Privacy Policy

Mobilise IT Site(s) Legal Terms

This site located at “www.mobiliseit.com” is a website (Site) owned and operated by Mobilise IT Pty. Limited (ABN 80 120 220 206), known from here on as MIT its affiliates and or related bodies corporate (MIT or Our or We or Us) and is intended to provide information that might be of interest to users.

Your access to, and use of the Site hosted at “www.mobiliseit.com” and any other websites controlled by MIT (together Our Sites) and all the content of them that MIT and its subsidiaries and affiliated companies may make available to you, as well as any services We may provide through any of Our Sites, are governed by and subject to these MIT Site Terms (Terms) and all applicable laws. Please read them carefully.

By accessing and browsing Our Sites, you accept, without limitation or qualification, these Terms and acknowledge that Other Agreements between you and MIT are, subject to section 12 (Other Agreements; Access to Software and Services) of these Terms, superseded and of no force or effect.

1. Copyright

All content of Our Sites, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, Software, and images, and their arrangement or compilation on Our Sites (Content), unless otherwise noted, are the copyrighted material of MIT, its vendors, its partners or its content providers and are protected by Australian, United States and international copyright laws. Copyright Š 20011-2024 MIT. All rights reserved.

2. Trademarks

“Mobilise IT” and the MIT logo and other MIT graphics, logos and service names are trademarks, registered trademarks, or trade dress of MIT in Australia and/or other countries. MIT’s trademarks or trade dress many not be used in connection with any other product or service that is not MIT’s, or in any manner that is likely to cause confusion among existing or future customers, or in any manner which denigrates or discredits MIT. All other trademarks and logos or registered trademarks and logos found on Our Sites or mentioned in them belong to their respective owners. Nothing contained on Our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Sites without the written permission of MIT or such third party that owns the trademarks. MIT will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of MIT without MIT’s or such third party’s express written permission.

3. Limited License

MIT grants you a limited, revocable, non-exclusive license to access and make personal use of Our Sites (License), and not to download (except for page caching) or modify any portion of it without MIT’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Sites or any of their Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Sites. Unless otherwise specified by MIT in a separate license or Other Agreement your right to use any Software, data, documentation or other Content that you access or download from Our Sites is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any unauthorised use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.

4. Access to Our Sites

When you access Our Sites, you are responsible for complying with these Terms as well as any and all use of Our Sites through any account that you may setup through or on Our Sites. Some Content will only be available to you if you have created an account.

Whenever you access Our Sites or create or maintain any account on Our Sites you agree to provide true, accurate, current, and complete information. It is your responsibility to obtain and maintain all equipment, services and Software needed for access to and use of Our Sites as well as paying any related charges. It is also your responsibility to maintain the confidentiality of your login credentials and password(s) and to restrict access to your computing device used to access your account. Should you believe your password or other security information for any of Our Sites has been breached in any way, you must immediately notify Us. MIT reserves the right to refuse you access to Our Sites and to terminate accounts in Our sole discretion.

5. Professional Services and Advice

In accessing any of Our Sites, no client, advisory, fiduciary or professional relationship is implicated or established and neither MIT nor any other person is, in connection with Our Sites, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.

6. Liability and Warranties

OUR SITES AND ALL CONTENT IN THEM HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITES (INCLUDING ANY AND ALL DOWNLOAD MATERIAL OR SOFTWARE) IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK.

MIT DOES NOT WARRANT THAT OUR SITES, VARIOUS SERVICES PROVIDED THROUGH OUR SITES, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITES, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MIT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITES. MIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. MIT USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITES BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITES, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.

UNLESS SPECIFIED IN AN OTHER AGREEMENT BETWEEN YOU AND US, AND TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, MIT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITES  OR FROM YOUR USE OF ANY CONTENT (INCLUDING ANY AND ALL DOWNLOAD MATERIAL OR SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, OR THIRD PARTY CLAIMS, EVEN IF MIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY.

