Terms & Conditions
These Terms and Conditions are to be read in conjunction with the details contained in your Email Confirmation. The Email Confirmation and these Terms and Conditions will form the terms and conditions of and other data collection and processing Services (“Services”) Agreement between you (“You” or “Client”) and Measure Australia Pty Ltd (“Measure Australia”).
1.1 You may place an Order to obtain Services via calling Measure Australia’s switch by calling 1300 200 014 within Australia or +61 2 8320 0575 outside of Australia, by directly contacting a Measure Australia employee or authorised representative, through one of its Websites by submitting an electronic order form on the Websites, by submitting a form or purchase order request to firstname.lastname@example.org or by purchasing Measure Australia’s services via an Authorised Reseller.
1.2 In placing an order, You agree to provide complete and accurate information as to Your personal details in order to enable the performance of Services by Measure Australia.
1.3 Orders placed by You whether they be in person, via telephone, email or other electronic communication are offers to purchase Services at the specified price in accordance with the Order and these Terms and Conditions.
1.4 When Measure Australia accepts an Order it will send You an Email Confirmation setting out details of the Services to be provided, including the total price payable (Fees) for the Services and the scheduled booking time. When You receive the Email Confirmation it represents an agreement by Measure Australia to supply You with the Services specified in the Email Confirmation in accordance with the Email Confirmation and these Terms and Conditions.
1.5 Measure Australia may, in its absolute discretion, specify in its Email Confirmation that You are required to pay a deposit by a particular date. Where a deposit has been requested, the Email Confirmation provided by Measure Australia will constitute a counter offer which will be deemed to be accepted by You if You pay the requested deposit by the date specified in the Email Confirmation. In the event that You do not pay the deposit by the requested date, the counter offer made by Measure Australia will lapse and may only be accepted by You with the further agreement of Measure Australia.
1.6 To the extent permitted by law, Measure Australia reserves the right to accept or reject any Order for Services for any reason (or no reason) at any time including, but not limited to, the requirements of Civil Aviation Regulations, an error in the price, an error in Your Order or the discontinuance of a promotion.
1.7 In the event that Measure Australia rejects an Order under the above clause, it will notify You of that rejection and the reason for rejection via the user interface, email or telephone.
1.8 Measure Australia will not be liable to You for Your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.
1.9 Once You have placed an order for Services and that Order has been accepted, cancellations or changes cannot be made other than in accordance with these Terms and Conditions.
2. Your Obligations
2.1. When placing an Order for Services and during the performance of the Services You must:
(i) co-operate with Measure Australia as Measure Australia reasonably requires;
(ii) provide the information and documentation that Measure Australia reasonably requires and/or that is set out in the online order form; and
(iii) ensure that Your staff and agents cooperate with and assist Measure Australia.
2.2. If You do not comply with Your obligations under clause 2.1, any additional costs and expenses which are reasonably incurred by Measure Australia as a result must be paid for by You.
3. Fees & Default
3.1. In consideration for the Services You agree to pay the Fees.
3.2. Measure Australia will issue You with a Tax Invoice in respect of the Fees in accordance with the GST Act. Subject to receipt of an invoice in accordance with this clause, You must pay to Measure Australia the Fees plus any GST within 7 days of receipt of the Tax Invoice.
3.3. Unless otherwise provided in the Email Confirmation, You will be responsible, and Measure Australia will charge You, for any authorisation, administration and/or clearance fees charged by a regulatory authority in relation to the Services.
3.4 Default and Consequences of Default:
(a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Measure Australia’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
(b) In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Measure Australia.
(c) If the Client defaults in payment of any invoice when due, the Client shall indemnify Measure Australia from and against all costs and disbursements incurred by Measure Australia in pursuing the debt including legal costs on a solicitor and own client basis and Measure Australia’s collection agency costs.
(d) Without prejudice to any other remedies Measure Australia may have, if at any time the Client is in breach of any obligation (including those relating to payment) Measure Australia may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Measure Australia will not be liable to the Client for any loss or damage the Client suffers because Measure Australia has exercised its rights under this clause.
(e) Without prejudice to Measure Australia’s other remedies at law Measure Australia shall be entitled to cancel all or any part of any service of the Client which remains unfulfilled and all amounts owing to Measure Australia shall, whether or not due for payment, become immediately payable in the event that:
(i) any money payable to Measure Australia becomes overdue, or in Measure Australia’s opinion the Client will be unable to meet its payments as they fall due; or
(ii) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
4. Intellectual Property
4.1. You agree that all Intellectual Property made or conceived, whether alone or with others, in the course of or arising out of the Services will become the sole and exclusive property of Measure Australia (Services IP).
