Certain legislation in Australia may provide consumer guarantees or impose obligations on Rapid Global which cannot be excluded, restricted or modified, or only to a limited extent. These terms and conditions are subject to such legislation, including without limitation the Australian Consumer Law.
In this document:
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services under these terms and conditions.
Business Day means a day on which all banks (as defined in the Banking Act 1959) with offices in the City of Adelaide are open for business in the City of Adelaide.
Business Hours means between the hours of 9.00am and 5.00pm.
Confidential Information means all information provided by one party to the other in connection with these terms and conditions where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these terms and conditions and information developed independently by a party.
Commencement Date means the date set out in an Order Acknowledgement or the date that access is provided to the Services or Software is downloaded.
Customer means the customer specified in an Order, Order Acknowledgement, Rapid Global’s invoice or quotation or the person or entity that acquires the Services from Rapid Global.
Customer Data means all works and materials:
Device means a device, usually electronic, that processes data according to a set of instructions, which may include workstations, personal computers, laptops, netbooks, personal digital assistants, tablets and smartphones.
Documentation means any documentation (whether electronic or printed) made available via the Website or otherwise provided by Rapid Global to the Customer or Authorised User which accompanies the Services.
Fees means the Instalment Fee, the User Subscription Fee and the Licence Fee, where the context permits.
Force Majeure Event means any event beyond the control of the relevant party.
GST means the tax payable on taxable supplies under the GST Legislation and GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Instalment Fee means the amount set out on the Website or in the Rapid Global Proposal as confirmed in an Order Acknowledgement.
Intellectual Property Rights means any and all, current and future, intellectual and industrial, property rights and interests, including any:
in Australia and in the world, whether registered or unregistered, for the duration of the rights and interests.
Liability means any claim, action, loss, cost, expense, damage or liability of any kind., charge, outgoing or payment (including any legal costs, on a full indemnity basis)
Licence Fee means the amount set out on the Website or in the Rapid Global Proposal, as confirmed in an Order Acknowledgement.
Maintenance Services means such routine maintenance services as Rapid Global considers necessary to ensure the proper functioning of the Services, including:
Maximum Number of Users means the maximum number specified in an Order Acknowledgement.
Order means an order or offer to purchase Services made by the Customer to Rapid Global, including orders made via the Website.
Order Acknowledgement means a written acknowledgement of an Order provided in writing or electronically by Rapid Global to the Customer (including via the Website).
Payment Gateway means payment for the Services made on behalf of the Customer by its agents or contractors via eWay, facilities provided by National Australia Bank Limited or by other means specified on the Website or as advised by Rapid Global from time to time.
Rapid Global means Rapid Global Nominee Pty Ltd ACN 161 913 882 as agent for Rapid Global Nominee Pty Ltd ACN 161 913 882 as trustee for the Rapid Global Unit Trust and TAPAI Pty Ltd ACN 131 827 426 as trustee for the TAPAI Family Trust, trading as "Rapid Global" ABN 54 229 322 834.
Services means the services to be provided by Rapid Global to the Customer under these terms and conditions via the Website or to be accessed via Devices using the Software, together with any Documentation as specified in an Order and confirmed in an Order Acknowledgement.
Software means any program or data file relating to the Services supplied by Rapid Global to the Customer or downloaded or installed by the Customer on a Device but excludes any Third Party Software.
Support Services means, if specified in an Order Acknowledgement, training, consultation by means of email and telephone during Business Hours, updates of Software as they become available and support for Authorised Users via email or telephone during Business Hours.
Third Party Software means freeware or open source software or software that is owned by third parties and licensed to Rapid Global.
Update means new versions of, and updates to, the Services, whether for the purpose of fixing an error, bug or other issue or enhancing the functionality of the Services but excludes any software, services or updates marketed, licensed or sold by Rapid Global as a new version or new release.
User Subscriptions: the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services in accordance with these terms and conditions.
User Subscription Fee means the amount set out on the Website as confirmed in an Order Acknowledgement.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
Website means www.rapidglobal.com.