1. GENERAL
1.1 Your use of www.debtforce.com.au (“Website”) is deemed to be your acceptance of these Terms of Use. Please read them carefully.
1.2 Debt Force Pty Ltd (“we, our or us”) may revise and change these Terms of Use from time to time at our discretion.
1.3 By continuing to use this Website you accept, and agree to abide by, the Terms of Use.
1.4 These Terms of Use are binding upon, and will enure to the benefit of the parties, their successors and permitted assigns.
1.5 If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms will remain in force.
1.6 We are the sole owner of the Website, debt enforcement software (“Software”) which together comprises the platform known as “Debt Force” (“Platform”).
2. MATERIAL
2.1 The purpose of this Website is to provide users who are owed debts by others (“Creditors”) a platform to assist in recovering such debt or debts owed by the owing party or parties (“Debtors”). We are not legal professionals and do not provide the extensive services or advice that legal professionals provide, but instead we provide services which generate letters of demand to commence the recovery of a debt owed to you.
3. USE OF OUR PLATFORM
3.1 The Website provides an online service which generates letters of demand to send to the Debtor based on the details provided by the Creditor. We do not guarantee or make any warranty that the debt of the Creditor will be recovered by using the Website and/or services.
3.2 Our services are available only to persons who can form legally binding contracts in accordance with the law.
3.3 By using this Website and our services, you acknowledge and agree on, the following:
(a) If you are a Creditor and you are successful in recovering a debt by the use of our Website and services, you will provide to the Company a commission to in accordance with the Commission Schedule to the Terms of Business;
(b) if you are a Debtor and through a Creditor’s use of our services, you have received from a Creditor a request for payment of a Debt, you may use our Platform to effect payment of that Debt; and
(c) if you are a Creditor and there has been no response by the Debtor to a second letter of demand generated by our services, our services will automatically refer your debt recovery matter to Merton Lawyers of 1/26 Liddiard Street, Hawthorn Victoria 3122 who may, in their unfettered discretion, choose to provide you with legal advice and assistance in recovering your debt.
(d) you are aware that Debt Force Pty Ltd (ACN: 634 346 615) and any other related bodies corporate share common ownership with Merton Law Group Pty Ltd and that Merton Law Group Pty Ltd (ACN: 600 836 968) (Merton Lawyers) has discharged its requirement to notify you of this relationship in accordance with Rule 7 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015.
3.4 Your use of this Website, our Services and the information you provide, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe on any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law (including those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) be defamatory, threatening, harassing, unlawfully discriminative or offensive;
(f) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devise or other computer programming routines that may or are intended to damage, modify, delete, interfere with, intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
(g) damage the integrity of the Website or Debt Force Pty Ltd, or dilute, tarnish or otherwise harm our brand in any way;
(h) breach or violate any of our policies;
(i) use our Website in connection with the distribution of unsolicited commercial email (“spam”) advertisements;
(j) attempt to gain unauthorised access to the Website or networks connected to the Website; or
(k) tamper with, hinder the operation of or make unauthorised modifications to the Website.
4. INTELLECTUAL PROPERTY
4.1 You acknowledge that the Software has not been sold to you or the Licensee by the Company, and accordingly, acknowledge and agree that the grant of the Access Right, and these Terms of Use, do not include any transfer of title or ownership to you or the Licensee of any rights in the Software, the Services, the Company Content (including any associated intellectual property rights, which include but are not limited to rights of copyright), any other aspect of the Platform, or any modifications, updates or new releases of the Software (or any associated intellectual property rights). You further acknowledge that in addition to any other remedies available to the Company under these Terms of Use or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Software, the Services or the Platform will entitle the Company to avail itself of any equitable remedies against you or the Licensee which may be available, including but not limited to injunctive relief.
