9.1 You must pay us any overdue amounts, which are due else penalties apply for recovery.
9.2 If any payment is overdue, you must pay or reimburse us for any reasonable costs or
expenses we incur as a consequence or in seeking to recover payment. Recovery costs and
expenses include but are not limited to – fees and commission charged by debt recovery
agents; and legal fees.
9.3 RPL Express may, without seeking your consent, assign any debt owed to it by you, to a
debt recovery agencies. If the debt is assigned, you will be liable to pay the debt recovery
agents directly, and may be liable for any additional charges or fees charged or incurred by third parties.
10. Copyright and Intellectual Property
10.1. The Website, the Services and all of the related products of RPL Express are subject to
copyright. The material on the Website is protected (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the Services are owned or controlled for these purposes,
and are reserved by RPL Express or its contributors.
10.2. You are permitted to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s
cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
10.3. RPL Express does not grant you any rights in relation to the Website or the Services
other than those specified in 10.2 above.
10.4. RPL Express retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
(c) a thing, system or process that is the subject or copyright (or modification of such a thing,
system or process), to you.
10.5. You may not, without the prior written permission of RPL Express and the permission
of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit,
post, distribute, adapt or change in any way the Services or third party Services for any
purpose, unless otherwise provided by these Terms. This prohibition does not extend to
material on the Website which is freely available for re-use or are in the public domain.
11. Collecting Personal Information
11.1. Personal information of visitors to our site is collected only when knowingly and
willingly submitted. For example, we may need to collect such information to provide you
with further services or forward any requests or enquiries. It is our intention that our policies
will protect clients personal information from being dealt with in any way that is not
consistent with applicable privacy laws in Australia.
11.2. We attempt to ensure the security, integrity and privacy of personal information
submitted on our website, and we shall review and update our security measures to keep up
with current technologies. Regrettably, no data transmission over the Internet can be
guaranteed to be totally secure.
11.3. We will endeavour to take rational steps to protect the private information you may
transmit to us or from our online products and services. Once we do receive your data, we
will also make our best efforts to ensure its security at our end.
11.4. As part of registering with us, we collect private information about you in order for you
to take full advantage of our services. To do this it may be necessary for you to provide
additional information to us as detailed below.
11.5. Registration is completely optional. Registration may include submitting your details
such as name, address, email address, phone numbers, option on receiving updates and
promotional material and other information.
11.6. Our web servers may gather your IP address to assist you with the diagnosis of
problems or support issues with our services. Information is gathered in aggregate only and
cannot be traced to an individual user.
12.1. At RPL Express Australia we respect the privacy of every individual who visits our
12.2. RPL Express takes your privacy seriously and any information provided through your
available on the Website.
collection and use of private and personal information you may supply to us through your
conduct on the web site.
12.4. We reserve the right, at our discretion, to amend or remove portions of the Privacy
applicable to the web site. We do not make any illustrations about third party web sites that
may be linked to the web site.
12.5. We provide links to Websites outside of our Websites, as well as to third party sites.
These linked sites may not be under our control, and we do not accept responsibility for the
conduct of other companies linked to our website. Before disclosing your private information
on any other website, we advise you to examine the terms and conditions of using that
Website and its privacy statement.
complaint, please contact us. For further information about privacy issues in Australia and
protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site;
13. General Disclaimer
13.1. Nothing in the Terms limits or excludes any warranties, guarantees, illustrations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
13.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, warranties, guarantees, representations or conditions which are not expressly
stated in the Terms are excluded; and
(b) RPL Express will not be liable for any special, indirect or consequential loss or damage
(unless such loss or damage is reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising
out of or in connection with the Services or these Terms (including as a result of not being
able to use the Services or the late supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3. Use of the Website and the Services is at your own risk. To the extent permitted by law,
everything on the Website and the Services is provided to you “as is” and “as available”
without warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, licensors and contributors of RPL Express make any express or implied
representation or warranty about the Services or any products or Services (including the
products or Services of RPL Express) 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:
(a) failure of performance, omission, interruption, error, deletion, defect, failure to correct
defects, delay in transmission or operation, 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;
(b) the suitability, accuracy or currency of any information on the Website, the Services, or
any of its Services related products (including third party material and ads on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of
RPL Express; and
(d) the Services or operation in respect to links which are provided for your ease.
14. Limitation of liability
14.1. To the extent permitted by law, RPL Express’s total 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, will not exceed the resupply of
the Services to you.
14.2. You expressly understand and agree that RPL Express, its employees, agents, affiliates,
contributors and licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however caused and
under any theory of liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business reputation and any
other intangible loss.
15. Termination of Contract
15.1. The Terms will continue to apply until terminated by either you or by RPL Express as
set out below.
15.2. If you want to terminate the Terms, you may do so by:
(a) providing RPL Express with 12 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where RPL Express has made
this option available to you.
Your notice should be sent, in writing, to RPL Express via the ‘Contact Us’ link on our
15.3. RPL Express may at any time, terminate the Terms with you if:
(a) if you have breached any provision of the Terms or intend to breach any provision;
(b) if RPL Express is required to do so by law;
(c) on thirty (30) days’ notice to you.
15.4. Subject to local applicable laws, RPL Express reserves the right to discontinue or cancel
your access at any time and may deny or suspend, 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 the
Terms or any applicable law or if your conduct impacts RPL Express’s name or reputation or
violates the rights of those of another party.
16.1. To the extent permitted by law, you agree to indemnify RPL Express, its employees,
agents, affiliates, contributors, third party content providers and licensors from and against:
(a) 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 breach of these Terms;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or
(c) any breach of the Terms.
17. Dispute Resolution
If you become aware of any ongoing problems or concerns with our web site or Services
please contact us at firstname.lastname@example.org or Level 1, 72 Haldon Street, Lakemba,
NSW 2195 and we will take your concerns or problems seriously and work promptly to try
and address your concerns.
18. Venue and Jurisdiction
The Services offered by RPL Express is intended to be viewed by residents of Australia. 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 shall be in the courts of New South Wales (NSW),
19. Governing Law
The Terms are governed by the laws of New South Wales (NSW), 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 shall be governed, interpreted and construed by,
under and pursuant to the laws of New South Wales (NSW), Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be obligatory to the benefit of the parties hereto
and their successors and assigns.
20. 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.
If any part of these Terms and conditions are found to be void or unenforceable by a Court of
law and competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.