Website Terms and Conditions of Use
Set out below are the terms and conditions for the [mobile applications and] websites operated by Regional Industrial Services Exchange Pty. Ltd.. (ABN 80 617 242 869). By accessing, creating an account with or placing or accepting a request for services via our [mobile applications or] website, you agree to these terms and conditions. If you do not wish to agree to these terms and conditions, you must not access, create an account with, or place or accept a request for a services via or otherwise use our [mobile applications or] website.
1. About the Website
1.1. Welcome to www.rise-x.com [and to the rixe-x mobile application] (the 'Website'), a website which facilitates interactions between:
(a) Independent entities and or individuals looking for sellers of industrial products or services (the 'Receiver'); and
(b) Independent entities and or individuals selling industrial products or services (the 'Provider'),making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1.3. Regional Industrial Services Exchange reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Regional Industrial Services Exchange updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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.
1.4. When a Receiver engages a Provider via the Website, a contract is formed between the Provider and the Receiver. The Website acts only as a venue for Providers and Receivers to interact, and we do not become a party to the contractual relationship that is formed between a Receiver and a Provider. However, as set out below, we do collect payment on behalf of Providers and will mediate between Providers and Receivers in the event of any dispute arising between them.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Regional Industrial Services Exchange in the user interface.
3. Account Registration
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3.2. 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:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
3.3. You warrant that any information you give to Regional Industrial Services Exchange in the course of completing the registration process will always be accurate, correct and up to date.
3.4. 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.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Regional Industrial Services Exchange; or
(b) 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
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have 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;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Regional Industrial Services Exchange of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) 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 providing the Services;
(i) 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 Regional Industrial Services Exchange;
(j) 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 Websit;
(k) you agree not to engage in any activity that directly or indirectly interferes or upsets the operation of the Website or the Purchase Services (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others; and
(l) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Regional Industrial Services Exchange for any illegal or unauthorised use of the Website; and
(m) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. How do Receiver’s engage Providers?
5.1. Receivers who wish to obtain goods or services from a Provider must create a job request setting out their specific requirements, including but not limited to, product and/or service specifications, the location where this product and/or service is required to be delivered, the expected delivery date (start date) and the duration (if relevant).
5.2. Providers may respond to open requests placed by the Receiver via their member portal. When responding a Provider will specify their ability to meet the Receiver's requirements including, but not limited to, the cost of providing the good and or services as requested and their terms and conditions of supply.
6.1. Payment for goods or services supplied via the Website must be collected via the Website. Payment requests generated by the Website will also include our service fee, which is currently 2.5% of the Provider’s [GST exclusive] fees. For users located in Australia, GST will be automatically added to the payment request.
6.2. All payments made in the course of your use of the Services are made using SecurePay ('SecurePay'). By making payment, you warrant that you have read, understood and agree to be bound by the SecurePay terms and conditions which are available on their website.
6.3. We reserve the right to change our fees at any time.
7. Refund Policy
7.1. Since Regional Industrial Services Exchange provides a payment facilitation service only. Regional Industrial Services Exchange is therefore not liable for payments made to a Receiver and will not provide a refund for payments using its Services.
7.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Regional Industrial Services Exchange requires the Receiver to:
(n) contact the Provider directly to request a refund; and
(o) if contacting the Provider is not successful after fourteen (14) days, contact Regional Industrial Services Exchange through the 'Contact Us' section of the Website outlining your complaint so we are able to determine if the Provider should be removed from the Services.
7.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(a) complete the Regional Industrial Services Exchange refund request form (the 'Request Form') provided on the Website; and
(b) provide both the Request Form and the email from the Receiver requesting the refund to Regional Industrial Services Exchange.
7.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Regional Industrial Services Exchange to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Regional Industrial Services Exchange in processing the refund.
7.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in these Terms.
8. Copyright and Intellectual Property
8.1. The Website, the Services and all of the related products of Regional Industrial Services Exchange are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless 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 Regional Industrial Services Exchange or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Regional Industrial Services Exchange, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
8.3. Regional Industrial Services Exchange does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Regional Industrial Services Exchange.
8.4. Regional Industrial Services Exchange retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) 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), to you.
8.5. You may not, without the prior written permission of Regional Industrial Services Exchange 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.
8.6. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Regional Industrial Services Exchange a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9. App Specific Terms
9.1. This clause 9 applies to the App.
9.2. By downloading and/or using the App, you agree that you have entered into an agreement with us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.
9.3. By downloading the App from the App Store or from Google Play, Regional Industrial Services Exchange grants you a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.
9.4. The parties, namely You and Regional Industrial Services Exchange, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
9.5. In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
9.6. The parties acknowledge that Regional Industrial Services Exchange, and not Apple or Google, are responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
9.7. The parties acknowledge that Regional Industrial Services Exchange, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Regional Industrial Services Exchange, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
9.8. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
9.9. The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary of these Terms and Conditions.
9.10. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
9.11. For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Terms and Conditions.
10. Third party Websites
10.1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
10.2. Regional Industrial Services Exchange is not responsible for the content or privacy practices of Third Party Websites.
10.3. The Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Regional Industrial Services Exchange of the third party or the products or services provided by the third party or any affiliation between Regional Industrial Services Exchange and the third party.
10.4. You access Third Party Websites and/or use those Third Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.
11.1. Cookies are small pieces of information that Your browser stores on Your computer hard drive.
11.3. If You disable cookies on Your web browser, You may not be able to fully experience all features of the Website.
13. General Disclaimer
13.1. 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.
13.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Regional Industrial Services Exchange we 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.
13.3. Use of the Website and the Services is at your own risk. Everything on the Website 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 Regional Industrial Services Exchange make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Regional Industrial Services Exchange) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Regional Industrial Services Exchange; and
(d) the Services or operation in respect to links which are provided for your convenience.
13.4. You acknowledge that Regional Industrial Services Exchange Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Regional Industrial Services Exchange holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
14. Limitation of Liability
14.1. Regional Industrial Services Exchange'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.
14.2. You expressly understand and agree that Regional Industrial Services Exchange, 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.
14.3. You acknowledge and agree that Regional Industrial Services Exchange holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of the online or off-line conduct of a Member or of You providing Your Content to the Website.
15. Termination of Contract
15.1. If you want to terminate the Terms, you may do so by notifying Regional Industrial Services Exchange of your intention to terminate by sending notice of your intention to terminate to Regional Industrial Services Exchange via the 'Contact Us' link on our homepage.
15.2. Regional Industrial Services Exchange may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Regional Industrial Services Exchange is required to do so by law;
(c) Regional Industrial Services Exchange is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Regional Industrial Services Exchange is, in the opinion of Regional Industrial Services Exchange, no longer commercially viable.
15.3. Subject to local applicable laws, Regional Industrial Services Exchange 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 Regional Industrial Services Exchange's name or reputation or violates the rights of those of another party.
15.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Regional Industrial Services Exchange have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Regional Industrial Services Exchange, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
17. Dispute Resolution
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).
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:
(a) Within 60 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;
(b) If for any reason whatsoever, 30 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 or his or her nominee;
(c) 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;
(d) The mediation will be held in Western Australia, Australia.
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.
17.5. Termination of Mediation:
If 1 Month 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.
18. Venue and Jurisdiction
The Services offered by Regional Industrial Services Exchange 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.
19. Governing Law
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.
20. Independent Legal Advice
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.
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.