Centro ASSIST means Holocentric PTY. LTD. (ABN 73 052 972 095) trading as Centro ASSIST.
These terms and conditions will determine how we provide the Centro ASSIST Service to you, and your responsibilities in using the Centro ASSIST Service.
Providing a valuable, accurate Service to you is our main priority, so if you have any questions or concerns, please contact us on firstname.lastname@example.org
1. Access to the Service
1.1 You will have access to the Service within one (1) Business Day of the subscription being purchased through the Centro Subscription Portal.
1.2 We will send your sign-in details to your registered email address.
1.3 After the expiry of the Initial Term your subscription will revert to a month-to-month subscription or yearly subscription (depending on your Service) and we will continue to provide the Service to you until the Service is cancelled by you in accordance with the Agreement.
1.4 You must ensure that any person you allow to use or access the Service complies with the Agreement as if they were a party to the Agreement.
2. Using the Service
2.1 The Service is only available online. It is your responsibility to obtain and maintain reliable access to the internet for this purpose.
2.2 It remains your responsibility to adhere to the laws, rules and regulations that govern disability service providers. We take no responsibility for the actions undertaken by you or your Personnel whether guided by our Information and/or any Third Party Material or not.
3. Your Rights
3.1 We will comply with the Australian Consumer Law and provide the Service to you with reasonable due care and skill. In the event of unexpected faults, downtime or errors we will use reasonable endeavours to restore or repair the Service within a reasonable time.
3.2 In using our Service, you are entitled to all the guarantees provided to you under the Australian Consumer Law.
5. Third Party Material Disclaimer
5.1 The Information and/or Third Party Material presented in the Web App is obtained from official government publications and other credible sources. In the event of any inaccuracies of which we become aware, we will endeavour to rectify same within a reasonable time.
5.2 We are not the owners or creators of any Third Party Material and take no responsibility and are not liable for the accuracy or completeness of same.
6. Fees and charges
6.1 You must pay the fees and charges for the Service. These are set out in the Agreement or in any applicable Special Offer.
6.2 You must pay the fees and charges for the Service even if the Service is unavailable or if you are unable to access the Service for a period of time. You may be entitled to a credit on your account if the Service is unable to be accessed for a substantial time, as determined in our sole discretion.
7.1 We will charge you on a recurring basis (in advance) with your payment details you have provided to us. Tax invoices will be sent to your email address and are also available through the Centro ASSIST Subscription Portal.
7.2 Monthly and yearly service charges will be debited on the same day of the month to which the Service was activated on.
7.3 If you do not pay the tax invoice by the date the payment is due or if your payment is declined, we may:
a. Charge you a late fee which remains payable until all outstanding amounts are paid;
b. Suspend or cancel the Service. If we suspend or cancel the Service, we may charge you a suspension fee, cancellation fee and/or reconnection or reactivation fee as set out in the Agreement.
7.4 If you have overpaid as a result of our invoicing error, your account will be credited with the amount overpaid or we will use reasonable endeavours to notify you and refund the over payment.
8.1 We will give you notice in writing of any substantial changes to this Agreement by delivering notice of the change to your email address.
8.2 You are responsible for ensuring that you and your Personnel are familiar with the latest terms and conditions.
9. Fault reporting and rectification
9.1 We may occasionally need to conduct maintenance or Updates to the Service. We will endeavour to conduct maintenance and Updates outside Normal Business Hours.
9.2 We provide a 24-hour fault reporting service for you to report faults via email at email@example.com. Before the reporting a fault to us, you must take all reasonable steps to ensure that the fault is not caused by any equipment, hardware or other software owned and/or operated by you.
10.1 You may cancel the Service at any time by:
a. Giving us thirty (30) days’ notice in writing (including if you wish to cancel the Service after the expiry of the Minimum Term);
b. If an Update has a substantially detrimental impact (as determined in our sole discretion) to access to or the quality of the Service, by informing us in writing without penalty;
c. Giving us written notice, if we breach a material term of the Agreement and we either:
i Cannot remedy that breach; or
ii Fail to remedy that breach within thirty (30) days after you give us notice requiring us to do so.
10.2 We may cancel the Service at any time, without cause, by giving you at least thirty (30) days’ written notice.
10.3 We may cancel the Service at any time including prior to the Service Start Date, without liability, if:
a. We reasonably suspect fraud or other illegal activity by you, your Personnel or any other person in connection with the Service;
b. We are required to do so to comply with an order, instruction, request or notice of a regulator, an emergency services organisation, any other competent authority or by authorisation of or under law;
c. You suffer an insolvency event and we reasonably believe we are unlikely to receive payment for the Service;
d. Your Service is suspended for more than fourteen (14) days, unless otherwise set out in the Agreement;
e. If we reasonably determine that it is not technically or operationally feasible or commercially viable to supply the Service to you.
10.4 We may cancel the Service as soon as we give you notice, unless as otherwise set out in the Agreement.
10.5 If the Service is cancelled:
a. You are liable for any charges incurred up to, and including, the cancellation date;
b. You authorise us to apply any over payment on your account and/or money that you have paid in advance for the Service which is being cancelled to pay for any undisputed outstanding charges;
c. If you pay for the Service by direct debit payment, you authorise us to debit any undisputed amount outstanding;
d. If your account is in credit, we will contact you to arrange for a refund to your nominated account.
10.6 No cancellation fee is payable by you if the Agreement is cancelled in accordance with these terms and conditions after the expiry of the Minimum Term.
11.1 We may suspend the Service with immediate effect at any time without liability if we become aware of unauthorised usage of the Service by you and/or your Personnel.
11.2 We may suspend the Service if any amount owing to us is not paid within seven (7) days of us sending you written notice.
