Definitions All defined terms in this Agreement have the meaning assigned to them by the Definitions set out herein:
ACN means Australian Company Number, as defined by the Corporations Act 2001 (Cth).
ABN means Australian Business Number, as defined by A New Tax System (Australian Business Number) Act 1999 (Cth).
Client means an entity or person acting in their own capacity or on behalf of and with the authority of an account holder of the Chris website, requesting Services. If an Client is requesting Services on behalf of their business, employer, or other organisation, then the Client is taken to have been duly authorised to act on behalf of their employer or that entity, and this Agreement will be binding on that person or entity as well.
Contractor means any person or entity proposing to complete the Services upon instruction of the Client.
Contract of Service means the agreement between the Parties for the Provision of Services referred to in Clause 7 of this Agreement, but shall also include any agreement between the Parties for the provision of the Services which has come into being as a result of use of the Chris Website.
Confidential Information means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, User information (including Personal Information), and pricing details.
Cookies means small files which are stored on a user’s computer. They are designed to hold a data (including Personal Information) specific to a particular User and website and can be accessed either by the web server or the User’s computer.
Default means that a party is in breach of these Terms and Conditions.
Parties means any Contractor or End User.
Personal Information means information that could be used to identify a person, including but not limited to name, address, date of birth, occupation, driver’s license details, electronic contact details (such as email, Facebook, LinkedIn or Twitter details), and other contact information (where applicable), and Cookies. For the avoidance of doubt, an ABN or ACN is not Personal Information, but may be Confidential Information.
Profile Information means some Personal Information which will be provided by a User in setting up an account on the Chris Website, but will not include Confidential Information, or information, including but not limited to, the User’s date of birth, driver’s license details, alternative contact details, financial account details, etc.
Services means the work completed by a Contractor at the request of a Client including but not limited to a project, assignment, job, task, work, or requirement for some other kind of service, and includes any Variations.
User means any user of the Chris Website, which may include the Contractor, Client, or any other person.
Variations means any variations to the Services agreed to between the Parties, in accordance with the Contract of Service.
Website means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.
Where information is supplied to any third parties, the information provided will only be sufficient for the third party to perform their services.
These cookies do not read a User’s hard drive but may be stored on a User’s hard drive to enable Chris’s Website to recognise a User when they access it.
If at any time a User is on a mailing list of Chris, then the User may request to be removed from the same and Chris will comply with their request. If there is no unsubscribe button provided, then please contact us with your request using the “Contact Us” section of this Website. The contents of this Website are at all times the copyright or trademark property of Chris, or Chris’s affiliated third parties, and Users may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Chris or their affiliated third parties (each as applicable). Users agree to indemnify Chris against any claims, costs, damages or losses incurred by Chris should they breach this clause. The display on Chris’s Website of any advertiser or the provision of a link to third party Websites does not constitute Chris’s endorsement of either the advertiser or third-party provider or any of their Website content or business practices. Chris does not have any control of the content of any third party Websites, access to such Websites is at a User’s sole risk, and Chris recommends that Users thoroughly review the terms and conditions of use and the privacy policies of any third party Website immediately once they access such a Website. Specifications and information provided on this Website are given in good faith based on Chris’s knowledge, experience, or information provided to Chris, or derived from sources believed to be accurate at the time the information is received by Chris. Users with concerns about the Services provided through this Website, or their suitability for a particular use may contact Chris, or should seek further professional opinions. Due to the inherent nature of Websites, Chris does not guarantee uninterrupted or continuous availability of this Website, and Users accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able, Chris shall give Users advanced warning of the same. Chris shall accept no liability in relation to Website downtime, whether scheduled or otherwise. These terms, and a User’s access to the Website, may be terminated by Chris (at Chris’s sole discretion) at any time without notice or any requirement to give an explanation to a User. In the event of termination under this clause, Chris shall have no liability whatsoever (including for any consequential or direct loss a User may suffer). This Website (excluding any linked third-party sites) is controlled by Chris from their principal business premises in Australia. Chris’s servers are located in Queensland, so User’s information may be transferred to, stored, or processed in Queensland. User’s information can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, the User agrees that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or their use of this Website, irrespective of any conflict with any laws and statutes applicable to their country of domicile. Chris may use cloud technology to store or process Personal Information and Confidential Information, which may result in storage of data outside Australia. It is not practicable for Chris to specify in advance which country will have jurisdiction over this type of offshore activity. Chris will be required to comply with the Privacy Act in relation to the transfer or storage of Personal Information or Confidential Information overseas. Users acknowledge and agree that the filing of a claim against Chris (if any) must be made in the State of Queensland in the Court jurisdiction in which Chris’s principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English. Accessing any material or content from or through this Website which is illegal in a User’s country of domicile is strictly prohibited. The User further agrees that: 17.1.The failure by either contracting party to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 17.2.If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 17.3.Chris shall be under no liability whatsoever to Users for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by Users arising out of a Default by Chris of this Agreement. 17.4.Feedback is provided for the purpose of facilitating the provision of services between Users on the Chris Website. Users that use this feature agree that: feedback provided by Users on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. Chris may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate without notice; Users may only give feedback that relates to a specific transaction. Users must not post feedback on a transaction that does not relate to that specific transaction; and Users must not post feedback about themselves, or include any contact details or Personal Information or Confidential Information in their feedback. Neither party shall be liable for any Default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party. If a User has any questions or comments, or if they have a concern about the way in which Chris has handled any privacy matter, they may contact Chris by using the ‘Contact Us’ details on the Chris website.