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Terms and conditions

Pendragon maintains online portals for individual workers and its clients to use. The terms and conditions set out in this document (Terms) apply to all users of the Portals. You (the Portals user) accept and agree to these Terms by using Accelerate Online. Please read these Terms carefully, especially the disclaimers and limitations of liability in clause 7. You must immediately cease Accelerate Online if you do not accept any part of these Terms.

Pendragon may change these Terms at any time. When you log in to Accelerate Online, you will be notified of any changes to the Terms since your previous login. Your continued use of Accelerate Online following any notified change to these Terms will be deemed acceptance of those changes.

Interpretation

Pendragon Management means Conlon Management Pty Ltd (ACN 087 015 861) for engagements in Australia and Accelerate Workforce Solutions (NZ) (NZBN: 9429051920135) for engagements in New Zealand.

Pendragon Portals means the Pendragon online portal service located at:

https://portal.accelerateworkforce.com.au/webcenter/portal/login

1. Use of Accelerate Online

  1. YYou are responsible for your use and access (or deemed use and access) of Accelerate Online by means of your Login Credentials (as defined in paragraph 2.2 below), including entering into electronic agreements with Pendragon and amending your personal and financial details. By using Pendragon, you are also agreeing to the Pendragon Privacy Policy, as set out at:  https://portal.accelerateworkforce.com.au/webcenter/portal/Policy/privacy
  2. You must not use Accelerate Online for any activities that breach any laws or infringe any person’s rights. You must not upload to Accelerate Online any inappropriate or unlawful materials, or information that is misleading or deceptive.
  3. You must not bypass or attempt to bypass any security mechanisms imposed by Accelerate Online.

2. Your account and authority

  1. Pendragon will provide you and/or each of your authorised user(s) (Authorised User) with an initial UserID and password prior to your first use of Accelerate Online. On your first use of Accelerate Online, you will be required to change your password. You may also be required to provide answers to certain "security questions".
  2. Your UserID, password and answers to the security questions (collectively Login Credentials) will be used by the Accelerate Online logon system to identify you. You must keep the Login Credentials safe and secure and must not disclose them to anyone else or allow anyone else to use the Login Credentials.
  3. You must ensure that the password that you choose is a "strong password", commensurate with the nature of Accelerate Online and the sensitivity of the information stored on it.
  4. You must immediately notify Pendragon if you know or have reasonable grounds to suspect that your Login Credentials have been compromised, lost or obtained or used by another person. Pendragon may take any action including suspending your access to Accelerate Online at any time without notice if Pendragon suspects or considers that your Login Credentials have been compromised, lost or obtained or used by another person.
  5. You must notify Pendragon in writing, if you need to terminate an Authorised User’s access to Accelerate Online.
  6. Except for any unauthorised use by Pendragon’s own staff members, you are entirely responsible for any access or use of Accelerate Online by means of your or the Authorised User(s) Login Credentials. In particular, any access or use of Accelerate Online by means of your or your Authorised User(s) Login Credentials is deemed to be an authorised access or use of Accelerate Online by you (including all changes made to your personal and financial information stored on Accelerate Online), irrespective of whether or not you in fact accessed or used Accelerate Online. You indemnify Pendragon from and against any liability, damage and expense that Pendragon incurs or suffers as a result of any action, inaction or omission on your part in connection with Accelerate Online or from any use or misuse of your Login Credentials or the misuse (or deemed misuse) of Accelerate Online by you.
  7. If you have forgotten your password, you may retrieve your password by contacting Pendragon by telephone. Upon request your password will be sent to you securely either to your registered email address or mobile phone by SMS, as nominated by you.

3. Your information

  1. You acknowledge that you have separately provided certain information to Pendragon or Pendragon’s clients prior to your first use of Accelerate Online (Provided Information). You warrant that all Provided Information is true, complete and accurate. Pendragon may pre-populate Accelerate Online with the Provided Information. While Pendragon will use reasonable endeavours to pre-populate the information accurately, Pendragon makes no representation as to the accuracy of the pre-populated information.
  2. In addition to the Provided Information, Accelerate Online may store various information relating to you (including your name, address and contact details, superannuation, banking and taxation details) (Your Information).
  3. You must verify all of Your Information, whether pre-populated or not, and must ensure that all of the information is true, complete and accurate. If any part of Your Information is incorrect or incomplete:
    1. you must complete or correct the information by using the functionality available on Accelerate Online; or
    2. if no functionality is available on Accelerate Online to complete or correct the information, you must promptly notify Pendragon
  4. You indemnify Pendragon from and against any liability, damage and expense that Pendragon incurs or suffers as a result of any false, incomplete or inaccurate Information.

