2. Except as expressly provided to the contrary in these Terms and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations (whether express, implied, statutory or otherwise), relating in any way to the provision of the Services or the Content, including relating to suitability and fitness for a particular purpose, are excluded and disclaimed.
11.3. You acknowledge and agree that NetSuite does not, and cannot, warrant or represent that any Vendor Content is accurate, reliable, complete or timely, and NetSuite has no liability in connection with any reliance or use of any Vendor Content.
11.4. The general information provided by NetSuite on the website is provided solely by NetSuite. The Vendors do not endorse that information or provide any warranties or representations (express or implied) in relation to any such information.
11.5. You expressly understand and agree that your use of the Services is at your sole discretion and risk and that the Services are provided “as is” and “as available”.

12. Disclaimer and limitation of liability
12.1. While NetSuite has made every effort to ensure that the information contained on the website is free from error, NetSuite does not warrant that the Content or the Services are current, accurate, complete, correct or free from error. NetSuite accepts no responsibility and will not be held liable for any errors or inaccuracies contained in the Content or the Services and makes no representation concerning the completeness, truth, accuracy or suitability for any particular purpose of the Content or the Services.
12.2. NetSuite is not involved in any way in the transactions between a user and a Vendor. Accordingly, NetSuite is not responsible or liable for any product or service supplied, or intended to be supplied, by a Vendor to a user, including a failure or delay in the supply or the suitability of a product or service.
12.3. To the maximum extent permitted by law, NetSuite, its directors, employees, agents and any third parties mentioned on the website will not in any circumstances be held liable, and NetSuite excludes all liability, to any person (including third parties) for any loss, damage, liability, claim, demand, injury, cost or expense (including indirect, consequential, incidental or special damages or loss of profits or revenue) howsoever caused (whether in contract, at common law (including negligence), statute, in equity or otherwise), arising, directly or indirectly, from or in connection with, these Terms, the website (including your access to or use of it), the Content or the Services.
12.4. You and your organisation and any third parties that you provide any information to from the website accept all risk and responsibility for all liability, loss, damage and any other consequences howsoever caused (whether by negligence, breach of contract, statute or otherwise) arising, directly or indirectly, from your use of the website, the Content or the Services.
12.5. NetSuite’s liability for breach of any implied warranties or conditions in respect of the website or the Services which cannot be excluded is limited, at its option, to the supply of the Service again or the payment of the cost of having the Service supplied again.

13. Release and indemnity
13.1. You agree to release NetSuite, its successors and assigns, as well as its directors, employees and agents from all actions, claims, demands and causes of action which you may have against NetSuite, its directors, employees or agents arising out of or resulting from these Terms, your use of the website or the Services.
13.2. You agree to indemnify and hold harmless NetSuite, its directors, employees and agents from and against all claims, actions, demands, liability, losses, damages, expenses or costs incurred by NetSuite arising, directly or indirectly, from or in connection with your use of the website, the Services, the Content or your breach of these Terms.

14. Termination
14.1. NetSuite may at any time, at its sole discretion, terminate your access to the website or the Services if you breach these Terms, are suspected or found to have engaged in inappropriate or fraudulent activity in connection with the use of the Services, NetSuite is unable to verify or authenticate any information you provide to it, NetSuite is required to do so by law or NetSuite believes that your actions may result in legal liability.
14.2. On termination of your access to the Services, the legal agreement between you and NetSuite which these Terms form is terminated. Termination of these Terms does not affect any accrued rights or remedies of either party. Clauses 11, 12 and 13 and any other term which by its nature is intended to survive termination of these Terms survive termination of these Terms.

15. General provisions
15.1. NetSuite reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Services and may contact you by telephone or mail regarding the Services. You can opt out of being contacted by, or receiving information from, us by notifying us by email or telephone.
15.2. This website may contain links to other websites. NetSuite has no responsibility or liability for the availability or accuracy of any of these links. Please review the privacy policies and the terms and conditions of these links prior to using them.
15.3. These Terms will be governed by and construed in accordance with the laws in force in the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State.
15.4. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
15.5. A clause or part of a clause that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the clause continue in force.
15.6. You must pay to NetSuite immediately on demand all costs, charges and expenses (on a solicitor and own client basis) incurred by NetSuite in enforcing or attempting to enforce all or any of its rights, powers or remedies under these Terms or at law.
15.7. You must not assign your rights under these Terms without the prior written consent of NetSuite.
15.8. These Terms constitute the entire agreement between you and NetSuite in relation to your use of the website and the Services.

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