4.2. Upon full payment of the Fees, Measure Australia will grant You a perpetual, royalty free, non exclusive and non transferable licence to use the Services IP for Your internal purposes or purposes communicated to Measure Australia at the time You place Your Order.
4.3. You grant to Measure Australia a perpetual, royalty free, non exclusive and non transferable licence to use Your trademark, business name or other mark or logo for marketing and promotional activities to indicate that You are a current or former client of Measure Australia.
5. Confidential Information
5.1. It is a condition of this Services Agreement with You that either Party will not, without the prior written consent of the other, directly or indirectly:
(a) disclose or publish, or permit the disclosure or publication of, any Confidential Information of the other Party to any person; or
(b) use, or permit the use of any Confidential Information,
(i) as necessary in order to give effect to this Services Agreement;
(ii) as required by a law of Australia;
(iii) by way of a disclosure to professional advisers for the sole purpose of seeking advice; or
(iv) where, at the time of, or since, entering into this Services Agreement the information has become (other than by a breach of this Services Agreement), available in the public domain.
5.2. For the purposes of this Services Agreement, Confidential Information means any information whatsoever, of a confidential nature, (whether provided verbally or by way of a document or other material in human or machine readable form) which relates to Measure Australia or You and includes:
(a) any information regarding the business or affairs of a Party, or which the other Party acquires in the course of and by reason of this Services Agreement;
(b) information including, but not limited to:
(i) business ideas or concepts;
(ii) product formula, process, methods, pricing, record or data;
(iii) market research and marketing plans;
(iv) business plans and projections;
(v) financial positions or statements;
(vi) internal management matters, records, reports, policies and strategies; or
(vii) current or prospective clients, customers, employees, contractors of, or other persons doing business with, Measure Australia or You;
(c) information regarding details of any Intellectual Property, including trademarks, patents, copyrighted materials, trade secrets, drawings, know-how, plans, models, processes, registered or registrable designs or like material or computer software owned by or licensed to a Party;
(d) information which is marked as confidential by a client, customer or by a Party; or
(e) information which the recipient knows, or ought to know, is confidential.
5.3. The Parties agree to take all necessary steps to ensure that all Personnel are made aware of and comply with the obligations of confidentiality imposed by this Services Agreement.
6. Cancellations and Changes to Orders
6.1. Cancellation by You
You may cancel an Order at any time by providing written notice to Measure Australia subject to the following conditions:
(a) You may freely cancel Your Order up to six (6) business days prior to Your scheduled booking time, in which case any deposit paid by You will be fully refunded. Costs incurred to this point will be billed by Measure Australia to You;
(b) if You cancel Your Order less than six (6) business days but more than two (2) business days prior to Your scheduled booking time, You will be charged and must pay to Measure Australia 50% of the total Fees payable in respect of Your Order, plus any costs incurred to this point; and
(c) if You cancel Your Order within two (2) business days of Your scheduled booking time, You must pay 100% of the total Fees payable in respect of Your Order.
6.2. Cancellation by Measure Australia
(a) Measure Australia may cancel Your Order where Measure Australia determines that it is unable to complete Your Order, including, without limitation, where Measure Australia determines in its absolute discretion that it is not safe to do so, in order to comply with Civil Aviation Safety Regulations or because Measure Australia is unable to obtain necessary consents or permits required to fulfil Your Order.
(b) Where Your Order is cancelled by Measure Australia, and this is not as a result of Your conduct, acts or omissions, no Fee will be payable by You and You will be reimbursed any deposit paid, outside of costs already incurred and agreed by you.
(c) Where Your order is cancelled by Measure Australia and this is as a result of Your conduct, acts or omissions, You may be charged Fees in accordance with clause 6.1.
6.3. Variation by Measure Australia
(a) Measure Australia reserves the right to reschedule Your scheduled booking time in its absolute discretion including, without limitation, in response to prevailing weather conditions. Where Your scheduled booking time must be rescheduled You will be informed of Your new booking time as soon as possible.
