Terms and Conditions

1. About the Website

(a) Welcome to www.icpgroupaustralia.com.au (the 'Website'). The Website Security,

Technology & Property (the 'Services').

(b) The Website is operated by ICP Group Australia Pty Ltd(ABN 27608138507).

Access to and use of the Website, or any of its associated Products or Services, is

provided by ICP Group Australia Pty Ltd. Please read these terms and conditions

(the 'Terms') carefully. By using, browsing and/or reading the Website, this

signifies that you have read, understood and agree to be bound by the Terms. If

you do not agree with the Terms, you must cease usage of the Website, or any of

Services, immediately.

Terms by updating this page at its sole discretion. When ICP Group Australia Pty

Ltd updates the Terms, it will use reasonable endeavours to provide you with

notice of updates to the Terms. Any changes to the Terms take immediate effect

from the date of their publication. Before you continue, we recommend you keep a

copy of the Terms for your records.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by ICP Group Australia Pty Ltd in the user interface.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the

Website (the 'Account').

(b) As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

course of completing the registration process will always be accurate, correct and

up to date.

(d) Once you have completed the registration process, you will be a registered

member of the Website ('Member') and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with ICP Group Australia

Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify ICP Group

Australia Pty Ltd of any unauthorised use of your password or email

address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of ICP Group Australia

Pty Ltd providing the Services;

(v) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of ICP Group Australia Pty Ltd;

(vi) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Services. Appropriate legal action will be taken

by ICP Group Australia Pty Ltd for any illegal or unauthorised use of the

Website; and

(viii) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

5. Payment

(a) Where the option is given to you, you may make payment for the Services (the '

Services Fee') by way of:

(i) Electronic funds transfer ('EFT') into our nominated bank account

(ii) Credit Card Payment ('Credit Card')

(iii) PayPal ('PayPal')

(iv) Cash ('Cash')

(v) Cheque ('Cheque')

(vi) All Others

(b) All payments made in the course of your use of the Services are made using All

Financial Institutions. In using the Website, the Services or when making any

payment in relation to your use of the Services, you warrant that you have read,

understood and agree to be bound by the All Financial Institutions terms and

conditions which are available on their website.

Fee is returned or denied, for whatever reason, by your financial institution or is

unpaid by you for any other reason, then you are liable for any costs, including

banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that ICP Group Australia Pty Ltd can vary the

Services Fee at any time.

6. Refund Policy

ICP Group Australia Pty Ltd will only provide you with a refund of the Services Fee in the

event they are unable to continue to provide the Services or if the manager of ICP Group

Australia Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do

so under the circumstances (the 'Refund').

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of ICP Group Australia

Pty Ltd are subject to copyright. The material on the Website is protected by

otherwise indicated, all rights (including copyright) in the Services and compilation

of the Website (including but not limited to text, graphics, logos, button icons,

video images, audio clips, Website, code, scripts, design elements and interactive

features) or the Services are owned or controlled for these purposes, and are

reserved by ICP Group Australia Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or

licensed by ICP Group Australia Pty Ltd, who grants to you a worldwide, non-

exclusive, royalty-free, revocable license whilst you are a Member to:

ICP Group Australia Pty Ltd does not grant you any other rights whatsoever in

relation to the Website or the Services. All other rights are expressly reserved by

ICP Group Australia Pty Ltd.

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in

your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial

use.

Website and all related Services. Nothing you do on or in relation to the Website

will transfer any:

to you.

(i) business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design

or copyright (or an adaptation or modification of such a thing, system or

process),

(d) You may not, without the prior written permission of ICP Group Australia Pty Ltd

and the permission of any other relevant rights owners: broadcast, republish, up-

load to a third party, transmit, post, distribute, show or play in public, adapt or

change in any way the Services or third party Services for any purpose, unless

otherwise provided by these Terms. This prohibition does not extend to materials

on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

(a) ICP Group Australia Pty Ltd takes your privacy seriously and any information

provided through your use of the Website and/or Services are subject to ICP

Group Australia Pty Ltd's Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(ii) ICP Group Australia Pty Ltd will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Services or these Terms (including as a result

of not being able to use the Services or the late supply of the Services),

whether at common law, under contract, tort (including negligence), in

equity, pursuant to statute or otherwise.

and the Services is provided to you "as is" and "as available" without warranty or

condition of any kind. None of the affiliates, directors, officers, employees, agents,

contributors and licensors of ICP Group Australia Pty Ltd make any express or

implied representation or warranty about the Services or any products or Services

(including the products or Services of ICP Group Australia Pty Ltd) referred to on

the Website, includes (but is not restricted to) loss or damage you might suffer as

a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(ii) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of

the products of ICP Group Australia Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your

convenience.

10. Limitation of liability

(a) ICP Group Australia Pty Ltd's total liability arising out of or in connection with the

Services or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the resupply of

the Services to you.

(b) You expressly understand and agree that ICP Group Australia Pty Ltd, its affiliates,

employees, agents, contributors and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which may

be incurred by you, however caused and under any theory of liability. This shall

include, but is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible

loss.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by ICP Group

Australia Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to ICP Group Australia Pty Ltd via the

'Contact Us' link on our homepage.

(i) providing ICP Group Australia Pty Ltd with Mutually Agreed days' notice of

your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where ICP

Group Australia Pty Ltd has made this option available to you.

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) ICP Group Australia Pty Ltd is required to do so by law;

(iii) the provision of the Services to you by ICP Group Australia Pty Ltd is, in the

opinion of ICP Group Australia Pty Ltd, no longer commercially viable.

(d) Subject to local applicable laws, ICP Group Australia Pty Ltd reserves the right to

discontinue or cancel your membership at any time and may suspend or deny, in

its sole discretion, your access to all or any portion of the Website or the Services

without notice if you breach any provision of the Terms or any applicable law or if

your conduct impacts ICP Group Australia Pty Ltd's name or reputation or violates

the rights of those of another party.

12. Indemnity

(a) You agree to indemnify ICP Group Australia Pty Ltd, its affiliates, employees,

agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with Your Content;

(ii) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

13. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence

any Tribunal or Court proceedings in relation to the dispute, unless the following

clauses have been complied with (except where urgent interlocutory relief is

sought).

(b) Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(i) Within 30 Days days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which they

may mutually agree;

(ii) If for any reason whatsoever, 30 Days days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Disputes Centre or his or her

nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a

pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(iv) The mediation will be held in Perth, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and

in connection with this dispute resolution clause are confidential and to the extent

possible, must be treated as "without prejudice" negotiations for the purpose of

applicable laws of evidence.

(e) Termination of Mediation:

If 30 Days have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate the

mediation and the mediator must do so.

14. Venue and Jurisdiction

(a) The Services offered by ICP Group Australia Pty Ltd is intended to be viewed by

residents of Australia. In the event of any dispute arising out of or in relation to the

Website, you agree that the exclusive venue for resolving any dispute shall be in

the courts of Western Australia, Australia.

15. Governing Law

(a) The Terms are governed by the laws of Western Australia, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way

relating to the Terms and the rights created hereby shall be governed, interpreted

and construed by, under and pursuant to the laws of Western Australia, Australia,

without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be

binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds of

inequality or bargaining power or general grounds of restraint of trade.

17. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall

remain in force.