Lockbox File Upload Facility
DISCLAIMER FOR USE OF ADJUDICATE TODAY LOCKBOX FILE TRANSFER SERVICE (THE SERVICE)
- The service is provided by Adjudicate Today Pty Ltd on an “as is” basis with no warranties of any kind. Adjudicate Today will not be liable for any damages of any kind arising from use of the service.
- Adjudicate Today disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness of the service for a particular purpose.
- Adjudicate Today reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
- Adjudicate Today shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, including any failure to comply with the terms of the Building and Construction Industry Security of Payment Act 1999 (NSW) or the Building and Construction Industry Payments Act 2004 (Qld) or the Building and Construction Industry Security of Payment Act 2002 (Vic) or the Building and Construction Industry (Security of Payment) Act 2009 (ACT) or the Building and Construction Industry Security of Payment Act 2009 (SA) or the Building and Construction Industry Security of Payment Act 2009 (Tas) (the Payments legislation).
- Adjudicate Today does not warrant that the service which it provides will be available at all times and will not be held responsible for any service failure whatsoever. The user (“you”) acknowledge and agree that Adjudicate Today will not be responsible for any failure of the service to store user data, for the deletion of user data stored on the service, or for the corruption of or loss of any data, information or content contained therein.
- You agree that you are responsible for safeguarding your service access controls including, but not limited to, encryption keys, credentials, user name, passwords and the like. You agree not to disclose these or allow them to be disclosed to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorised such activities or actions. You will immediately notify Adjudicate Today of any unauthorised use of your account.
- You recognise and acknowledge that you are the only person who has the knowledge of your encryption keys. You alone have the sole responsibility to ensure that your encryption keys are kept in a safe and secure place. Adjudicate Today shall not be liable for any damages (including damages for not being able to restore data or the disclosure of confidential information) resulting from loss, corruption or compromise of these keys.
- You acknowledge that you are solely responsible to ensure that successful transfer and storage of all information into our data center has occurred.
- Adjudicate Today’s liability to you in relation to any claims relating to the service is limited to one (1) dollar.
- You acknowledge and agree to provide to Adjudicate Today one (1) hard copy of any electronic files uploaded to Adjudicate Today within one (1) business day. If a hard copy is not provided and Adjudicate Today determines in its absolute discretion to print the files, we will take reasonable care to ensure accurate printing of electronic files. However, we make no warranty or representation, express or implied that the printing will be accurate or complete. Therefore Adjudicate Today shall not be liable in any manner whatsoever for direct, indirect, incidental, consequential or punitive damage resulting from errors in the printing of the electronic files. Adjudicate Today shall not be liable in any way for possible errors or omissions in the contents of the printing.
- The cost of the printing will be charged to you at commercial printing rates plus staff time at fifty-five ($55) dollars per hour (including GST) for all time necessary and incidental to the printing.