Acceptable Use Policy is the document that is located on commun-iT Portal here.

Agreement means the documents and other items listed in clause 2.1.

commun-it Portal means the website branded as “commun-iT” and currently available at www.commun-it.com.au, which provides the Directories and a range of information, services, including Third Party Applications, social media features and advertising, as may change from time to time in Our discretion.

CCA means the Competition and Consumer Act 2010 (Cth).

Directory means each of the ICT Suppliers’ Directory, the ICT Contractors’ Directory, the Associations’ Directory and the Directory for Providers to the IT Industry.

GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Fees means the amount that is payable for products or services other than Subscriptions, inclusive of GST.

Include(s) is not a word of limitation.

Level means the particular grade of a Subscription that may be available for a Directory. A Subscriber is entitled to use a different set of features in each Level of each Directory.

Maat (We, Our or Us) means Maat Solutions Pty Ltd ABN 80 130 483 813.

Notice means a formal Notice given under this Agreement, which complies with clause 10.5.

Privacy Policy is the document that is located on commun-iT Portal here.

Promotion Code means any numbers, letters or other data that is used to signify that the user is entitled to a discount, rebate or other special consideration.

Subscription Fees the amount that is payable, inclusive of GST, for a Subscription for the Subscription Period.

Subscription means the right to enter data into a single Directory and use the features that are available for subscribers of that Level of Subscription for the Subscription Period. The features, benefits and any obligations relating to each Level of each Subscription of each Directory are stated in the relevant Subscription description page in the commun-iT Portal.

Subscription Period means the period for which the Subscriber is entitled to use the Subscription, such period to be 12 months or such other period determined at the time that the Subscriber agrees to pay the Subscription Fees. The Initial Subscription Period is the first Subscription Period for that Level of Subscription. A Subsequent Subscription Period is the each period that the Subscription is renewed at that Level in accordance with this Agreement. Each agreement in respect of Subscription Period is separate and independent agreement made on the terms and conditions of this Agreement.

Third Party Application means any application on commun-iT Portal for which the intellectual property rights are owned by a person other than Us, including Magnetised Markets, Adobe Business Catalyst and SurveyMonkey.

Third Party means any person other than You or Us.

You means the individual user of the commun-iT Portal, or, if You are using commun-iT Portal on behalf of Your employer or other organisation, You means Your employer or other organisation, as applicable.

2. The Agreement

2.1. When You use commun-iT Portal You must comply with:

2.1.1 the terms and conditions in this document;

2.1.2 any requirements that are stated in the commun-iT Portal when:

a) You become a Subscriber (including any obligations in the relevant Subscription description page); or

b) make any other purchase from commun-iT Portal;

2.1.3. if You enter any competition, draw, complete any survey or otherwise interact on the commun-iT Portal; any requirements that are drawn to Your attention at the time as being applicable;

2.1.4 if You use a Promotional Code; the terms and conditions that apply to the use of the Promotional Code;

2.1.5 the Acceptable Use Policy; and

2.1.6 the Privacy Policy.

2.2 If You use any Third Party Application that is accessed via commun-iT Portal You must comply with the terms and conditions that are applicable to the Third Party Application when using the services on that website, the location of such terms and conditions will be found on the Third Party Application’s website.

2.3 If You use the commun-iT Portal to access the www.aiia.biz website, You must comply with the terms and conditions on the www.aiia.biz website when using the services on that website, the location of such terms and conditions will be found on the www.aiia.biz website.

2.4 We may change any part of the Agreement from time to time in Our discretion. If We make any such change, We will give Notice of that change, and such change will be binding on You and Us immediately We give Notice (or on such later date stated in the Notice, which in the case of changes to the Acceptable Use Policy or the Privacy Policy, shall be at least 10 business days after the date We give the Notice). Where the changes are material we will make a prominent announcement on the commun-iT Portal as is appropriate in the circumstances.

2.5 Nothing in this Agreement excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the CCA in contravention of the CCA.

