SECURE CLIENT PORTAL TERMS AND CONDITIONS
These Terms and Conditions of Use (terms and conditions) relate to the use of ASC Migration’s electronic secure client portal (the portal). The portal is made available to clients of ASC Migration (referred to below as we, our or us) through the ASC Migration website.
Access to the portal is given to clients under registration and approval of ASC Migration only. Use of the portal automatically indicates your acceptance of these terms and conditions. The portal forms part of ASC Migration’s website and by accessing the portal you agree to be bound by any terms and conditions of our website that may be current at the time of access, including the contents of our Privacy Statement.
ASC Migration may amend these terms and conditions at its discretion and without notice by posting any amended terms and conditions on our website. The current terms and conditions will be available on our website at all times. By continuing to use the client portal you accept and agree to be bound by the current terms and conditions.
ASC Migration will provide you with a user name and you will nominate a password to be used to access the portal. Only authorised users who are clients of ASC Migration (including any of its subsidiary and related entities) may access and use the portal. However, we may approve registration and access to the portal for individuals who are not clients of ASC Migration at our discretion.
These terms and conditions apply to accessing the portal for any reason. By accessing the portal you are indicating your acceptance of these terms and conditions.
WHAT YOU CAN DO
The portal will be used for communication with you as our client. As an authorised user of the portal you may access, view, use and download documents and files relevant to the services provided to you at any given time. You may receive a notification by email when we add a document or file to the portal.
Authorised users are also permitted to upload documents and files onto your personal portal for perusal, download and use by ASC Migration in our provision of services to you. We will receive a notification when you add a document or file to the portal.
YOUR OBLIGATIONS AND RISKS
You are responsible for all costs and charges associated with your accessing the portal including, but not limited to, internet and telephone costs and charges.
You must only access the portal for legitimate and lawful purposes and in accordance with directions or instructions posted on our website from time to time. You agree not to upload any documents, images or files that might be considered offensive, discriminatory or unlawful.
You must keep your username and password details confidential and secure against unauthorised use at all times. ASC Migration will not be held responsible for access to your confidential personal and financial information by an unauthorised third party to whom you have given your username and password details. You are responsible for any expense, loss, damage, costs, demands or liabilities arising out of or in connection with the use (including improper or unauthorised use) of your username and password details. If you suspect that your username and password has been lost, stolen or misused, please notify us immediately.
There is a risk that you may not be able to access your information through the portal at any given time. The portal is reliant on computer and telecommunications systems provided by third parties and disruptions to those systems may result in the portal being unavailable from time to time. We will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties and malfunctions in equipment or software.
Should you not comply with these terms and conditions, or otherwise misuse the Client Portal, or should ASC Migration's service to the you for whatever reason be suspended or discontinued, then the right of access to the Client Portal shall cease and ASC Migration has the right to terminate this agreement with no further need for proof of default and with immediate effect and to deny you access to the Client Portal with immediate effect.
You authorise ASC Migration to act on any instructions you provide using the Client Portal. However, we may choose not to act in accordance with your instructions where we reasonably believe those instructions are unlawful, contain fraudulent or bogus material or information, or may result in illegal consequences or pose a risk to our systems. Further, we may immediately refuse to process or complete any transaction or dealing of yours, suspend the provision of a product or service, or terminate your access to the Client Portal. We will be under no liability to you if we do any or all of these things.
We will act on any instructions, information or documentation received from you through the portal as quickly as possible. Once instructions, documents and/or information are received through the Client Portal, we will not contact you to check that the information and instructions are correct, or to confirm that we are to proceed to give effect to your instructions.
If you add any incorrect information or documentation to the Client Portal, you must notify us as soon as you become aware that the information is incorrect. If we act on your instructions or make use of documentation or information that is incorrect, fraudulent or bogus (whether deliberate or not), we will not be liable to you or to any third party for any loss or damage caused by us acting in accordance with your instructions or by making use of the documents or information. Further, we will not analyse your instructions to determine whether they are correct. As soon as the instructions, documents and/or information is added to the Client Portal by you, we are entitled to and will assume that it is correct.
WARRANTY AND AGREEMENTBy uploading documents, information or files to the portal, you warrant that:
- the information and documents you have supplied to us is accurate, complete and not misleading, deceptive, fraudulent or bogus; and
- you have read these terms and conditions and fully understand their nature and effect.
By accessing or using the Client Portal you agree:
- to advise us if you change your email address or if you are unable to access emails;
- to check your email at least weekly;
- to ensure that your email mailbox can receive email notifications;
- to at all times indemnify ASC Migration and its employees, contractors, third party service providers, the provider of the Client Portal (Migration Manager Pty Ltd) from claims by third parties which are in any way connected with the services provided by and/or with the information made available via the Client Portal, including personal user information made provided by the Client.
- that we provide the portal through the internet on an “as-is” basis. Your use of the Client Portal is at your own risk.
that we accept no responsibility for the following:
- Indirect or consequential loss;
- Losses related to data transmission;
- Loss of profits, missed opportunity savings and damage resulting from business interruption;
- Losses caused by loss or corruption of data;
- Losses caused by unauthorised access to the Client Portal;
- Losses resulting from insufficient speed and/or availability of the internet;
- Losses (for instance fines or interest) arising from late provision of information or documentation necessary for the preparation of an application or proceeding;
- Losses arising from the provision of inaccurate or incomplete information necessary for the preparation of an application or proceeding;
- Losses arising from data lost as a result of using the Client Portal.
- that we do not accept any responsibility or liability for any expenses, loss, damage, costs, demands or liabilities howsoever caused arising out of or in connection the actions of hackers or the effects of viruses, worms or any other forms of corruptive code. We do not warrant, guarantee or make any representations as to the reliability, accuracy or completeness of the data or information provided to you through the secure client portal.
- that we do not warrant, guarantee or make any representations that your access to the secure client portal will be uninterrupted or free of error.
- that we do not warrant, guarantee or make any representations that data, information or files on the secure client portal will be secure from hackers, or free of viruses, worms or any other form of corruptive code.
- we may restrict, suspend, alter or terminate your access to the Client Portal at any time without cause and without notice to you;
- that you authorise us to store your documents, data and information with third party cloud storage providers, including the provider of this Client Portal service (Migration Manager Pty Ltd). You further understand, acknowledge and agree that these data storage providers may be based in locations outside of Australia.
SEVERABILITY & JURISDICTION
If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, that provision shall be deemed to be severable and shall not affect the validity of the remaining terms and conditions. These terms and conditions should be read in conjunction with the Privacy Statement located on the website.
These provisions are governed by the laws of the Commonwealth of Australia, and any and all disputes between the parties relating to these provisions will be referred to a competent Australian court.