In these terms and conditions, “we” “us” and “our” refers to Togram Pty Ltd trading as Insync Network Group.

Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions (Terms Notice or Notice).

We reserve the right to amend this Notice at any time and your continuing use of the website and our Services following any amendments will represent your agreement to be bound by these website and Services terms and conditions as amended.  Any amendments to these website and Services terms and conditions will be notified to you through our website and/or any Service communications sent to you individually.

Members

1. In order to access the Services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page and apply for consideration for the type or tier of membership which most suits your current circumstances.
2. We will assess your membership application and confirm whether your application has been accepted. Acceptance as a member is on a discretionary basis and we reserve our rights to reject your application.
3. Please refer to our Privacy Policy [Privacy Policy hyperlink to be inserted] linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
4. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
5. On registration, we provide you with a password and User name. On registration you agree to pay the applicable Fees for your Membership and Services confirmed to you on acceptance of your application.
6. We reserve the right to terminate your Membership and our Services at any time if you breach these website and Service terms and conditions.
7. You may terminate your Membership and our Services by providing Us with 30 days written notice at any time.

Our Services

8. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that the Fees confirmed to you in writing on our acceptance of your Membership application are accurate and remain current for the term of your applicable Membership tier. .
9. A list of all our Membership Fees can be provided on your written request and subject to section 3, we reserve the right to amend our Membership Fees at any time.
10. If you have applied for Membership and your application has been accepted, we undertake to provide you with 30 days’ notice of any change to the fees applicable to your Membership tier at the time at which your Membership was accepted.
11. We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on your Fee invoice.
12. If invoices are unpaid after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.

Site Access

13. When you visit our website, we give you a limited licence to access and use our Member content, the Services and any other information made available to you via this website for personal use (Membership Content).
14. You are permitted to download a copy of your Membership Content and any other information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Membership Content and any other content we provide you access to,  in any other way, infringes our or potentially third party intellectual property rights.
15. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website and/or delivered to you through our Services without our prior written permission.
16. The licence to access and use the information on our website and/or delivered to you through our Services does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website or any other Membership Content without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website or misuse or reuse of any Member Content in breach of these terms and conditions.

Hyperlinks

17. This website or our Membership Content may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website and/or or in our Membership Content to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide, except where we expressly notify you that we have engaged with the operator of the website, content author or applicable product owner or licensor and expressly endorse their website, content, product or service for a limited purpose notified to you at the time of the endorsement.
18. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

19. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
20. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
21. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website, in response to our Membership Content or otherwise through our Services becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
22. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

23. Whilst we take all due care in providing our Services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
24. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
25. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
26. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

27. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of services to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-
    1. Schedule 2 of the C&C Act; and
    2. those statutory guarantees, all of which are given by us to you if you are a consumer.
28. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our services then we give you a warranty that at the time of supply of services to you, if they are defective then:-
    1. Provide again or rectify any services or part of them that are defective; or
    2. Wholly or partly recompense you if they are defective.

Limitation of Liability

29. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:-
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the transactions between our users.

Indemnity

30. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website, Membership and Services.

Jurisdiction

31. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
32. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

33. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
34. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.