12. Assignment and transfer
12.1 We may assign some or all of our rights and obligations under the Agreement without your consent or notice to you.
We may refuse your request for access or provision of the Service at our sole discretion.
14. Complaints and disputes
14.1 If you have any complaints in connection with the Service or the Web App, you may complain in writing by email to firstname.lastname@example.org
14.2 We will use our best endeavours to resolve all complaints, however if we are not able to resolve a complaint to your satisfaction, you may take any other action as available to you at law.
15. Liability and Indemnity
15.1 We will not be liable for any:
a. Damage to, loss or theft of, or corruption of your data;
b. Loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful, negligent act or omission or you or your Personnel;
c. Negligent act or omission by us or our Personnel;
d. Loss of profits, revenue, anticipated savings, business, opportunity, contract or goodwill, or any consequential, indirect or special loss, damage or injury of any kind suffered or incurred by you or your Personnel arising directly or indirectly from your access to and use of the Service and/or the Web App; your access, reliance or dependency upon Information and/or Third Party Material; the performance or non-performance of our obligations under the Agreement (including, but not limited to, a failure to meet any service level agreed to for the purposes of the Agreement), any breach of our obligations under or in connection with the Agreement or from any negligence, misrepresentation or other act or omission on our part; and/or
e. Any Updates or change we may make to the Services and/or the Web App from time to time.
15.2 Notwithstanding anything else in the Agreement, our total liability to you in respect of all claims arising in connection with this agreement or the services we provide, shall not exceed the aggregate of the fees paid by you to us in the twelve (12) months prior to the date of your claim.
15.3 We will not be liable to you in respect of any matter whatsoever unless we receive notice in writing of any claim for Loss within five (5) Business Days of the occurrence of the event or default in respect of which your claim arises.
15.4 You indemnify us and must keep us and our Personnel indemnified against all claims, suits, actions, demands, Loss (including consequential, special, punitive, indirect or economic loss or damage, loss of profits or opportunity), liability, costs, expenses (including legal expenses on a full indemnity basis and any debt recovery agency fees), judgments and awards made against us or incurred by us to the extent that such is caused (directly or indirectly) by your breach of the Agreement or any negligent act or omission or breach of any law, by you or any of your Personnel.
16.1 The Agreement is governed by the laws of New South Wales and is subject to exclusive jurisdiction of the courts of New South Wales, and courts of appeal from them.
16.2 Notices under the Agreement or in accordance with these terms and conditions must be delivered by email to the email address of the party.
16.3 No right under the Agreement will be deemed to be waived except by notice in writing signed by each party.
16.4 The clauses of the Agreement which are capable of having effect after the expiration of the Agreement or termination will remain in full force and effect following the expiration of the Term or termination.
16.5 We own all Information (including Intellectual Property Rights) developed by us or our Personnel forming part of the Service and Web App.
16.6 We may permit you to use our Information (including Intellectual Property Rights) as part of the Service. This permission is subject to any conditions which we may impose from time to time and will terminate when the Service is cancelled.
16.7 Information provided by us as part of the Service may not be retransmitted, reproduced, or otherwise distributed or used in any form without our express written consent.
16.8 In the event of any inconsistency between a provision in these terms and conditions and another part of the Agreement, then unless otherwise stated, these terms and conditions prevail to the extent of the inconsistency.
In these terms and conditions, the following words have the meaning set out below:
Agreement means the agreement between you and us for provision of the Service of which these terms and conditions form part.
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and related legislation (as amended).
Business Day means a day in Sydney, NSW other than a Saturday, Sunday or public holiday.
Centro Subscription Portal means the online portal you use to subscribe and pay for the Service.
GST means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation (as amended).
Intellectual Property Rights means all statutory and other proprietary rights in respect of patents, designs, copyright, databases, moral rights, trade and business names (including domain names) and all trade secrets, confidentiality, know-how and technical information owned by us.
Information means content presented in the Web App. This includes without limitation, text, graphics, artwork and design.
Loss means any loss, costs, liability, injury or damage, including reasonable legal costs.
Minimum Term means a period of twelve (12) months commencing on the Service Start Date and expiring at midnight on the date twelve (12) months after the Service Start Date.
Normal Business Hours means the hours between 9AM to 5PM AEST, on a Business Day.
Personnel means the officers, employees, agents, contractors or other authorised representatives of the parties to this Agreement.
Service means the services which we provide to you by providing access to the features, Information and Third Party Material in the Web App.
Service Start Date means the date on which we make the Service available to you.
Special Offer means a special promotion or offer made by us to you.
Third Party Material means Information or material owned or provided by a third party that is included, accessed or provided through the Service and Web App.
Update means a release of software that corrects faults, adds functionality, or otherwise amends or updates the Service or Web App.
“We”, “us” and “our” means Holocentric Pty Ltd (ABN 73 052 972 095) trading as Centro ASSIST, and includes its officers, employees, contractors, agents, successors and assignees.
Web App means the Centro ASSIST internet application.
“You” and “your” means the customer, being the person (or a person on behalf of a company with the legal authority to bind that company) who purchases the Service.
18. Special terms and conditions applicable to the Service
18.1 Users of the Web App are named individuals who are provided with their own sign-in credentials. These credentials cannot be shared, however Customer Administrator user roles are able to update the list of active users at any time.
Summary of current Centro ASSIST service offerings
Starting from $39 per month (excluding GST).
Minimum term of 12 months. Billed monthly.
Total minimum commitment of $468 (excluding GST).
Centro CORE PLUS
Starting from $696 per annum (excluding GST).
Minimum term of 1 year. Billed annually.
Total minimum commitment of $696 (excluding GST).