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Account Management acceptance agreement. To request access to Wholesalenet’s Account Management Facility, you must agree to the following terms and conditions and click on the “I Accept” button below. Terms and Conditions 1.0 General 1.1 These terms and conditions are to prevail, to the extent of any inconsistency, over the Disclaimer/Copyright (Terms and Conditions) found on the Wholesalenet website. 1.2 Wholesalenet agrees to supply and the buyer/seller agrees to access and use this online account management facility according to the following terms and conditions: 2.0 Security 2.1 Wholesalenet takes reasonable steps to ensure the security of the buyer’s/seller’s personal and/or data information, from such risks as unauthorised access, loss or misuse. Wholesalenet utilises "state–of–the–art" technology and systems to prevent unauthorised access to the information it holds. Its IT systems are password restricted and comply with relevant security standards. 2.2 All information transmitted to the Wholesalenet website is stored securely (to the extent possible using existing technology) in Wholesalenet’s database and/or servers and Wholesalenet, backs up all information stored daily. 2.3 The buyer’s/seller’s security is protected through the use of a User ID and a secure site Log On password. A second User ID and password is used each time the buyer/seller enters the account facility. When accessing or initiating transactions over the Internet, all communications with Wholesalenet are secured through user authentication and 128-bit enabled data encryption. 3.0 Support 3.1 For security reasons, requests for support to Wholesalenet’s account management section from the buyer/seller must be made exclusively through the on-line help request form available from the opening page of the facility’s account management section. This form will be used by Wholesalenet to authenticate the source of the request and acts, without express provision to the contrary by the buyer/seller, as authorisation for Wholesalenet to access the account records as specified on the form. 4.0 Buyer/Seller Obligations 4.1 The buyer/seller agrees that this online facility does not replace its own systems of account management. The buyer/seller remains responsible for all account keeping obligations including but not limited to maintenance of its own account records or data offline. 4.2 The buyer/seller is responsible for protection of any such data and must backup all such data on a regular basis. 4.3 The buyer/seller must take every precaution to keep its User ID and password secret and not to disclose it to a third party. 4.4 The buyer/seller must not, and must not allow any person to, remove, relocate, modify, damage, destroy or interfere with any settings or parameters on or forming part of the facility. 4.5 The buyer/seller must not use nor permit any other party to use the facility: (a)
to access, send mail or publish material that is defamatory, obscene,
offensive, abusive, pornographic, menacing, or impermissible under any code or
law at any place where transmissions are sent from or viewed;
(b) in
connection with the breach of any law;
(c)
to harass,
threaten or cause a nuisance to anyone;
(d) to
commit a crime or in the process of committing a crime;
(e) to
distribute computer viruses; (f)
in connection with infringement of the intellectual property or other
rights of any person including (without limitation) the distribution of
unlicensed products; (g)
to perform or permit mass distribution of advertising material, except to
people who have consented to the receipt of that material; (h)
to interfere with, damage, disrupt or unlawfully use or gain access to
any service, equipment or computer network; (i)
to do anything that may jeopardize the security or integrity of any part
of the Wholesalenet network;
(j)
to engage in any activities in such a manner as to expose Wholesalenet to
a liability; (k) to interfere with the use by other
buyers/sellers of the facility. 5.0 Warranty and Limitation of Liability 5.1 Use of any information obtained by way of this facility is at the buyer’s/seller’s own risk, and Wholesalenet holds no liability for such use. 5.2 Wholesalenet makes no warranties of any kind, express, implied or statutory, concerning data, information or other content available through this facility. The buyer/seller is solely responsible for all data accessed as a result of using this facility. 5.3 Wholesalenet shall not be liable for the corruption, loss or erasure of any data stored or conveyed by the buyer/seller, including any order, product and/or pricing information. 5.4 Wholesalenet is not responsible for any damages arising from the buyer’s/seller’s use of this online facility or by the buyer’s/seller’s inability to use this online facility for any reason. 5.5 The buyer/seller is required to provide correct and up to date details as requested on the facility. Wholesalenet takes no responsibility for incorrect or false information supplied by the buyer/seller on the facility. 6.0 Release and Indemnity 6.1 The buyer/seller agrees to release, indemnify and hold Wholesalenet (including its directors, employees, contractors, agents) and its associated companies (including their respective directors, employees, contractors, and agents) harmless from and against all actions, claims and demands which may be instituted against Wholesalenet arising out of or in connection with: (a)
a claim for patent, trademark, copyright or intellectual property right
infringement being made against Wholesalenet by a third party in connection with
the buyer’s/seller’s use of the facility;
(b)
a claim for an alleged infringement of any law made against Wholesalenet
by a third party in connection with the buyer’s/seller’s use of the
facility; (c)
the use of the facility by a person using the buyer’s/seller’s User
ID and/or password
with, or without, the buyer/seller’s authority; (d)
any breach by the buyer/seller of its warranties or its other obligations
in this agreement and; (e) any negligent or wilful act of the buyer/seller or any of its officers, employees, contractors or agents which would have been a breach of this agreement if performed by the buyer/seller using its User
ID and/or password. 7.0 Amendments 7.1 Wholesalenet reserves the right to modify these terms and conditions in any way and as required. Notice of such changes will be delivered to the buyer/seller via postings on Wholesalenet’s web site only. Continued usage of the online account facility indicates the buyer’s/seller’s acceptance of the terms and conditions in their amended form. 8.0 Termination and Suspension 8.1 The seller may cancel the online account management facility upon the condition that requests for cancellation must be made in writing with thirty (30) days prior notice and sent to Wholesalenet either via postal mail to 280A Princes Hwy, Rockdale N.S.W 2216 or, via email to wsnsupport@giagroup.com. Cancellation will not take effect until such notice is received. 8.2 Satisfaction guarantee: The seller may terminate the online account facility within the first thirty (30) days from activation of the account and receive a full refund. 8.3 Refunds will only be granted if cancellation occurs within the first ninety (90) days of service provision. Only the unused pro-rata time portion of the annual payment that has been made will be refunded in this instance. If cancellation occurs after the first ninety (90) days of service provision, no refunds will be granted. 8.4 Wholesalenet may in its absolute discretion suspend the buyer’s/seller’s access to this online facility if it is of the opinion that the buyer/seller has breached any of its obligations under this agreement. This suspension will not constitute a breach by Wholesalenet of this agreement and Wholesalenet will not be liable to the buyer/seller for any loss or damage occasioned by this suspension. 8.5 Wholesalenet may also suspend access to this facility to undertake planned or unplanned maintenance of the facility. For planned maintenance, Wholesalenet will undertake to provide reasonable notice to the buyer/seller of this event. For unplanned maintenance Wholesalenet will undertake to provide as much notice as possible, given the circumstances. 8.6 Wholesalenet may immediately suspend, terminate or disconnect access to the facility or any part of the facility without notice and without liability to the buyer/seller or any other person: (a)
at the direction of any authorized entity, including (without limitation) a law enforcement, government, semi-government, statutory or administrative body; or
(b)
if the buyer/seller acts in a manner that in Wholesalenet’s absolute discretion may have the effect of placing the operation or integrity of the facility at risk; or (c)
to protect Wholesalenet or any other entity from actual, threatened or potential legal liability. 9.0 Applicable Law 9.1 These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of New South Wales. 10.0 Agreement 10.1 The buyer/seller agrees that by clicking on the “I Accept” button below, it has read and understood and agrees to abide by the abovementioned terms and conditions with respect to Wholesalenet’s online account management facility. 10.2 A request form for establishing a new account will become available after clicking on the “I Accept” button. Cost is determand by the number of buyer accounts you use.
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