7. External Links

Links on Our Sites may lead to servers maintained by individuals or organisations other than MIT. MIT has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.

8. Submission of Personal Information

Please read MIT’s Privacy Policy. These Terms are deemed to incorporate, and should be read together with, MIT’s Privacy Policy.

9. Images

Images of people or places displayed on Our Sites are either the property of, or used with permission by, MIT. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Sites or you write directly to and obtain permission from MIT. Please contact “webmaster@mobiliseit.com” for permission.

10. Revisions to Content

MIT may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Sites, therefore you should periodically and carefully review these Terms to which you are bound.

11. Other Agreements; Access to Software and Services

MIT may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Sites under the terms of a separate agreement between You and MIT, such as a license agreement or separate terms of sale and warranty terms (each, an Other Agreement). MIT’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the terms of the Other Agreement will control.

For example, the use of any software that is made available to download from Our Sites (Software) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (Also Known As A License Agreement And Or End User License Agreement EULA). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, then these Terms will govern your use of that Software.

12. Choice of Law, Jurisdiction and Severability

The contents of Our Sites are governed by the laws of the state of Victoria in Australia, and any claims rising directly or indirectly out of any materials contained on Our Sites are subject to these same laws without regard to any conflict of law principles.

Any dispute that arises out of your use of Our Sites or to services provided by MIT where the aggregated amount of such claim is greater than $10,000 shall be heard in a state or federal court in the state of Victoria Australia, and you consent to the exclusive jurisdiction of such courts.

If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.

Mobilise IT Privacy Statement

Mobilise IT Pty. Limited (ABN 80 120 220 206), known from here on as MIT, and its affiliates and or related bodies corporate (MIT or Our or We or Us) recognise that your privacy is important and are committed to protecting information that we collect from you in accordance with the Privacy Act 1988 (Cth), Australian Privacy Principles and certain applicable privacy codes (the Privacy Laws). For this reason, MIT has adopted a policy which sets out how we collect, use, disclose and otherwise manage your information.

The following policy applies to the collection, storage, use and disclosure of your personal information by MIT. We also treat any other information received by MIT in relation to you and your business, including information we may receive from third parties, such as our vendors, contractors and customers, in line with this policy (Privacy and Information Policy).

By accessing our websites, products and services, you accept the terms of this Privacy and Information Policy.

  1. Collection of personal information

“Personal information” means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. The type of information we may collect, use, disclose and hold in the course of conducting business includes personal information about:

our clients and potential clients and their employees, and the goods and/or services used, intended to be used, and/or required by them;

vendors, suppliers and their employees, and the goods and/or services provided by them;

employees, prospective employees and contractors; and

other people who come into contact with MIT and the goods and/or services used, intended to be used or required by them.

In general, the type of personal information we collect and hold includes names, addresses, contact details, titles, e-mail addresses, occupation, details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to enquiries, information you provide to us through our customer surveys, information associated with MIT marketing events and other information which assists us in conducting business, providing and marketing services and meeting legal obligations. We may also collect ‘sensitive information’, such as information about an individual’s criminal record or health information if it is essential for the purpose of the conduct of business, however, we will obtain your written consent prior to us obtaining such sensitive information from you.

If you access our website, we may collect additional personal information about you in the form of your IP address or domain name. Our website may contain links to other websites. We are not responsible for the privacy practices of or content contained in linked websites and any linked websites are not subject to our privacy policies and procedures.

  • Use of personal information

As a major provider of a range of information technology products, services and resource solutions, MIT’s primary purpose for collecting, holding, using and disclosing personal information is to facilitate the efficient provision of quality information technology products and services. Whilst much of this information may not be personal information, some of the information we collect, on its own or when matched with other information, may be personal information about you.

Specifically, we collect personal information so that we can:

identify you, your company and conduct appropriate checks;

understand your requirements and provide you with a product or service;

set up, administer and manage our products, services and systems;

manage, train and develop our employees and representatives;

conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;

engage in administrative, marketing (including direct marketing), planning, product or service development, quality control and research activities of MIT, its contractors or service providers;

audit and monitor the products and services we provide;

manage complaints and disputes;

understand your needs, your behaviours and how you interact with us, so we can engage in product and service research, development and business strategy including managing the delivery of our services and products via the ways we communicate with you;

comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or co-operate with any governmental authority of any country (or political sub-division of a country).

