These terms and conditions were last updated on 1 November 2024.

In these terms and conditions, “we”, “us” and “our” means Lacima Group Pty Limited (ABN 54 097 353 994). Please read these terms and conditions carefully as they apply to your use of our web-based system for support request management, education and learning resources, software documentation and user guides (the “Lacima Help Centre”). By registering for or using the Lacima Help Centre you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by notifying you accordingly to the email address maintained with us for your registration.

1. Lacima Help Centre Access

(a) The Lacima Help Centre is a registration-only web-based support service, that is only intended for access by authorised employees and contractors engaged on an individual basis of customers under a Licence and Support Agreement (a “Registered Help Centre User”). You must not attempt to access or use the Lacima Help Centre unless you are a Registered Help Centre User. We reserve the right to reject any Lacima Help Centre registration request where we have reasonable grounds to do so.

(b) Access to the Lacima Help Centre is provided under the agreement we have with the business that you are an employee or contractor of (your “Company”) for the licensing and support of our software (the “Licence and Support Agreement”). The Licence and Support Agreement continues to govern our obligations and liability to your Company.

2. Use of the Lacima Help Centre

(a) You may only use the Lacima Help Centre for the internal business purposes of your Company.

(b) You:

(i) must provide us with accurate, complete and updated registration information, including updating your registration information if it changes;

(ii) must safeguard any login credentials which we provide to you, and not disclose them to any other person;

(iii) must immediately notify us if you suspect or become aware of any unauthorised disclosure or use of your login credentials; and

(iv) authorise us to assume that any person using the Lacima Help Centre with your login credentials is you, unless you have notified us under paragraph (iii) and we have been given a reasonable period of time to cancel and re-issue your login credentials, or improper use of your login credential is due to our negligence.

(c) We may freely use any feedback regarding our software, including suggestions or requests for fixes or new features or functionality for our software, that you provide to us.

(d) You must not use the Lacima Help Centre in a manner that causes any civil or criminal liability for us, such as by posting defamatory or unlawful materials.

(e) We may revoke your login credentials upon request by your Company, if the Licence and Support Agreement ends for any reason, or if you breach these terms and conditions and do not remedy that breach within 7 days of being informed of the breach. In addition, we may suspend your login credentials for so long as you are breaching these terms and conditions.

3. Licence to use the content on the Lacima Help Centre

(a) You acknowledge that the Lacima Help Centre is subject to copyright and possibly other intellectual property rights.

(b) We (or our licensors) retain all right, title, and interest in and to the Lacima Help Centre, and nothing you do on or in relation to the Lacima Help Centre will transfer any intellectual property rights to you.

(c) You may only use the resources, documentation, users guides and other material available through the Lacima Help Centre for the internal business purposes of your Company, and solely in connection with your permitted use of Lacima’s software. All such materials must be held in confidence in accordance with the provisions of the Licence and Support Agreement.

(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Lacima Help Centre or any material available through the Lacima Help Centre in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

(e) Nothing in the materials available through the Lacima Help Centre is intended to constitute financial, accounting, professional or other advice about the way in which the business of the Company ought to be conducted. You should consult with your own advisers regarding any such matters. Any examples provided in the Lacima Help Centre are illustrative only.

4. Variation and cancellation

We may, in our sole discretion and at any time, vary, modify or discontinue, temporarily or permanently, any or all of the Lacima Help Centre.

5. Links and advertisements

We have not reviewed all of the sites linked to the Lacima Help Centre and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Lacima Help Centre. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

6. Privacy

In using the Help Centre, you may give us personal information. By using the Lacima Help Centre, you consent to us collecting, storing, using and disclosing your personal information in accordance with our privacy policy – www.lacimagroup.com/privacy-policy

7. Limitation of liability

(a) To the maximum extent permitted by law all express or implied guarantees, warranties, representations and other terms and conditions of any kind relating to this Lacima Help Centre, or its subject matter not contained in these terms and conditions are expressly excluded. In particular:

(i) while we endeavour to provide a convenient and functional Lacima Help Centre, we do not guarantee that that your requirements will be met or that your use of the Help Centre will be uninterrupted, error free or that the Lacima Help Centre or the server that operates the Lacima Help Centre is free of viruses or other harmful components; and

(ii) while we attempt to keep information on the Lacima Help Centre current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Lacima Help Centre.

(b) Nothing in these terms and conditions excludes, restricts or modifies any right or remedy for representations or other communications (either oral or in writing) made by us in connection with the Lacima Help Centre, or any guarantee, warranty or other term or condition implied or imposed by any legislation, which cannot lawfully be excluded or limited.

(c) If any guarantee, warranty, term or condition is implied or imposed in relation to these terms and conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

(i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and

(ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.

(d) Subject to paragraph (b), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter), whether in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100.

8. General

(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

(c) Subject to clause 7(b), these terms and conditions and the Licence and Support Agreement constitute the entire agreement between us and you in relation to the Lacima Help Centre and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Lacima Help Centre.

(d) Your use of the Lacima Help Centre is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Lacima Help Centre, including sending you electronic notices.

(e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.

(f) The term “including” when used in these terms and conditions is not a term of limitation.