Terms and Conditions

This document comprises the terms and conditions under which data is provided to clients of John Roger Farland, trading as Pacific Commercial Reports.

PCR is, for the purpose of these Terms and Conditions, the business name, Pacific Commercial Reports (ABN 43 130 927 705). 

The definition of client includes any individual or partnership, company, corporation or firm, organization, association or society, government department or government instrumentality that requests or obtains data or other information from John Roger Farland. 

The client acknowledges and accepts these Terms & Conditions when agreeing to use the services of John Roger Farland, trading as Pacific Commercial Reports.

Nothing in these Terms & Conditions excludes or limits liability for breach of any condition or warranty implied by the Trade Practices Act that cannot be excluded or limited.

Copyright

The information provided is copyright. You may use the information for your own reference only. Except for the temporary copy held in a computer’s cache and a single permanent copy for your reference, the data may not be otherwise used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part without the prior written approval of John Roger Farland.

Correctness of Information

The information supplied is not guaranteed as to correctness and no warranty is provided in that regard by John Roger Farland, his officers, agents, associates or employees. While all information is provided in good faith, John Roger Farland does not guarantee the correctness of the information. The client acknowledges that while information, opinions and advice supplied are obtained from third parties deemed to be reliable, John Roger Farland can not guarantee the correctness, completeness or reliability of such information. 

The subscriber further acknowledges that provision of credit and other business decisions require utmost discretion and undertakes to obtain information from other available sources and not to give credit or otherwise act in sole reliance upon any information supplied by John Roger Farland.

John Roger Farland excludes all liability in any course of action whatsoever for loss or damage arising out of or in connection with any decision made using information supplied including without limitation, loss, profits and damage suffered as a result of claims by any third person or subscriber. 

Privacy

Any written or oral information provided by John Roger Farland shall be kept in strict confidence and shall not be supplied to any other entity, including any company, person or persons that are the subject of the written or oral information. The client will not obtain or attempt to obtain any information from John Roger Farland on behalf of another person unless so authorized by the express written consent of John Roger Farland. The client shall indemnify John Roger Farland, his officers, agents or associates against any loss, action or damage that may be suffered as a consequence of the failure to comply with this condition.

Payment

Products and services shall be paid for as agreed and if the client is in default of payment terms then the whole amount owing for the products or services shall become immediately due and payable. The types of products or services shall be subject to change at the discretion of John Roger Farland.

Responsibility for payment for any information obtained by the client using access codes, user ID or passwords provided by John Roger Farland shall rest entirely with the client.

Goods and Services Tax

Where goods and services tax, or any similar tax applies to products or services supplied to the client by John Roger Farland, the client will pay such tax or reimburse John Roger Farland for any tax paid or payable.

Cessation of Services

Services may be suspended at any time by John Roger Farland where the client has breached any of the terms or conditions in this agreement. John Roger Farland may also suspend services at any time for the purpose of maintenance of facilities. John Roger Farland will do his utmost to honour the delivery time for products and services. However, liability can not be invoked for delays or deficiencies due to elements or events beyond the control of John Roger Farland.

Viruses

Whilst John Roger Farland takes reasonable steps to ensure that electronic information is supplied free of any virus he does not provide any warranty that the information is virus-free. The client indemnifies John Roger Farland against any loss or damages resulting from any virus. It is the duty of the client to scan any information received from John Roger Farland before integrating that information into any computer system.

Other

The client accepts responsibility for all information issued by the client to John Roger Farland and agrees to indemnify John Roger Farland against any liability in relation thereto. 

The client cannot assign its rights and obligations under any agreement including these terms and conditions without prior written consent of John Roger Farland (which may not be unreasonably refused).

The interpretation, construction and performance of these terms and conditions are governed by the laws of New South Wales. John Roger Farland and the client submit to the jurisdiction of the Courts of New South Wales and of Australia, having jurisdiction in that State.