We will not collect personal information unless the information is reasonably necessary for or directly related to one, or more of our functions or activities. If you do not agree to provide us with your personal information, this may limit our ability to provide our services and solutions to you effectively. If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the services and solutions you, or they, are seeking.

  • How do we collect personal information

We generally collect personal information:

from you directly when you provide your details to us;

when you purchase our solutions, products and services;

from you indirectly through emails, forms, face-to-face meetings, interviews, registration and attendance at seminars, business cards and telephone conversations and through use of the services and facilities available through www.data3.com, including receiving subscriptions, events, workshops, seminars, blogs and other social media;

from outlets to which you contribute;

when we purchase your products and services;

when we respond to your inquiries and requests;

when we obtain feedback from you about our solutions and services;

when we conduct our administrative and business functions;

when we market our products, solutions and services to you; and

through your access and use of our websites.

We may also collect personal information from third parties including your representatives, credit reporting agencies, law enforcement agencies, other government entities and other publicly available sources of information.

  • Disclosure

We may disclose your personal information to our employees and related bodies corporate.

We may also disclose your personal information to:

third party service providers, contractors, and suppliers with whom we have a commercial relationship for business, marketing, and related purposes;

any organisation for any authorised purpose with your express consent;

others where the disclosure is required by law, for example, to government agencies and regulatory bodies as part of our statutory obligations, or for law enforcement purposes; and

an organisation that acquires all or part of our assets or businesses.

Some of these organisations and service providers may not be required to comply with this policy. Except as set out above, MIT will only disclose personal information if this is required by law or a court/tribunal order or otherwise permitted under the applicable Privacy Laws.

In the event of a security incident involving unauthorised access, use or disclosure of personal information where a third party with whom we share personal information is involved, we will seek to work cooperatively with them to protect the personal information we have shared with them.

  • Direct Marketing Materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

  • Cookies

In some cases we may also collect your personal information through the use of cookies. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

  • Data quality, access and correction

You may request access to personal information we hold about you by making a written request. We will respond to your request within a reasonable period. We may charge you a reasonable fee for processing your request (but not for making a request for access).

We may decline a request for access to personal information in circumstances prescribed by the applicable Privacy Laws, and if we do, we will provide you with a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).

If, upon receiving access to your personal information, or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We take reasonable steps to correct the information so that it is accurate, complete and up to date. If we refuse to correct your personal information, we will provide you with a written notice that sets out the reasons for our refusal (unless it would be unreasonable to provide those reasons) and provide you with a statement regarding the mechanisms available to you to make a complaint.

  • How do you make a privacy related complaint?

If you have any questions about privacy related issues or wish to complain about a potential breach of the applicable Privacy Laws or the handling of your personal information by us, please contact our HR Manager. We may ask you to lodge your complaint in writing. Any complaint will be investigated by the HR Manager and you will be notified of the making of a decision in relation to your complaint as soon as is practicable after it has been made, usually within 30 days.

Address:          Mobilise IT HR Manager, Unit 3, Ground Floor, 436 Johnston Street, Abbotsford Victoria 3076

Telephone:      1300 MIT 123

E-mail:             privacy@mobiliseit.com

  • Are we likely to disclose your personal information overseas?

We store and retain your personal information in Australia. However, we may disclose your personal information to the following overseas recipients:

other companies or individuals who assist us in providing solutions and services or who perform functions on our behalf (such as third party service providers), including those located in the Philippines, USA, United Kingdom and other countries.

regulatory authorities;

anyone else to whom you authorise us to disclose it; and

anyone else where authorised by law.

Such access will be provided under secure protocols (see below for further information on how we manage other information about your business).

