TERMS AND CONDITIONS FOR Vocul PTY LTD (ACN 651 043 319)

10k+
Companies

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2017
Founded

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150k+
Apps

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TERMS AND CONDITIONS OF USE

  1. About
    1. Welcome to www.vocul.com.au (the Website), operated by Vocul Pty Ltd (ACN 651 043 319) (Vocul, we, us). 
    2. Access to and use of the Website, or any of its associated products and/or services, is provided by Vocul. Please read these terms and conditions (the Terms) carefully.
  2. Acceptance of theres Terms
    1. The Terms apply to the use of our Website and our products and services. By using, browsing, signing up to, accepting a free trial and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the services immediately.
    2. If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.
    3. You may not use our services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with Vocul; or
      2. you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.
    4. By engaging Vocul or purchasing any of the services, you acknowledge and understand that Vocul does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning, employment or tax advice. For further information, please read the Terms carefully.
    5. Vocul reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Vocul updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after Vocul makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and services immediately.
    6. Before you continue, Vocul recommends that you keep a copy of the Terms for your records. Vocul recommends that you regularly check these Terms for any material changes.
  3. Services
    1. Vocul is a platform that assists businesses with attracting, converting and engaging with potential employees (the Services)
    2. Our Services are available to business users (Business Users) and individuals looking for new employment opportunities (Personal Users) (together the Users).
    3. You agree and acknowledge that we:

      1. do not act as an agent or other representative of you, or any other party, in respect of the Services and in relation to other Users;
      2. are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to any third parties and other Users; and
      3. notwithstanding clauses 3.3(a) and 3.3(b), we may receive commission or payment from third parties including but not limited to the Business Users.
    4. By using the Services, you agree and acknowledge that:

      1. you are solely responsible for assessing the risks and implications of using the Services;
      2. we do not, at any time, provide any warranties or guarantees regarding the Services;
      3. you must use the Services for your own personal or business use;
      4. we reserve the right to terminate your access to the Services at any time and at our sole discretion;
      5. these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
      6. Vocul has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
    5. Vocul may from time to time suspend your access to the Website and services for the purposes of scheduled maintenance to the Website. Vocul, where practicable, will give you five (5) days’ prior written notice of the scheduled maintenance that will, or is likely to, affect the availability of the Services and the Website. Vocul will not be liable for any loss or damage incurred as a result of any scheduled maintenance to the Website.
  4. Account Establishment
    1. To access the Services, Personal Users are required to register an account on the Website (the Personal Account) and Business Users are required to register an account on the Website (the Business Account) (together referred to as the Account).
    2. To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:

      1. full name;
      2. date of birth;
      3. email address;
      4. mailing address;
      5. telephone number;
      6. company name (if using the Website and accessing the Services on behalf of a company);
      7. a preferred username; and
      8. a preferred password.
    3. You agree and acknowledge that any information you provide to Vocul in the course of establishing an Account will always be accurate, correct and up to date.
    4. You agree and acknowledge that Vocul reserves the right to terminate your Account and/or suspend or terminate you from accessing the Services without notice if you provide misleading, false, deceptive, inaccurate or outdated personal information and/or business information.
    5. By supplying Vocul with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Vocul to keep you informed about Vocul’s activities. If you do not wish to receive updates from Vocul, you may contact Vocul at support@vocul.com.au.
  5. Personal Accounts
    1. Personal Users agree and acknowledge that:

      1. the Personal Account gives you free access to the Services, whereby you can source a Business User, view their business name, brief summary of their business operations and culture, and their job advertisements;
      2. to access the Services, you are required to establish an Account;
      3. you must not transfer or assign your Account to another individual or entity;
      4. Vocul gives no guarantee to you of the continued availability of a particular job advertised on the Website and will not be liable for any harm or damage caused as a result of a job advertisement being removed from the Website;
      5. Vocul takes efforts to ensure that jobs advertised on the Website are for actual job vacancies. However, Vocul does not guarantee to you that every job advertisement is a genuine job advertisement. Vocul will not be liable for any harm or damage caused a result of a job advertisement not being genuine; and
      6. Vocul reserves the right to suspend or terminate your access to the Services if, in its sole discretion, it believes that you are exploiting and/or abusing your access to the Services.
  6. Business Accounts
    1. Business Users agree and acknowledge that:

      1. to access the Services, you are required to set up a Business Account and establish your business profile (the Business Profile). To set up the Business Profile may be required to provide information about your business, including but not limited to:

