Impac Terms and Conditions
The use of these documents: Impac’s website provides document templates intended for use by small to medium sized businesses throughout Australia. The nature of these documents are that they are not suitable for personal, domestic or household use or consumption and should not be used by any person for that purpose.
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 Impac’s website and download documents then Impac will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Impac’s rights and obligations to each other.
Amendment of Terms: Impac reserves the right to change these terms and conditions of use 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 documents on the website.
Impac Does Not Give Legal Advice: Whilst the documents and information has been prepared by experienced legal practitioners in the fields of employment, commercial and corporate law Impac is not a legal practitioner and is not an incorporated legal practice. This website is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful documents, links and information.
Consult Your Legal Practitioner: Impac is not a law firm. Impac strongly recommends that before you use any document that you download from our website, that you obtain legal advice on your particular circumstances and the suitability of the document to meet your requirements. Both the documents and the information we provide must necessarily be general and may not cover every situation that might arise.
Different Laws and Changes to the Law: The law may be different in each state and territory of Australia. Also, the law regularly changes. Whilst Impac tries to keep up to date with these changes, this is not always practically possible and updates may not be immediate. As stated above, Impac recommends that you always consult your legal practitioner before using any documents downloaded from Impac’s website.
Limitation On Impac’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). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to you using Impac’s website that you agree and accept that Impac is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Document Previews: Previews are available for most of Impac’s documents. A preview consists of the first third of your document. As this is the case, previews are not available for documents under three pages in length.
Links To Other Websites: Impac 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 Impac and the owners of those websites. Impac takes no responsibility for any of the content found on the linked websites. Impac’s website may contain information provided by third parties. Impac accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act 2010 (Cth): Impac provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and Impac 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 Impac relies on Section 64A of the Competition and Consumer Act. In that respect, Impac’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 Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law, Impac absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Impac gives no warranty that the documents will be free of errors, or that defects will be corrected, or that Impac’s website or its server is free of viruses or any other harmful components. Impac 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 Impac to bear any costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties and in that event those exclusions do not apply and shall be deemed excised from these standard terms.
Business Consumers Only: The website has been designed and created to meet some of the needs of small to medium sized enterprises. It has not been designed to be used with publicly listed companies or created for personal, household or domestic purposes.
Third Parties Can Not Use Your Information: Impac does not sell or deal in personal or customer information. Impac 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. Impac may use the information that you provide to improve its website and its services.
Impac May Disclose: Impac may disclose information in good faith and where Impac 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 Impac, 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: This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and Impac that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.
PAYG pricing: Pay Per Document pricing is shown once you register and login to your free account.
Copyright And Restriction of Use: You are not permitted to reproduce the documents, information or materials on the Impac website for the purposes of conducting a business competitive with or similar to the business of Impac. 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 Impac. 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. Impac 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 Impac’s website. If you breach Impac’s trade marks then Impac reserve the right to take action against you.
Exclusion of Competitors: If a principal part of your business is the retail sale or use of document templates in electronic form to users in respect to their business, then you are a competitor of Impac. Impac expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Impac will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Impac reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Whole Agreement: These terms and conditions represent the whole agreement between you and Impac concerning your use and access to Impac’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 by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The 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 and conditions.
Impac Works Plan Contract
The below terms are only applicable to you if you enter into a Impac Works Plan. They are in addition to those terms above.
A Works Plan Contract is formed once you agree to these terms and conditions and your first payment is received by Impac Pty Ltd. All Works Plan Contracts run for a minimum of 12 months and continue until you request a Cancellation.
Pricing: All Works Plan prices are shown in Australian dollars ($AUD) and do not include 10% GST. Works Plan payments must be received in Australian currency. We reserve the right to amend our Works Plan prices from time to time. Users outside Australia are not required to pay the 10% GST.
Payment: Payment of your Impac Works Plan is due in advance of any work being produced. If the payment method for your Impac account is by credit or debit card and payment is not received by Impac from the card issuer or its agents, you agree to pay all amounts due upon demand by Impac. Each time you use Impac, or allow or cause Impac to be used, you agree and reaffirm that Impac is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Impac, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
Cancellation: If you enter into a Impac Pro Works Plan, and chose to cancel the Works Plan within 12 months of commencement one of the following will apply to you;
(i) If the retail price of all documents you have completed during your Works Plan exceeds the amount you have spent on Works Plan payments you agree to pay the retail price of all documents you have completed less the value of Works Plan payments.
(ii) In the event where your expense on documents does not exceed your expense on Works Plan payments there will be no additional payment necessary.
If you enter into a Impac Pro Works Plan, and chose to cancel the Works Plan after 12 months of commencement no additional payments apply and your Works Plan will be ended at the end of the payment period in which notification was received by Impac Pty Ltd.
Any requests for cancellation or account enquiries should be sent to admin@Impac.com.au.
Works Plan Credit Card Details: Credit Card Details for Works Plan users are stored on our secure servers for the purposes of charging the monthly Works Plan fee. Upon cessation of your Works Plan all details will be deleted and no longer stored.
Conflicting Conditions: Where there is a conflict between Impac’s standard Terms and Conditions and the Works Plan Terms and Conditions, the Works Plan Terms and Conditions will apply.