We will take steps to contractually ensure that overseas recipients of your personal information provide a level of protection for your personal information which is equivalent to the requirements contained in the applicable Privacy Laws.

  1. Information security and storage

As an information technology company, MIT will use all reasonable endeavors to ensure the integrity and security of your personal information is maintained. MIT also employs physical and administrative safeguards which we consider are consistent with Australian industry standards. We hold personal information in either paper-based records, in secure access-controlled premises or in electronic form in databases and email files which require logins and passwords. MIT personnel are also contractually bound by confidentiality obligations.

Despite the level of information security employed within MIT and its commitment to your privacy, the company is unable to provide an absolute assurance that personal information will remain secure at all times. MIT therefore does not accept any responsibility for incidences of unauthorised access to personal information, which is provided at your own risk. Likewise, MIT does not guarantee the security or privacy compliance of any websites that are accessible through links provided on any of its websites. In the event of a security incident, we have in place procedures to promptly investigate the incident and determine if there has been a data breach, and if so, to assess if it is a breach that would require notification.  If it is, we will notify affected parties in accordance with the applicable Privacy Law requirements.

MIT will take reasonable steps to destroy or de-identify your personal information held by the company on your request or if we no longer need your personal information, except where MIT is required by law to retain the information.

  1. Your personal information and our marketing practices

We might, from time to time, let you know – including via mail, SMS, email, telephone or online – about news, special offers, products and services that you might be interested in. We will use your personal information to engage in marketing unless you tell us otherwise. You can contact us to update your marketing preferences at any time.

  1. Changes to our policy

We may change this policy from time to time. Any updated versions of this policy will be posted on our website. Please review it regularly. You will be deemed to have consented to such variations by your continued use of MIT’s products and services following such changes being made.

  1. Openness

MIT’s Privacy and Information Policy is available on its website.

  1. Anonymity

MIT’s personnel will respect a request for anonymity however some of MIT’s business processes cannot be completed effectively if you remain anonymous.

  1. How we manage other information about your business

This Privacy and Information Policy applies to all information received by MIT from third parties, including from its vendors, contractors and customers, whether or not such information falls within the meaning of “personal information”.

While MIT will endeavour to comply with the obligations contained in this policy with respect to all information it collects, stores, uses and discloses in the course of its business, MIT is not required to, and does not warrant or represent that it will in all instances, comply with the Privacy Laws to the extent that the information does not fall within the meaning of “personal information”.

Terms of Trade

These terms and conditions will apply to all Goods and Consulting Services resold, supplied or performed by Mobilise IT Pty. Limited (ABN 80 120 220 206) to you and your use of such Goods and Consulting Services, where MIT accepts an offer from you to supply such Goods and Consulting Services based on a written CED, except where:

  • MIT and you have entered into an Individual Contract formed pursuant to an agreed MIT Head Agreement; or
  • MIT has expressly agreed in writing to provide such Goods and Consulting Services to you pursuant to a separate written agreement.

You acknowledge that, unless expressly agreed to by MIT in writing, the terms and conditions included on a document issued by you (such as a purchase order, confirmation, receipt (including the terms on any pre-printed purchase order form, or your standard retainer document)) will not apply to the sale or supply of Goods and Consulting Services by MIT to you or otherwise vary these terms and conditions.

General Obligations

You agree to perform your own specific obligations and responsibilities in accordance with this Individual Contract. Without derogating from this, you agree to cooperate fully and act reasonably and in good faith to assist in the timely progress and fulfilment of our obligations under this Individual Contract including, but not limited to, not unreasonably withholding or delaying the provision of any agreement, acceptance, information, assistance or other resource required by us and providing us with all necessary access to your premises and equipment. You agree to be responsible for all your site preparation as required to enable efficient delivery and implementation of the Goods and Consulting Services. You agree to ensure that all our personnel, agents or sub-contractors are sufficiently trained in and aware of your policies and procedures, including workplace safety.
We agree to cooperate fully and act reasonably and in good faith to ensure the timely progress and fulfilment of our obligations under this Individual Contract.

