In these terms and conditions, “we” “us” and “our” refers to OTS Corporate Trading. Your access to and use of all content on this website is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
- We reserve the right to prevent you using this website at any time if you breach these terms and conditions.
- Our information is intended to be used by registered users within Australia only.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
- The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
- We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
For more information email us direct via firstname.lastname@example.org.
Terms and Conditions – Services
1.1. In these conditions:
OTS means OTS Corporate Trading ABN 483 0366 8559 and its related bodies corporate within the meaning of that expression in Section 9 of the Corporations Act 2001 carrying on business in their own names and under any business names and their officers, servants, agents and Sub-Contractors.
‘Preferred Supplier’ means any Person OTS arranges to provide Goods and/or Services; and any Person who is a servant, agent, employee, forwarder, transport company or sub-contractor of OTS.
‘Person’ includes any person, firm, corporation, governmental authority or state or federal government.
‘Services’ means the whole of the operations and services undertaken by OTS and OTS Preferred Suppliers in anyway whatsoever connected with its undertakings, including technology and IT Services provided by OTS.
‘Goods’ mean the goods accepted from the Sender with any container, packaging or pallets supplied by or for the Sender.
‘Charges’ mean OTS’s quoted charges for Services calculated under its rates agreements or other agreed rates or the charges in and any tax invoice including a goods and services tax (“GST”) levied directly on a transaction or supply under these conditions.
‘Sender’ includes, Suppliers and in the event of storage, the Storer. ‘Client’ is the person for whom OTS has organised or facilitated the provision of Goods and/or Services. ‘Trade Credit’ means a cost offset or discount applied to the OTS invoice
2. Services Basis
2.1. OTS is not a primary provider of services and does not accept any liability of goods or services provided by any Preferred Supplier or others. The Client hereby agrees to indemnify and hold harmless OTS, its shareholders, officers, agents, employees, sub-distributors of the Goods and/or each of them (collectively referred to as the “Indemnified Party”) from and against any and all loss, claims, demands, actions, damages and/or expenses.
2.2 It is therefore the responsibility of the Client to organise their own insurance to cover their goods.
It is also the responsibility of the client to ensure that such insurance is suitable to the terms in relation to the services offered in these, and the nominated or Preferred Suppliers terms and conditions.
2.3. OTS relies on the details supplied to it and cannot verify and does not admit their accuracy or completeness and a signature by OTS is only an acknowledgment for the number of items received.
2.4 OTS’s Standard Terms and Conditions will be read in conjunction with and may be subject to any/all other provider of goods and/or services Terms and Conditions affecting a supply.
2.5 The Client will make available to OTS all information as may be required to enable Process reviews, Reports and Submissions, conduct analyses and similar. All such information will be retained in confidence for a period of five (5) years except where such information is in the public domain.
3. Allocation of Services
3.1 The OTS Preferred Supplier will be appointed to provide the agreed services for the OTS Client once they have been approved be the OTS Client
4.1 In almost all instances, OTS’s Preferred Suppliers will provide services directly to and will communicate directly with the Client in all operational matters.
4.2 A variation to 4.1 will apply if the client has requested OTS to facilitate and/or book or order a good or service on their behalf. It is agreed by OTS and the Client that such requests are actioned or carried out by OTS with the full approval and support of the client.
4.3 Periodic service reviews will be conducted in line with the OTS service policy and Client service needs.
4.4 Billing for services performed by OTS Rreferred Suppliers will be provided on a weekly basis by OTS, to Client.
4.5 Where agreed such billing may be subject to an OTS Trade Credit.
4.6 OTS fees and charges shall be considered fully earned as soon as the advice, report, analysis, representation or service is made and shall be payable within seven (7) days of presentation of OTS invoice whether accepted or not and under no circumstances refundable.
4.7 OTS and its Preferred Suppliers will not be responsible for any service issues, loss or damage of goods or property which may arise due to Preferred Suppliers or Client actions.
4.8 Client will therefore arrange its own insurance.
5. Consultancy Services
5.1 OTS Consultancy services scope of engagement, fees and fees payment will be agreed before any advice is given. Where advice is given prior to such agreement and the client acts upon that advice then the client will pay to OTS the fee determined by OTS to be reasonable.
5.2. OTS Proposals, concepts, processes, systems, schedules, tables, reports and statistical data provided will at all times remain the property of OTS. The client will at all times hold all such information in confidence and take all steps necessary to ensure that all employees, directors, servants and agents will keep all such information in confidence.
6.1 OTS hereby grants to the client a non – transferable and non – exclusive license to use such confidential information in connection with its business for the length of the Agreement/contract period and until terminated by either party pursuant to the agreement. The client shall only use such information in accordance with the operating procedures provided and shall not authorize or permit that confidential information to be used by any other person or organization. The client shall not reproduce or copy the confidential information without prior written consent from OTS. The fee payable shall include a once only license fee payable in respect of such confidential information. OTS shall not be obliged to update any information or advice provided to the Client.
6.2 The license Agreement provided by this Agreement, may be terminated at any time by OTS where the client has not paid fees due, or there is another breach of this Agreement by the Client. Where OTS has terminated the license then it shall be entitled to obtain injunctive relief against the Client preventing it from using that information in any part of its business. In addition, OTS shall be entitled to claim all losses and damages sustained by it and attributable to breaches by the Client.
7.1 To the extent permitted by law all warranties express or implied are hereby excluded. To the extent that those warranties cannot be excluded the parties agree that the liability of OTS is limited to the cost of re supplying the advisory service.
7.2 Notwithstanding the role of OTS the provision and or offer of goods and/or services or use of goods and/or services will remain solely between the primary providers of those goods and/or services and the users of such goods and/or services as also referred to in item 2.2.
8. Law and Jurisdiction
8.1 References to any party the subject of this Agreement or any other agreement or instruction shall include the party’s successors and permitted assigns.
8.2 This Agreement will be governed by and interpreted in accordance with the laws of the state of New South Wales, Commonwealth of Australia.