(b) Where it is necessary to reschedule Your scheduled booking time and this is not as a result of Your conduct, acts or omissions, no additional fees will be charged. Where it is necessary to reschedule Your scheduled booking time and this is as a result of Your conduct, acts or omissions, a rescheduling fee of 20% of the Fees payable may be charged by Measure Australia in its absolute discretion.
7. Warranties and Indemnities
You warrant that:
(a) You have read and understood the Terms and Conditions and the Email Confirmation and agree to comply with the terms of this Services Agreement at all times;
(b) You have not been induced to enter into this Services Agreement by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in this Services Agreement;
(c) You have been given the opportunity to take legal advice on the terms of this Services Agreement;
(d) You have the power and authority to perform this Services Agreement and have taken all necessary action in order to authorise its entry into this Services Agreement; and
(e) You have obtained all third party approvals necessary for You to perform Your obligations under this Services Agreement.
You indemnify Measure Australia, its Related Bodies Corporate and their directors, employees, contractors, agents, workers and Personnel and shall keep them indemnified against all actions, costs, charges, claims and demands in respect of:
(a) any breach of this Services Agreement by You including without limitation the enforcement or the attempted enforcement of this Services Agreement;
(b) any act or omission by You or Your employees, contractors, workers or agents;
(c) liability for all loss, damage or injury to any person or property caused by You, Your employees, contractors, workers or agents in the course of Measure Australia providing Services to You.
7.3. Limitation on liability
(a) To the extent permitted by law, the liability of Measure Australia under or in connection with this Services Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by You to Measure Australia under this Services Agreement.
(b) Without limiting the foregoing, to the extent permitted by law, Measure Australia limits its liability in respect of any claim to, at its option:
(i) to the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
(c) Measure Australia will not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
The obligations contained in clauses 3 (Fees), 4 (Intellectual Property), 5 (Confidential Information), 6 (Cancellations and Changes to Orders) and 7 (Warranties and Indemnities) survive termination or expiry of this Services Agreement.
9.1. A party to this Services Agreement may not assign or purport to assign any of its rights under the Services Agreement without the prior written consent of the other party.
9.2. This Services Agreement takes effect, is governed by and will be construed in accordance with the laws from time to time in force in New South Wales and the parties submit to the jurisdiction in the Courts of that State.
9.3. Failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of this Services Agreement will not affect or impair that provision in any way or the rights of either party to avail itself of the remedies it may have in respect of any breach of any such provisions.
9.4. This Services Agreement constitutes the entire agreement of the parties in respect of the matters dealt with in it and supersedes all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.
10. Definitions and Interpretation
In this Services Agreement:
Authorised Reseller: means the authorised resellers listed at www.measureaustralia.com.au/resellers from time to time;
Business Day: means a day that is not a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done;
Email Confirmation: means the email confirmation provided to You by Measure Australia in accordance with clause 1.4 of these Terms and Conditions;
GST: means Goods and Services Tax within the meaning of the GST Act;
GST Act: means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Intellectual Property: means all intellectual property of any kind improvements, discoveries, innovations, modifications, improvements, ideas and inventions whatsoever, including all documents, data, records and other paper writings, whether patentable or otherwise registrable or not;
Measure Australia: means Measure Australia Pty Ltd (ACN 602 096 211);
Order: means a request to obtain Services in accordance with clause 1;
Parties: means Measure Australia and You;
Personnel: means persons, whether as employees, workers, directors, officers or sub-contractors of Measure Australia, who are employed, appointed or are engaged by Measure Australia to provide the Services;
Related Bodies Corporate: means a related body corporate as defined in section 9 of the Corporations Act 2001 (Cth);
Services: means the services described in the Email Confirmation to be performed in accordance with this Services Agreement;
Fees: means the fees identified in the Email Confirmation or otherwise agreed with You in respect of Your Order;
Tax Invoice: has the same meaning as in the GST Act; and
Websites: means www.measureaustralia.com.au and www.dataview.co.
In this Agreement unless the contrary intention appears:
(a) a reference to this Services Agreement or another instrument includes any variation or replacement of either of them;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) the word person includes a firm, a body corporate, an unincorporated association or an authority;
(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns; and
(f) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
1. Type of personal information collected
2. Collection and use of personal information
We collect and use the personal information for purposes including to contact and communicate with you, for internal record keeping and for marketing.
3. Disclosure of personal information
4. Access to and correction of personal information
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.
5. Complaints about breach
If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.
To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.
7. Storage and Security
We are committed to ensuring that the information you provide is secure.
For more information, please email email@example.com.