Your Requirements and Specification Information

You warrant that all information pertaining to your hardware, software or service requirements and specifications is complete, accurate and has been provided to us prior to formal agreement on an Individual Contract. You are agree to promptly update Us if you uncover any errors or incompleteness in the information you have supplied to Us.

Procurement of Goods

We agree to procure for and supply to you the Goods in accordance with the terms of this Individual Contract.

Delivery

Good estimated delivery dates are based on information available to us from third party suppliers and vendors and are subject to change at any time, by providing notice, including via electronic mail. Whilst we will employ commercially reasonable efforts to meeting estimated delivery dates, we are not responsible for delays in delivery caused by us, a supplier of ours or for other reasons beyond our reasonable control. Where we provide a fixed Delivery Date, we commit to meeting that deadline, unless a reason outside of our reasonable control prevents us from doing so.

Risk and Title

Risk of loss or damage to Goods (and to the extent applicable Third Party Contracts) will pass to you upon delivery of the Goods to you or your authorised representative.
Notwithstanding the passing of risk:

  • All Goods (and to the extent applicable Third Party Contracts) delivered remain our property (or the property of their respective owners) until all monies owing have been paid in full. You acknowledge that the sale of Goods constitutes a registered security interest under the Personal Property Securities Act (2009) (Cth) (“PPSA”). We reserve the right to register our interest in the Goods under the PPSA. We may not provide notification of registration of its interest in the Goods.
  • Prior to any on-sale by you, you shall hold the Goods as bailee for us and shall return the Goods to us on demand.
  • Until payment has been received in full, we will be entitled to enter your premises at any reasonable time to inspect all records in relation to all Goods supplied by us and all records in respect of the sale of those Goods by you.
  • We will be entitled to enter your premises at any reasonable time to recover possession of those Goods for which payment in full has not been made.
  • It is agreed that where we enter your premises to take possession of the Goods and it is not possible to otherwise identify the ownership of the Goods in your possession, the Goods will be treated as though they were sold by you in the same sequence as you had taken delivery.

Performance of Consulting Services

Unless otherwise agreed, the Consulting Services will be performed by Us during Business Hours of each Business Day. We agree to perform the Consulting Services in accordance with the terms of an Individual Contract. We will perform the Consulting Services utilising such resources, employees and subcontractors as we deem appropriate.

Prices and Payment

The Price payable for the Goods and Consulting Services is set out in an Individual Contract and unless set out to the contrary does not include any Incidental Costs (including any GST).

Unless otherwise expressly agreed in writing between the parties in an Individual Contract, Goods and Consulting Services may be invoiced by us on the earlier of delivery, the date such Goods or Consulting Services are made available to you or upon provisioning, as the case may be. Under no circumstances is the obligation to make payment of invoices contingent on your use of the Goods or use or consumption of the Third Party Contracts or Consulting Services. If expressly set out in an Individual Contract, certain Third Party Contracts may be invoiced during their term based on your consumption or usage.
The default agreed payment terms are fourteen (14) days from the date of our tax invoice. Interest may become payable at the rate of 2% per annum above the prime lending rate of our principal banker on any overdue amounts.

Confidentiality

We both agree to maintain in confidence and respect the Confidential Information of the other and to abide by the restrictions on use and disclosure of another’s Confidential Information.

Materials Ownership and Licence

We retain all right, title and interest in all Materials created before and during the Consulting Service performance period. We grant to you a non-exclusive, licence to use, copy and distribute, within your group of companies only, copies of these Materials. Each party agrees to reproduce the copyright notice on any copies made under the licence granted above. Any idea, concept, know-how or technique which relates to the subject matter of a Consulting Service and is developed or provided by a party, or jointly by both, in the performance of a Consulting Service may (subject to applicable patents and copyrights) be freely used by either party.