4. Accelerate Online

  1. Accelerate Online will have such functionality and features as Pendragon determines to provide from time to time. Pendragon may from time-to-time update or upgrade Accelerate Online without prior consent or notice to you.
  2. Certain functionalities of Accelerate Online may require your computer system to meet certain prerequisites (such as certain browser configuration). The prerequisites may vary from time to time. You are solely responsible for ensuring that your computer system meets all of the applicable prerequisites.

5. Security

You acknowledge that the nature of Internet and electronic means of communication are inherently insecure. While Pendragon will use reasonable endeavours to protect the security of Accelerate Online, Pendragon cannot provide any definitive assurance regarding security of Accelerate Online or the information stored on Accelerate Online. To the maximum extent permitted by law, Pendragon will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to unauthorised access to Accelerate Online or its database, or the interception of electronic communication between your computer system and Accelerate Online.

6. Electronic transactions and formation of contracts

  1. Accelerate Online may allow you to enter into agreements, give undertakings or make declarations (collectively Electronic Transactions) with Pendragon or another person (Counterparty).
  2. You agree and consent that the requirement for a signature of a party for the purposes of entering into an Electronic Transaction is taken to have been met if:
    1. the Counterparty (through Accelerate Online) displays the proposed terms of the Electronic Transaction and provides you with a mechanism to indicate your assent to the proposed terms (including by means of an “I accept” type button); and
    2. you indicate your assent by using the provided mechanism (e.g. by clicking or tapping on the “I accept” button).
  3. You agree and consent that the requirement for a signature of a party for the purposes of varying or extending an Electronic Contract or any other agreement between you and Pendragon (Existing Contract) is taken to have been met if:
    1. an email is exchanged between Pendragon authorised email address (No-Reply.portal@pendragon.net.au) and your email address as recorded in Accelerate Online;
    2. the content of the email identifies the relevant Electronic Contract or Existing Contract and the applicable variation or extension; and
    3. • the content of the email indicates the approval of both Pendragon and you of the variation or extension.
  4. For the purposes of the Electronic Transactions Act 1999 (Cth) (and equivalent statutes in the States and Territories) for engagements in Australia and Electronic Transactions Act (NZ) for engagements in New Zealand, you agree that the method described in this clause 6 is reliable and appropriate for the purposes of identifying the signing party and to enter into and vary agreements.

7. Disclaimers and liability

  1. You may access Accelerate Online (using your Login Credentials) at any time but Pendragon does not warrant that access to Accelerate Online will be uninterrupted or available when required. Pendragon may alter, suspend or withdraw the availability of, or any feature on, Accelerate Online or your access to it, at any time for any reasonable cause, including for system maintenance, security or performance issues. Pendragon cannot take responsibility for Accelerate Online not working at full functionality if you don’t have access to the internet.
  2. All content and services on or available through Accelerate Online are provided on an “as is” and “as available” basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
  3. Pendragon goes to reasonable lengths to ensure that the information on Accelerate Online is complete and up to date. However, Pendragon makes no representation as to the accuracy, currency or completeness of any information or services at Accelerate Online.
  4. You will exercise and rely solely on your own skill and judgement in your use and interpretation of the information available on Accelerate Online. You assume the entire risk of relying on this information. This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information.
  5. Pendragon does not warrant that Accelerate Online or any other websites referred to in Pendragon Portal (External Sites), or its server, will be free from viruses or defects.
  6. To the maximum extent permitted by the applicable law, Pendragon excludes all terms, conditions, representations and consumer guarantees, express or implied in relation to Accelerate Online (or its use or functionalities).
  7. To the maximum extent permitted by law, Pendragon excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data, loss of income or loss of profits, arising from or in connection with the access or use of Accelerate Online or any services available on Accelerate Online (including the inability to use Accelerate Online), whether or not caused by Pendragon’ negligence, and whether or not the possibility of loss was known to Pendragon.

8. Intellectual Property

  1. Unless otherwise indicated, Pendragon owns or has a licence to all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on Accelerate Online. Pendragon authorises you on a non-exclusive basis to reproduce and download the materials solely for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of Accelerate Online may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission or separate agreement from Pendragon.
  2. All names, logos and trademarks on Accelerate Online are the property of their respective owners. Nothing on Accelerate Online should be interpreted as granting any rights to the commercial use or distribution of any names, logos or trademarks without the express written agreement of the relevant owners.

9. Third Party Materials and links to External Sites

  1. Certain components or features of Accelerate Online may include materials from third parties (Third Party Materials) and/or hyperlinks to External Sites. Pendragon does not sponsor or endorse the Third Party Materials or External Sites. Pendragon is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of any such External Sites or Third Party Materials and will not in any way be liable or responsible for any Third Party Materials or External Sites, including advertising, products or materials on or available from them.

10. Termination

  1. Pendragon reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through Accelerate Online at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
  2. Termination of Accelerate Online does not affect any Electronic Transactions.

11. Miscellaneous

  1. If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
  2. These Terms are governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.