        1. business name;
        2. Australian Business Number (ABN) and/or Australian Company Number (ACN);
        3. business address;
        4. a summary of the business’s products and/or service offering;
        5. a summary of the business’s culture and business values;
        6. job openings, including but not limited to, the job description, required skill set and experience, and salary expectation (the Job Advertisements); and
        7. contact details;
      2. your Business Profile will appear on the Website as you post Job Advertisements;
      3. Vocul will provide you a thirty (30) days trial of the Services (the Trial). During the Trial, you can cancel your access to the Services at any time before the auto-renewing subscription date. If you do not cancel the Trial, then you will continue to access the Services in accordance with your subscription preference and clauses 8 and 9 of these Terms;
      4. all of the content uploaded onto the Business Profile will be accurate, correct and up to date;
      5. Personal Users will be able to view your Business Profile, make enquiries about the Job Advertisements through the Website, and subsequently apply for any job openings through the Website;
      6. Vocul reserves the right to terminate your Business Account and/or remove your Business Profile from the Website if you provide misleading, false, deceptive, inaccurate and/or outdated information;
      7. you must use the Services and post Job Advertisements in accordance with all applicable laws, including but not limited to equal opportunity principles and the Fair Work Act 2009 (Cth);
      8. you must preserve the privacy of personal information of the Personal Users in accordance with the Privacy Act 1988 (Cth) as amended or superseded from time to time; and
      9. your ability to publish Job Advertisements and maintain a Business Profile through the Website is dependent on your strict compliance with clauses 8 and 9 of these Terms.
  7. Your Account Obligations
    1. Users agree and acknowledge that:

      1. you are solely responsible for the activity that occurs under your Account;
      2. anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
      3. you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Vocul at support@vocul.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;
      4. you will use the Website and the Services as permitted by:

        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      5. access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services;
      6. any use of your registration information and Content by another person, or third party, is strictly prohibited;
      7. appropriate legal action will be taken by Vocul for any illegal or unauthorised use of the Website and Services;
      8. you must not:

        1. expressly or impliedly impersonate another Account at any time;
        2. use the Services or Website for any illegal and/or unauthorised use;
        3. provide false information including false names, address, contact details and Content;
        4. use the Services or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
        5. circumvent or hack into any part if the Website to access data not intended for you;
        6. interfere with the servers or networks connected to the Services and/or Website, or violate any of the policies, procedures or regulations connected to the Services and/or the Website;
        7. engage in conduct or access the Website or Services in a way that will impose an unreasonable or large burden of traffic demands on Vocul;
        8. create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by Vocul;
        9. resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;
        10. copy of produce a substantially similar Service that was provided to you by us; and/or
        11. automate the use of the Website or Services.
  8. Free Trial and Subscriptions
    1. Free Trial

      1. The Trial provides Business Users access to the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service.
      2. You agree and acknowledge that it is your responsibility to know when the Trial will end. We reserve the right, at our sole discretion, to modify or terminate any free trial offering and your access to the Services during the Trial.
      3. You agree and acknowledge that we will not be held liable for any loss or damage caused as a result of our modification or termination of the Trial.
    2. Subscriptions

      1. Vocul offers three subscription models (the Subscriptions) to Business Users:

        1. Start Up;
        2. Scale Up; and
        3. Enterprise.
      2. Each Subscription will give you access to a varying number of Job Advertisements posting capabilities. We reserve the right, at our sole discretion, to modify or terminate any of the Subscription offerings
      3. You agree and acknowledge that the Subscriptions are for a twelve (12) month period,charged at a monthly subscription (the Monthly Subscription Fees).
      4. You agree and acknowledge that the Monthly Subscription Fees must be paid before the provision of the Services for that month.
      5. Once you have signed up to a Monthly Subscription, you will be charged on the same day every month for twelve (12) months.
      6. If payment of the Monthly Subscription Fees fails and is not rectified within 24 hours, then Vocul will not provide the Services in accordance with the selected Subscription. You agree and acknowledge that Vocul will not be liable for any damage or loss caused as a result of your failure to make payment
      7. Vocul reserves the right to terminate your access to the Subscription if you fail to make payment and reserves the right to send you a final invoice with the outstanding amount for the remainder of the Subscription Fees for the duration of the Subscription.
      8. You may upgrade your Subscription level through the platform at any time. You will then be charged for the new Subscription for twelve (12) months at a pro-rated basis.
  9. Payment
    1. You agree and acknowledge that payment of the Subscriptions may be made using third payment gateways, such as Stripe (the Payment Gateway Provider). When subscribing to the any of the Subscriptions, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the PaymentGateway Provider
    2. You acknowledge that where a request for the payment of the processing fee is returned ordenied, for whatever reason, by your financial institution or is unpaid by you for any otherreason, then you are liable for any costs, including banking fees and charges, associated withthe processing fee.
  10. Non-Payment
    1. If a Business User breaches these Terms by way of non-payment pursuant to the Payment Plan or the provisions of these Terms, Vocul may, at its sole and absolute discretion:

      1. cease providing the Services until the payment of any outstanding fees has been made;and/or
      2. proceeds to recover any outstanding fees from you by way of debt recovery action or anylegal method available to Vocul.
    2. You acknowledge and agree that if Vocul initiates debt recovery action then you will be liable for all debt collection costs, including legal costs (on an indemnity basis), collection agency costs 8and any other expenses or disbursements, including but not limited to, Land and PropertyInformation searches, Australian Securities and Investment Commission searches, process server fees, expert reports and court/tribunal fees. You will also be liable to pay Interest on the outstanding debt. You authorise Vocul to share any personal information with a credit reporting agency to report the breach of these Terms and the non-payment of any money which is due and payable pursuant to these Terms.
  11. Refund Policy
    1. If, for whatever reason, you are unsatisfied with the Services please contact Vocul at support@vocul.com.au outlining why you believe you are entitled to a refund of anySubscription Fees so that Vocul are able to determine whether a refund should occur.
    2. Any refunds granted pursuant to this clause will be at Vocul’s sole discretion.
  12. Copyright and Intellectual Property
    1. Intellectual Property Rights means all intellectual property rights and proprietary rights(whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trademarks and service marks (including, but not limited to, goodwill and other intangible rights),registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.
    2. The Website and the Services and all of the related documents, materials, products and services of Vocul (the Material) are subject to Intellectual Property Rights under the laws ofAustralia and by International Treaties. Unless otherwise indicated, all Intellectual PropertyRights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) are owned or controlled for these purposes and are reserved by Vocul or its contributors.
    3. The User retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website (the Uploaded Content). The User grants to Vocul a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to yourUploaded Content. Vocul will own any results, methodologies, data or meta data, including anyanalyses, index results, or reports, which is either contained within, gleaned through, derivedfrom, captured by, or generated by your use of the Services or the Uploaded Content(Derivative Materials).
    4. You acknowledge and agree that Vocul exclusively and unconditionally owns all IntellectualProperty Rights in all the Materials and Derivative. You acknowledge and agree that to the extent that you have Moral Rights in any of the Derivative Materials and any related documents or materials, you will provide a Moral Rights Consent to Vocul.
    5. Vocul does not grant you any other rights whatsoever in relation to the Material and/or theDerivative Materials unless expressly stated herein. All other rights are expressly reserved by Vocul.
    6. Vocul grants you a revocable, limited, non-exclusive, royalty free license to access and use theServices for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Subscription Fees. You may read and copy the Material to 9the extent necessary to use the Services, but you may not publish, resell or sub-licence it.
    7. For purposes of these Terms, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).
    8. Subject to these Terms, you hereby grant to Vocul and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose. All goodwill related to the use of any Marks will inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines, or negatively impacts, or disparages the Mark.
  13. Privacy

    Vocul takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to the Privacy Policy at www.vocul.com.au.

  14. General Disclaimer
    1. Vocul is a platform that facilitates the connection between Business Users and Personal Users. As such, Vocul is not liable for any loss or damage (including consequential loss or damage):

      1. arising from any carelessness, dishonesty, lack of skill or any negligence by the candidates applying to the Job Advertisements through their Personal Account; and
      2. if Business Users are unable to find any suitable candidates through the use of theWebsite and/or Service.
    2. You acknowledge and agree that Vocul does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
    3. Nothing in the Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (or any liabilityunder them) which by law may not be limited or excluded.
    4. If you are not a Consumer (under the Australian Consumer Law), you agree that Vocul has no direct or indirect liability (including in negligence) to you in any way related to your use of theWebsite or the Services.
    5. If you are a Consumer (under the Australian Consumer Law), Vocul limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under theAustralian Consumer Law.
    6. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
    7. Use of the Website and the Services is at your own risk. The Website and the Services of Vocul, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party 10content providers or licensors of Vocul (including any third party where the Services are made available to you) make any express or implied representation or warranty about its Material and the Services of Vocul) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, orany related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website and the Services;
      4. the Material or operation in respect to links which are provided for the user’s convenience;
      5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
      6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  15. Liability
    1. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Vocul make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:

      1. failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its services related products (including third party material and advertisements on theWebsite);
      3. costs incurred as a result of you using the Website, the Services or any of the products and/or services of Vocul;
      4. a suspension of your account due to your breach of the Terms;
      5. the Services or operation in respect to links which are provided for your convenience; and
      6. harm resulting from the violation of or alleged violation of any applicable employments laws, codes, rules and regulations in the provision of the Services.
    2. In all cases, our liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the amount paid by you for the Subscription Fees (if applicable).
    3. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
    4. You agree and acknowledge that Vocul, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
    5. You agree and acknowledge that Vocul holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website.
  16. Force Majeure
    1. Force Majeure means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms(other than an obligation to make a payment). Such circumstances include but are not limited to:

      1. acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mudslides, washaways, explosions, fires and any natural disaster;
      2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage,sabotage and revolution;
      3. disease and a pandemic; and
      4. failure of internet and telecommunication services.
    2. Vocul will be excused from and not liable for any delay or failure in performance here under, other than the payment of money, caused by reason of a Force Majeure event.
  17. Indemnity
    1. You agree to indemnify Vocul its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:

      1. any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
      2. your breach of the Terms, including any misuse of the Materials; or
      3. any activity which you engage in on the Website or through Vocul, including the Content.
    2. This indemnity will survive termination of the Terms
  18. Termination of Services
    1. The Terms will continue to apply until terminated by either you or by Vocul as set out below.
    2. If you want to terminate the Terms, you may do so by:

      1. providing Vocul with a written notice at any time of your intention to terminate to Vocul at support@vocul.com.au; and
      2. closing your accounts for all of the Services which you use where Vocul has made this option available to you.
    3. Your elected termination will be effective upon receipt of the notice of your intention to terminate by Vocul.
    4. Vocul may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;
      2. Vocul is required to do so by law;
      3. the partner, if any, with whom Vocul offered the Services to you has terminated its relationship with Vocul or ceased to offer the Services to you;
      4. Vocul is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the Services;
      5. the provision of the Services to you by Vocul is, in the opinion of Vocul, no longer commercially viable;
      6. if you have used the Services:

        1. in breach of any law;
        2. in a way that is misleading or deceptive;
        3. in a way which is unreasonable as determined by Vocul at its absolute discretion; or
        4. in a manner which can or does bring Vocul into disrepute or could damage Vocul’s reputation as determined by Vocul at its absolute discretion.
    5. Subject to local applicable laws, Vocul reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of theTerms or any applicable law or if your conduct damages Vocul’s name or reputation or violates the rights of those of another party.
    6. Upon the termination of your Account, all of the legal rights, obligations and liabilities that you and Vocul have benefited from, been subject to (or which have accrued over time whilst theTerms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely
  19. Dispute Resolution
    1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal orCourt proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

      1. a party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
      2. on receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to 13resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
      3. if for any reason whatsoever, twenty-one (21) days after the date of the Notice, theDispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of theAustralian Mediation Association or his or her nominee.
      4. the Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.
      5. it is agreed that the mediation will be held in Sydney, New South Wales.
      6. for the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.
      7. all communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
      8. If thirty (30) days have elapsed after the start of a mediation of the Dispute and theDispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
      9. in the event that the Dispute is not resolved at the conclusion of the mediation, eitherDispute Party may institute legal proceedings concerning the subject matter of theDispute thereafter.
  20. Venue and Jurisdiction

    In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

  21. Governing Law and Jurisdiction

    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

  22. Notice
    1. Vocul may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Vocul to you by email will be deemed to have been properly given on the date Vocul sends the email, regardless of whether you have received the email.
    2. Unless specified otherwise, any notices provided by you to Vocul must be in writing and sent to support@vocul.com.au.
  23. Independent Legal Advice

    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  24. Entire Agreement

    These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

  25. Severance

    If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.

  26. Waiver
    1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
    2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
    3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under thisAgreement does not amount to a waiver.
  27. Assignment
    1. Vocul may assign or transfer its rights or obligations under the Terms without your consent.
    2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Vocul. A purported assignment without written consent will be deemed to be void and convey no rights.
  28. Contact

    If you wish to notify us about anything relating to these Terms, please contact us at support@vocul.com.au.