3. Scope of Services

3.1 The commun-iT Portal is designed for business use, primarily being the promotion and sale of professional and ethical products, services and their providers, networking and the exchange of information amongst the ICT community.

3.2 We provide the commun-iT Portal for Your use on each occasion that You visit the commun-iT Portal provided that You comply with Agreement. Unless You purchase a Subscription for one of the Directories or use one of the other services that require the payment of Fees, We do not charge for Your use of commun-iT Portal.

3.3 Our role in providing the commun-iT Portal is limited to creating and operating the website, providing a website where users may interact, communicate and transact with Us and/or third parties, including Third Party Application providers, advertisers and members of the public. We are not responsible for, nor do We control nor are We responsible for verifying:

3.3.1 the information provided by You or Third Parties (including the information provided in the Directories);

3.3.2 the products, services or other items that may be marketed or provided by Third Parties directly or indirectly via the commun-iT Portal;

3.3.3 the availability or content, operation or service provided by any Third Party Application;

3.3.4 the information or other data posted in, or accessible via, any blog, Twitter or other social media accessible on commun-iT Portal.

3.4 You are responsible for all costs, both capital and on-going/use, involved in connecting to and using the commun-iT Portal, and if We or a Third Party updates the commun-iT Portal or any application on it, and this update requires a new or upgraded software, hardware or network technology to connect to, or use, it, then any costs associated with that upgrade are solely Your responsibility too.

3.5 You must ensure that all data that you enter into a Directory or the commun-iT Portal is accurate, complete and not misleading or deceptive (or likely to be misleading or deceptive). In addition to our rights in the Acceptable Use Policy We reserve the right to:

3.5.1 Correct information that we believe includes errors (e.g. spelling mistakes);

3.5.2 Re-designate the categories/fields that you have selected if We change the categories/fields or if We believe that You cannot substantiate that You are entitled to use the relevant field.

Where we make a change that we believe is material We will use our best efforts to notify You of the change and allow You to verify the change or provide Us with material to support Your designation.

3.6 In order to respond to market needs We may, in Our discretion, change, delete or add any features, functions, applications, offers, deals, advertising, navigation, Directories, categories/fields or other criteria within a Directory, the look and feel, branding or any other item on commun-iT Portal, or the infrastructure or technology on which it is operated, without liability to You, subject only to clause 5.5.3(a). In particular We may cease to offer any free Subscription on a free of charge basis, and may charge for such Subscription in the future.

4. Payment

4.1 You must complete any information requested on commun-iT Portal fully and accurately, particularly when the information requested determines the amount of Fees or Subscription Fees that are due. If you use a Promotional Code You warrant that You meet the terms of the use of that Promotional Code.

4.2 You must pay Us:

4.2.1 the Subscription Fees for any paid Initial Subscription or for any Subsequent Subscription Period, in advance;

4.2.2 the Fees for any other product or service at the time you order it; and

4.2.3 any Fees that are charged in respect of the transaction, including fees determined by Us in respect of using a credit/debit/charge card;using one of the payment methods offered by Us.

4.3 We will email You a Tax Invoice on successful authorisation of any payment. This Tax Invoice will be emailed to the email address You have provided.

4.4 If You make payment by credit/debit/charge card, and the financial institution subsequently refuses to honour the payment for any reason, or for any other reason payment is not honoured or completed (other than providing a refund as required by law), then:

4.4.1 You must immediately pay the Fee for the relevant good, service or Subscription by a means acceptable to Us or the Third Party (as applicable); or

4.4.2 We may re-submit Your credit/debit/charge card details to the financial institution in an attempt to collect payment,

and You must pay a non-payment fee of $35.00, plus GST, for each occasion when payment was not made properly. You authorise Us to collect the non-payment fee using the same payment method without further reference to You.

4.5 If You purchase any product or service from a Third Party, for example when you use a Third Party Application, or from an advertiser, then this transaction is outside of the Agreement, and You will enter into an agreement directly with the Third Party on terms and conditions determined between You and the Third Party. We may, in certain circumstances collect payment as agent for the Third Party, and if this occurs You will be notified at the time.