Hardware, Third Party Software and Third Party Contract Warranty

You accept the Hardware manufacturer’s warranty in relation to the Hardware. We cannot provide any additional warranty in relation to the Hardware. On request, We will pass on to you any warranty provided to us by the relevant manufacturer of the Hardware. On request, we will provide information to You relating to the applicable Hardware manufacturer’s warranty. Defects in Hardware will be rectified in accordance with the relevant manufacturer’s warranty.

You acknowledge that your use, rights and obligations in respect of deliverables or ‘service’ supplied pursuant to a Third Party Contract is governed exclusively by such contract between You and the relevant Third Party Contract vendor, unless it is varied by agreement between the parties. You agree to be bound by the terms and conditions of the Third Party Contract and otherwise acknowledge that you have reviewed and inspected all aspects of the Third Party Contract prior to entering into an Individual Contract. Upon request in writing, we are able to provide you with a copy of the relevant Third Party Contract for your review prior to entering into an Individual Contract. We cannot provide any additional warranty in relation to the deliverables or ‘service’ supplied pursuant to the Third Party Contract. Defects in Third Party Contracts will be rectified in accordance with the relevant third party provider’s warranty.

You acknowledge that your use, rights and obligations in respect of Third Party Software is governed by its applicable End User License Agreement (“EULA”), unless it is varied by agreement between the parties to that EULA. You agree to be bound by the terms of the Third Party Software owner’s EULA. Upon request in writing, we are able to provide you with a copy of the relevant EULA for your review prior to entering into an Individual Contract. You accept the Third Party Software owner’s warranty in relation to the Third Party Software. We cannot provide any additional warranty in relation to the Third Party Software. Defects in Third Party Software will be rectified in accordance with the relevant software owner’s warranty.

Consulting Services Warranty

We warrant that we will use commercially reasonable efforts to perform the Consulting Services (including the provision of any associated Materials) in accordance with an Individual Contract and any milestones set out therein and that all Consulting Services will be provided with due care and skill. If you reasonably believe that we have not met this warranty commitment, you must notify us in writing as soon as practically possible, but in any event, within the applicable Consulting Services warranty period to obtain the benefit of this warranty. The Consulting Services warranty is valid for a period of 30 days following delivery of the Consulting Services.

Integration Warranty

You accept the relevant Hardware manufacturers, Third Party Software and Third Party Contract owner’s warranties in relation to the integration, compatibility or interoperability of those ‘products’ or ‘services’ with other hardware, software or services.

MIT Assistance with Hardware, Third Party Contracts and Third Party Software Functionality Issues
Any issues relating to Hardware, Third Party Contracts or Third Party Software functionality including, but not limited to, warranty claims, are to be resolved between you and the relevant vendor, owner or manufacturer directly, subject to the terms of the Hardware manufacturer’s warranty, Third Party Contract or Third Party Software manufacturer’s warranty and its EULA, as the case may be. We will, where possible, provide customer relationship support to you during this process. An Individual Contract may otherwise contemplate us assuming a first-line warranty claims assistance support role for the Price set out therein.

Australian Consumer Law

Notwithstanding anything in these Terms of Trade, consumers may have the benefit of certain rights or remedies pursuant to Australian Consumer Law in respect of which liability may not be excluded. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To claim this warranty, the consumer must inform MIT (by providing notice to the address set out in these terms of trade) of a warranty issue within the warranty time period specified by the relevant goods manufacturer. MIT will assist the consumer with claiming the warranty from the relevant goods manufacturer. The relevant goods manufacturer will provide details as to who will bear the expense of claiming the warranty and (if applicable) how the consumer can claim expenses incurred in making the claim. The benefits to the consumer given by the consumer warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods to which the warranty relates.