4.2 All rights (including but not limited to intellectual property rights) in the Software, the Services, the Company Content and the Platform, including any modifications or alterations made by you or any third party, remain the property of the Company in all respects, regardless of whether or not such modifications or alterations were authorised by the Company (pursuant to these Terms of Use, the Licence Agreement with the Licensee or otherwise). Accordingly, all rights (including intellectual property rights) subsisting in any modifications or alterations will vest in the Company immediately upon creation, without the need for any further formality or documentation. You agree to execute (or procure the execution of) any documentation, and perform any other acts, required by the Company to confirm this fact and give effect to this clause, and will if necessary assign to the Company (or procure the assignment of) all rights (including intellectual property rights) arising out of any modifications or alterations to the Software, the Services, the Company Content or any other aspect of the Platform.
4.3 While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our written consent if you would like to use, copy or reproduce any part of this Website for any other purpose.
4.4 All trademarks which appear on the Website belong to their respective owners.
4.5 All letters of demand and any other documentation generated through this Website belong to the Company.
5. RELIANCE
5.1 The information on this Website has been compiled for general information purposes only. We do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any services provided through it.
6. THIRD PARTY LINKS
6.1 This Website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.
6.2 We make no representations or warranties as to, and accept no responsibility for the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
7. ACCESS AND TERMINATION
7.1 The Company grants to you a limited, non-exclusive right and licence to use the Software, and the Services, and to access and use the Platform and all other content and material associated with the Software, Services and Platform which is owned by the Company (and for the avoidance of doubt includes all user data compiled by the Company, all data generated by the Platform including but not limited to trademarks, brand names and logos (Company Content), for the purposes of using and enjoying the functionality of the Platform (Access Right).
7.2 The Access Right ends after you stop using the Platform, or these Terms of Use otherwise cease or are terminated. Notwithstanding the Company owns all user data compiled by the Company, upon termination of your Access Right, you may request the Company to delete personal user data compiled by the Company and the Company will endeavour to comply with this request. For the avoidance of doubt, the Company will retain in its full discretion, all Platform data at an aggregate level generated by the Company throughout your use of the Software and the Services.
7.3 We may remove or disable access to this website or any part of it at our discretion and without prior notice without being liable for any loss suffered by you or third party as a result.
7.4 We may also remove or disable access to this website or any part of it or cease services if:
(a) you breach any of the Terms of Use;
(b) we are required to by law;
(c) the services rely on services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in an adverse manner; or
(d) provision of the services is no longer commercially reasonable to us.
7.5 You can terminate this agreement at any time by discontinuing your use of the Website and/or the services.
8. PRIVACY POLICY
8.1 Your use of the Website is governed by our Privacy Policy which is available on our Website.
9. LIABILITY
9.1 You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (“Non-excludable Obligation”).
9.2 Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms of Use.
9.3 Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from use of this Website or the Content.
9.4 Your use of any services acquired through the Website is governed by our Customer Agreement.
10. INDEMNITY
10.1 To the extent permitted by law, you agree to indemnify and hold us harmless from and against any actions, claims, demands, proceedings, loss of every kind, known and unknown, including legal fees and claims made by third parties, due to or arising out of:
(a) your use of the Website or your violation of any law or the rights of a third party; and/or
(b) your breach of these Terms of Use.
11. DISCLAIMERS
11.1 The Company does not warrant that the Software, Services, Company Content or the Platform (or any part of it) will be error free, or that your use of the Software, Services, Company Content or the Platform will be uninterrupted, or that the Platform and Software will meet your requirements Accordingly, you expressly acknowledge and agree that use of the Software, Services, Company Content and the Platform is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Platform, Services and the Software are provided "as is", with all faults and without warranty of any kind. Accordingly, the Company is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Platform, including but not limited to any damage resulting from the access, download or use of Company Content or other material used by you as part of your use of the Platform.
11.2 Further, the Company makes no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Platform (including User Content), and is not responsible for the loss of any material, data and information uploaded or submitted by you in your use of the Platform (including User Content). You must take all steps necessary to ensure that any User Content used in connection with the Platform is regularly backed up by you or a third party.
12. GOVERNING LAW
12.1 These Terms of Use are to be governed by and construed in accordance with the State of Victoria, Australia.
12.2 If any term of these Terms of Use conflict with the provision of any legislation of the Commonwealth of Australia or any State/Territory, the legislation of the Commonwealth of Australia will prevail.
12.3 This Website may be accessed from outside Australia. We make no representation that the Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in place where you are located.