4.6 All amounts under this Agreement are stated in Australian dollars.

5. Additional Terms and Conditions when You purchase a Subscription to a Directory

If You purchase a Subscription from Us the terms and conditions in this clause 5 also apply.

5.1 You can purchase a Subscription to a particular Level of a Directory for the Subscription Period by completing the online order details. Once you have authorised payment of the Subscription Fees You have purchased the Subscription for the Initial Subscription Period.

5.2 If You enter a valid Promotional Code for a particular Subscription the amount of the Subscription Fees and/or the Level and/or the Subscription Period will be varied for the Initial Subscription Period to comply with the terms of the promotion related to the Promotional Code.

5.3 At least 30 days prior to the end of the Initial Subscription Period, and of each Subsequent Subscription Period thereafter:

5.3.1 We will email or fax You with notice of the Subscription Fees that will apply for the Subsequent Subscription Period (which shall be 12 months from the last day of the pervious Subscription Period unless advised otherwise), the Level of the Subscription, description of the features and obligations of the Subscription and the details of the payment arrangement, including credit/debit/charge card details) that will be used to obtain payment (a Renewal Notice); and

5.3.2 unless you provide Notice in the manner stated in the Renewal Notice stating that You do not want to enter into the Subscription for the Subsequent Subscription Period:

a) You will purchase that Subscription at the Subscription Fees for the Subscription Period, commencing on the day after the end of the last day of the previous Subscription Period; and

b) We will take payment using the payment arrangements stated in the Renewal Notice on or promptly after the first day of the Subsequent Subscription Period or You will be otherwise obliged to make immediately payment of the Subscription Fees.

5.4 You may terminate any Subscription for convenience at any time by giving Us Notice; however You are not entitled to any refund of any Subscription Fees in these circumstances.

5.5 If We:

5.5.1 post a change to the Agreement that adversely affects a Subscription for which You have already paid the Subscription Fees; or

5.5.2 fundamentally change the essential overall nature of the commun-iT Portal website (e.g. We remove one or more Directories or remove the industry calendar, the Blog, Twitter and at least two other applications) then,

5.5.3 You may give Us Notice within 5 business days of the date of posting that You do not want to be bound by that change or continue with Your paid Subscription and:

a) We may give You Notice to immediately terminate the Subscription (Termination Notice), and promptly provide a pro rate refund of any unused Subscription Fees for that Subscription; or

b) if We do not provide such Termination Notice within 5 business days of the date when We received Your Notice and the change is of the type referred to in clause 5.5.1, We elect not to make the change to the Agreement in respect of Your Subscription for the remainder of the Subscription Period. In this event the change to the Agreement will only apply if and when Your Subscription is subsequently renewed.

6. Delivery & Refunds Policies

6.1 You are entitled to a refund of any amount paid to Us for a product, service or a Subscription purchased from Us using commun-iT Portal only:

6.1.1 if the refund must be paid by law. There is no need to show proof of purchase as we will have a record of Your payment;

6.1.2 if clause 5.5.3(a) applies.

6.2 You are entitled to a refund of the amount paid for any product or service purchased from a Third Party only in accordance with the agreement between You and the Third Party. We are not liable to provide any refund in respect of any product or service acquired from a Third Party, even if We have collected payment as agent for the Third Party.

7. Intellectual Property

7.1 We reserve all intellectual property rights in the commun-iT Portal. We reserve any intellectual property rights that may exist in the Directories and any search results that arise from the use of search and reporting facilities, including copyright in the work as a compilation.

7.2 Each Third Party Application Provider who uses the commun-iT Portal reserves any intellectual property rights that it has in the Third Party Application.

7.3 You are granted a limited right to:

7.3.1 use the commun-iT Portal for Your own internal business purposes; and

7.3.2 use the Directories, any data derived from the Directories or any search of the commun-iT Portal or any Directory, solely for the purpose of connecting with the Directory entrant for a business purpose,

provided always that nothing in this Agreement grants You any right to copy, adapt or use the data that is derived from any Directory or the commun-iT Portal for the purpose of bulk marketing, promotion or creating other directories or lists for any purpose, including for creating competitive directories, lists or services whether online or not.