Exclusion of all other warranties

To the extent permitted by law, and except as set out in these Terms of Trade, we:
(a) provide the Goods and Consulting Services to you on an “AS IS” basis;
(b) exclude all warranties and conditions, express, implied or statutory (including all implied warranties of merchantability, fitness for a particular purpose, lack of viruses, uninterrupted or error free operation, accuracy or completeness of responses or results, lack of workmanlike effort or non-infringement) regarding the Goods and Consulting Services provided to you; and
(c) limit the remedies available for a breach of any warranty given to you to the lesser of and to the extent that such breach of warranty is capable of remedy by employing commercially reasonable efforts (as determined by us acting reasonably and in good faith), the cost of repairing or replacing those Goods and Consulting Services; or paying the cost of having those Goods and Consulting Services repaired or replaced (as the context admits).
We accept no liability whatsoever for any resultant loss or damage arising directly or indirectly from any connectivity or integration with any existing Customer process, product, materials, environment that is not adequately accounted for in an Individual Contract, or inaccurate or incomplete Customer information.

Limitation of Liability

EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY A PARTY’S NEGLIGENCE, IN NO OTHER EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHETHER SUCH LOSSES OR DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT OR OTHERWISE. Except in respect of personal injury or death caused by our negligence, our maximum liability to you in aggregate for all claims made against us in contract, tort (including negligence) or for any other common law or statutory cause of action or otherwise in connection with the subject matter of this Contract shall be limited to:

  • In respect of Goods, the component of the Price paid by you for such Goods under this Contract;
  • In respect of Consulting Services, the component of the Price paid by you for such Consulting Services under this Contract;

Where a claim(s) relates to both Goods and Consulting Services, the limits on our liability to you shall operate separately and independently of each other in respect of such Goods and Consulting Services. A party’s liability for a claim of another party will be reduced proportionately to the extent that any act or omission of the first mentioned party or any of its officers, agents, employees or contractors causes or contributed to those liabilities, losses, damages, cost or expenses.

Term and Termination

This Contract will continue in force for the term set out in an Individual Contract or until we have fulfilled our obligations under this Contract. Either of us may terminate this Individual Contract, on 30 days prior written notice, where the other is in material default. We may terminate this Individual Contract with immediate effect if you become unable to pay your debts as and when they become due and payable.

Force Majeure

We are excused from performing our obligations to the extent we are prevented by circumstances beyond our reasonable control including, but not limited to, acts of God, natural disasters, acts of war, riots and strikes.

General Provisions

Assignment: MIT may at any time transfer or assign any or all of its rights, obligations, benefit or interest under this Individual Contract. You may transfer or assign any or all of its rights, obligations, benefit or interest under this Individual Contract only with the prior written consent of MIT, which shall not be unreasonably withheld.

Severability: The provisions is this Individual Contract are enforceable independently of each of the others and if a provision of this Individual Contract is, or becomes, illegal, invalid, void or deemed unenforceable by any court of competent jurisdiction, it shall not affect the legality, validity or enforceability of any other provisions of this Contract. If any of these provisions is so held to be illegal, void, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.

Variations: This Individual Contract may be varied from time to time providing that both parties agree to the variations in writing.

Waiver: Failure or delay by either party to enforce any provision of this Individual Contract shall not be deemed a waiver of future enforcement of that or any other provision, unless agreed in writing by the relevant party.
Entire Contract: Where this Individual Contract applies, it constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any prior condition, warranty, representation, statement, agreement, undertaking, indemnity (whether negligently or innocently) imposed, given or made by a party, whether written, oral or implied and may only be amended in writing and signed by both parties.
Governing Law and Jurisdiction This Individual Contract shall be governed by the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

