Provenance Foundations Pty Ltd 73 650 377 076
This Agreement outlines the terms and conditions associated with your use of Catalyst Central resources, products and templates. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at www.catalystcentral.com.au (Website).
2.1 Accepting this Agreement
By using the Catalyst Central website, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using the Catalyst Central website.
Catalyst Central is not intended for and may not be used by children under the age of 13. By using Catalyst Central, you represent that you’re at least 13 years old. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they must enter into this Agreement on your behalf.
If you use the Catalyst Central website on behalf of your employer or any other entity, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions on our website, and you waive any right to receive specific notice of each such change.
2.2 About This Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 16.1. They aid to clarify the terms and conditions. Please feel free to email us at firstname.lastname@example.org if you have any questions.
3.0 Requirements for use and support
You acknowledge and agree Catalyst Central will only be accessible using the internet, by users and will not be available “locally” from your own servers or devices.
3.2 Third party websites and hyperlinks
Catalyst Central may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third-party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely of your own accord and at your own risk.
3.3 Catalyst Central outages and system maintenance
If it is necessary to interrupt your use of the Catalyst Central website, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which the website will be unavailable.
You acknowledge access to Catalyst Central may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to the website which may change the interface and manner in which it functions.
You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.
4.0 Your use of Catalyst Central resources and products
4.1 Lawful use of Catalyst Central resources and products
You undertake not to upload, store or access any data on Catalyst Central if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Conduct which is expressly prohibited
You may only acquire and make use of Catalyst Central resources and products for the purpose of meeting your internal business needs or for your own personal needs. You must not use or include any part of Catalyst Central in any service bureau or fee generating service offered to third parties.
You must not:
- use Catalyst Central in connection with a breach of any law in Australia or the jurisdiction in which you operate; or
- use Catalyst Central in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of Catalyst Central;
- install or store any software applications, code or scripts on or through Catalyst Central;
- intentionally disable or circumvent any protection or disabling mechanism of Catalyst Central;
- use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from Catalyst Central or our Website for any purpose including the sending of unsolicited emails, soliciting our or another user’s clients or duplicating the content of Catalyst Central;
- knowingly transmit any viruses or other disabling features to or via Catalyst Central;
- use Catalyst Central directly or indirectly for any activity or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;
- in any way tamper with, hinder or modify Catalyst Central;
We reserve the right to take down any User Content which is expressly prohibited or otherwise in breach of this Agreement.
5.0 Purchase Order Terms
5.1 Buyers Rights
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you’re entitled to a repair or a replacement.
When you buy your digital content you have the option to download onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit, particularly if you are using your mobile phone abroad.
When you buy the digital content and download it, you will not own it. Instead, we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this agreement. This product is non-exclusive to you. We may supply the same or similar digital content to other users.
Once you have clicked on the ‘pay now’ button and received the acknowledgement email you will be given a link to download the digital content. (Delays may arise if payment is processing).
If something happens which:
- is outside of our control; and
- affects you being able to download the digital content.
We will amend the issue and get the digital product delivered to you at our most convenient time.
The product may not be:
- copied by you except for a reasonable number of necessary back-ups;
- changed by you and then the modified material distributed; or
- distributed or sold by you to any third party.
5.2 Supplier rights
In the event of a third party attempting to copy, sell, or distribute parts/complete of the content purchased we have the right to cease all actions and withdraw the purchased product.
We accept the following methods of payment: Credit card, Debit card, Stripe, PayPal. Issues with third party payment methods are to be handled with the payment method provider i.e., Stripe, PayPal.
We are not responsible for if any of these methods may become unavailable for a period of time. Payment methods are subject to change.
Orders may take time to process. Once payment is complete and fully processed you will have the right to download the digital product purchased.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
Your digital product will only be available for download once payment is processed and complete.
The price of digital content is in AUD and will be processed accordingly.
6.0 Intellectual Property
We warrant we own or have a licence to use the Intellectual Property of Catalyst Central.
You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
- create an adaptation or translation of, all or part of Catalyst Central and our resources or templates, in any way;
- except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Catalyst Central.
- incorporate all or part of Catalyst Central in any other webpage, site, application or other digital or non-digital format; or
- use Catalyst Central in a manner which may infringe any other persons Intellectual Property;
If you provide us with content, including, without limitation, text, photos, images and any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Catalyst Central.
While we reserve the right to take down any User Content which is expressly prohibited or otherwise in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
7.0 Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using email@example.com. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
Notwithstanding any other provision of this clause, a party may disclose the terms of this Agreement to its related companies, solicitors, auditors, insurers and accountants.
Each party will take all reasonable steps to ensure that its employees, agents, and any sub-contractors engaged for the purposes of the Agreement do not make public or disclose the other party’s Confidential Information.
A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
10.0 Limitation of Liability
10.1 Implied Conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
10.2 Limitation of Liability
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
- Catalyst Central being inaccessible for any reason;
- any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement;
- any unauthorised activity in relation to the use of Catalyst Central resources and templates;
- negligence arising from our activities or that of our service providers;
- security vulnerabilities in Catalyst Central or any breach of security that results in unauthorised access to, or corruption of data;
- computer virus, trojan and other malware in connection with Catalyst Central; and
- incorrect or corrupt data, lost data, or any inputs or outputs of Catalyst Central.
10.3 Limits to liability associated with goods and services
Where a Non-excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
- in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with your use of Catalyst Central resources and templates including any costs arising from your breach of this Agreement, your infringement of any third party Intellectual Property rights associated with this Agreement, a dispute between users of Catalyst Central, any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of Catalyst Central and your breach of any law including, where applicable, Privacy Laws.
11.0 Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, in Perth, Western Australia and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
12.1 Termination notice
You may terminate this Agreement by sending us a Cancellation Notice.
12.2 Actions upon termination
- you must immediately stop using Catalyst Central resources and templates;
- you must not attempt to access Catalyst Central or register a new Account without our prior written consent;
- you will no longer have access to your Account; and
- we reserve the right to permanently erase any data associated with your Account.
Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
Entire Agreement – This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Governing law – The laws of Western Australia and the Commonwealth of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
- which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
- which you send, must be either delivered or posted by prepaid post to the business address or email address set out on the Contact Us page of our website.
Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
14.0 Definitions and interpretation
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Agreement means these terms and conditions and any document incorporated into them by reference.
Cancellation Notice means a notice sent by either party, in accordance with clause 14, requesting the termination of this Agreement.
Confidential Information means information that is by its nature confidential, including but not limited to information relating to either party’s personnel, policies, practices, clientele, business strategies, Intellectual Property rights, the system operations associated with Catalyst Central. But does not include information already rightfully known to the receiving party at the time of disclosure by the other party or in the public domain other than as a result of a disclosure in breach of its obligations of confidentiality under this Agreement.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
You or your means the person or entity using Catalyst Central.
Us, we or our means Provenance Foundations Pty Ltd (ABN: 73 650 377 076).
Website means the website located at www.catalystcentral.com.au and any of its subdomains.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
- unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
- if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute.
- a reference to a party’s conduct includes omissions as well as acts; and
- when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body;
- words in the singular will be taken to include the plural and also the opposite;
- headings are for convenience and will not affect interpretation;
- where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
- “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
15.0 Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
16.0 Guidelines For Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
17.0 Site Management
We reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
18.0 Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Trading Name: Catalyst Central
Address: 4/56 Pakenham ST, Fremantle, WA 6160
Phone Number: 0459 946 309
Support Email: firstname.lastname@example.org