7.4 You grant Us an irrevocable, non-exclusive, royalty-free, license to the use, copy, adapt and sub-licence of any personal information or other data (including any trademark, image, picture, video or audio posting) that is provided by You to Us for any purpose, provided that such use is permitted by the Privacy Policy.

7.5 If You provide us with any feedback or suggestions as to how to improve the service, we may use that feedback or suggestions without reference to you and without payment. Any intellectual property that is created as a result of such feedback or suggestions vests in Us or is hereby assigned to Us without charge.

7.6 Where You include a logo or trademark in a Directory entryor in any Third Party Application You grant Us an irrevocable, non-exclusive, royalty-free, license to the use, copy and sub-license that logo or trademark in association with the details in Your directory entry, whether those details are in our Directory or a third party’s directory. The logo or trademark may be re-sized (but remain with the same relative proportions) or be printed in black and white (but not other colours) in any such reproduction.

8. Liability and Indemnity

8.1 If We fail to comply with a statutory guarantee under sections 60 – 62 of the CCA, then to the extent permitted by law, Our liability for such a failure is limited to, at Our option:

8.1.1 supplying the services again; or

8.1.2 payment of the cost of having the services supplied again,

provided that it is fair and reasonable for Us to rely on this term of the agreement.

8.2 To the maximum extent permitted by law, We expressly exclude any warranty, guarantee or liability that results from:

8.2.1 incomplete, inaccurate or misleading information that has been supplied by You or any Third Party, including any entry in a Directory;

8.2.2 any breach of the Acceptable Use Policy by any person other than Us;

8.2.3 use of any Third Party Application;

8.2.4 any data or other information posted in a blog, Twitter or other social media, other than a post made by Us;

8.2.5 any information, product or service provided by, or acquired from, any person other than Us from commun-iT Portal;

8.2.6 any information, product or service provided by, or acquired from, any person other than Us as a result of visiting another website that is accessible via the commun-iT Portal;

8.2.7 the unavailability of any Third Party Application or service that is provided and/or hosted by a Third Party, even if that Third Party Application is normally available via commun-iT Portal.

8.3 You will indemnify Us for any loss, damage or expense suffered or incurred by Us that results directly or indirectly from:

8.3.1 a breach of the Acceptable Use Policy;

8.3.2 any posting made by You or on Your behalf on a blog, Twitter or any other social media on, or connected with, commun-iT Portal.

9. Privacy

We are committed to respecting Your privacy and to protecting it. Our Privacy Policy is located on the commun-iT Portal here and is incorporated into these Terms and Conditions. You should also review the Privacy Policy carefully.

10. Other Issues

10.1 We may issue a press release describing our relationship with you.

10.2 We agree that both of us may use electronic communications in connection with this Agreement. Any electronic communication shall have the same effect as if it was a hard copy document with the same information on it.

10.3 We may give any Notice via posting the information on the commun-iT Portal and/or emailing You using the email address provided by You as Your account administration contact in a Directory. It is Your responsibility to visit commun-iT Portal regularly to look for any Notices.

10.4 You may give us Notice using the Contact Us form on commun-iT Portal and heading the information with the words “Formal Notice Issued under the Terms and Conditions”.

10.5 Any Notice is deemed received:

10.5.1 if posted on commun-iT Portal; on the 10th business day after the date of posting;

10.5.2 if given by email, or using the Contact Us form on commun-iT Portal, on the business day following sending the email or sending the Contact Us form.

10.6 Either party may assign its obligations under this Agreement by giving Notice to the other.

10.7 All dates and times refer to dates and times in Sydney, New South Wales. This Agreement is subject to the laws and exclusive jurisdiction of the courts of New South Wales, Australia.

11. Complaints and feedback

11.1 If You wish to make a complaint or provide any comments regarding the service on the commun-iT Portal, these Terms & Conditions, or the service You have received from a Third Party Provider, You can do so through contacting us using the Contact Us form.