Definitions

  • ‘Business Day’ means a day that is not a Saturday, Sunday or any other day that is a gazetted public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made, as the context admits.
  • ‘Business Hours’ means 8:30 am to 5:00 pm of each Business Day.
  • A commercial engagement document (CED) means a MIT quotation document or MIT proposal or Statement of Work (SoW) forming part of a Master Services Agreement (MSA) that may reference other specifications applicable to the sale or supply of certain Goods and Consulting Services by MIT.
  • “Consulting Services” means the services supplied by MIT personnel to you pursuant to an Individual Contract, including any pre-contractual advice provided relating to your choice to purchase certain Goods. Consulting Services expressly excludes the resale or on-selling of Goods or resale of services supplied pursuant to a Third Party Contract.
  • ‘Individual Contract’ means a legally binding contract between MIT and you consisting of the relevant CED and these MIT Terms of Trade.
  • ‘Confidential Information’ means any trade secrets embodied in any information relating to, but not limited to, the commercial activities, product pricing, technologies, business processes, client relationships, strategic information and any other information related to the conduct of each parties businesses.
  • ‘MIT’, ‘us’, ‘our’ or ‘we’ means either the entity Mobilise IT Pty. Limited (ABN 80 120 220 206) or any of its wholly owned Related Bodies Corporate and or affiliate as specified in a CED as the seller or supplier, of Ground Floor, Unit 3, 436 Johnston Street, Abbotsford, Victoria 3067.
  • ‘Goods’ means either Hardware, Third Part Contract or Third Party Software procured or supplied pursuant to these terms and conditions, as the context admits.
  • ‘EULA’ means the license agreement governing the use of Third Party Software directly between you and the owner of that software.
  • ‘Hardware’ means any physical product manufactured by a third party, as specified in an Individual Contract.
  • ‘Master Services Agreement’ means MIT’s umbrella agreement for the supply of Goods and Consulting Services to its customers.
  • ‘Incidental Costs’ means delivery costs, tax, installation, support or maintenance costs, preparation of the site, audit of your physical environments, overtime rates, and any miscellaneous expenses, like travel & accommodation.
  • ‘Material’ means literary works or other works of authorship that MIT may deliver to the Customer as part of a Consulting Service. The term “Material” does not include licensed software products which are provided in accordance with their EULA.
  • ‘Price’ in relation to Goods and Consulting Services means the price payable for those Goods and Services as detailed in an Individual Contract.
  • ‘Third Party Software’ means any licensed, packaged software that is manufactured, licensed or owned by a third party (other than MIT or you) (“Third Party”) and procured on behalf of MIT for you, the use of which is subject to that Third Party’s EULA, and where applicable, includes its associated third party support and maintenance contract.
  • ‘Third Party Contract’ means a separate contract including terms and conditions pursuant to which a service is supplied by a third party vendor directly to You, which is typically resold or transacted as a line item in an Individual Contract by MIT and which requires You to pay MIT for such service upon delivery or provisioning (and for which MIT remits a component of your payment to the third party vendor). The service supplied by the third party vendor may be for the support or maintenance service for Goods, or described as an “as a service” or “cloud” offering.
  • ‘You’ means the customer entity specified in an Individual Contract.

Modern Slavery

People are at the very centre of our business at Mobilise IT and we are committed to respecting the human rights of all individuals regardless of who they are, where they live, what they believe, or their abilities.

Modern slavery is the severe exploitation of a person for the personal or commercial gain by another party. It refers to practices including forced labour, child labour, debt bondage, slavery and slavery-like practices, and extends to instances involving force, coercion, deception or abuse of power;

As an example in practice Modern Slavery can occur in any country, even Australia and the most basic form of modern day slavery is where a person is forced to work without pay to settle debts or is forced to work through intimidation and violence. Additionally, the term ‘modern slavery’ can also include other unlawful activities that have adverse effects on human rights, such as corruption and environmental damage.

Mobilise IT recognises that modern forms of slavery can occur in any country and industry across the world, with significant consequences for victims and negatively impacts on global business and markets. This Statement outlines our ongoing actions to identify and address potential modern slavery risks in our business operations and supply chains and highlights the key steps we are taking to refine and enhance our response to them. Having the freedom to make choices in life is empowering and grows optimism. Furthermore, take steps to eradicate modern slavery and the associated risks, not just within our company, but where possible to distil and enforce the same ideology within our broader ecosystems of partners. We are strongly committed to delivering our services in a manner that upholds human rights and protects the fundamental dignity of workers. Mobilise IT is always actively working to identify and mitigate risks associated with modern slavery. This Modern Slavery Statement (Statement) has been prepared in accordance with the Modern Slavery Act 2018 (Cth) (Act).