Snapfile Terms and Conditions
The use of these documents: Snapfile's website (“website”) provides document storage and management throughout Australia.
Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use Snapfile’s website and store documents then Snapfile will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Snapfile’s rights and obligations to each other.
Amendment of Terms: Snapfile reserves the right to change these terms at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the website.
Limitation On Snapfile’s Liability: This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth)(“Act”). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Act, then it is an essential pre-condition to you using Snapfile’s website that you agree and accept that Snapfile is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site from information or from any other use of the website. In short, your use of the website is at your own risk.
Links To Other Websites: Snapfile has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Snapfile and the owners of those websites. The listing of a person, company, or organisation in any part of Snapfile’s website in no way implies any form of endorsement by Snapfile of the products and/or services provided by that person, company or organisation. Snapfile takes no responsibility for any of the content found on the linked websites and such content does not necessarily reflect the views of Snapfile. Snapfile’s website may contain information provided by third parties. Snapfile accepts no responsibility whatsoever for information or advice provided to you directly by third parties. Competition and Consumer Act 2010 (Cth): Snapfile provides all of the Consumer Guarantees contained in the Act to the extent to which they apply to this agreement between you and Snapfile but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then Snapfile relies on Section 64A of the Act. In that respect, Snapfile’s liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Express Disclaimers: Subject to the provisions of the Actand to the fullest extent permitted by law, Snapfile:- (a) absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. (b) gives no warranty that the website will be free of errors, or that defects will be corrected, or that Snapfile’s website or its server is free of viruses or any other harmful components. (c) does not warrant or guarantee that access to its website will be uninterrupted. (d) does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Snapfile to bear any costs of servicing, repairs, or correction.
Third Parties Can Not Use Your Information: Snapfile does not sell or deal in personal or customer information. Snapfile may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Snapfile may use the information that you provide to improve its website and its services.
Snapfile May Disclose: Snapfile may disclose information in good faith and where Snapfile is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Snapfile, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction: These terms and the website are subject to the laws of Victoria, Australia. If there is a dispute between you and Snapfile that results in litigation, then you submit to the jurisdiction of the relevant courts of Victoria, Australia.
Copyright And Restriction of Use: You are not permitted to reproduce the documents, information or materials on the Snapfile website for the purposes of conducting a business competitive with or similar to the business of Snapfile. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of Snapfile. Otherwise you are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. Snapfile expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trademarks, tradenames, graphics or designs that are on Snapfile’s website. If you breach Snapfile’s trademarks then Snapfile reserve the right to take action against you.Whole Agreement: These terms and conditions represent the whole agreement between you and Snapfile concerning your use and access to Snapfile’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included bylaw. All implied terms except those implied by law and which cannot be expressly excluded are hereby expressly excluded.
Compliance with law: You must comply with all laws as well as guidelines of use as are issued by Snapfile from time to time in relation to your access or use of material on the Snapfile website.
Monitoring: Snapfile has no obligation to monitor any users use of the Snapfile website, however Snapfile retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable law be illegal, void, or unenforceable then such a clause shall not apply and shall be deemed never to have been included in these termsThe deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms.
Pricing: All prices are shown in Australian dollars ($AUD) and include 10% GST. Payments must be received in Australian currency. We reserve the right to amend our prices from time to time.
Payment: Payment of your Snapfile fees are due monthly. You agree to pay all amounts due upon demand by Snapfile. Each time you use Snapfile, or allow or cause Snapfile to be used, you agree and reaffirm that Snapfile is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Snapfile, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
Cancellation: You may cancel your Snapfile account at any time via the ‘My Account’ section. Billing will cease immediately. Your access to the Snapfile website may be cancelled at any time by Snapfile without notice if you breach any of these terms or any other legal obligation by you concerning your use of or conduct on Snapfile’s website (“Breach”). You agree to indemnify Snapfile if Snapfile or its related bodies suffer any loss or damage or incur any costs in connection with any Breach by you.