Notice

Please read these terms and conditions carefully. By accessing this website, www.rimdoctor.com.au, ("Website"), you agree to be bound by the terms and conditions below (“Terms”). If you do not agree to the Terms below, do not access this Website.

Ownership

his Website is the property of Bettington Enterprises Pty Ltd ACN 127 570 781 trading as “Rim Doctor” of PO Box 578, Sandgate, Qld 4017 ("Rim Doctor").

Copyright © CIMS 2009. All rights reserved

All intellectual property rights in and to this Website and any intellectual property including but not limited to:

1. copyright, registered or unregistered trade marks, registered or unregistered or unregistrable patents and Rim Doctor’s Confidential Information associated with this Website;
2. in the screens displaying the webpages;
3. in the information and material in it; and
4. in their arrangement and compilation ("Material"),

is owned by Rim Doctor unless otherwise indicated.

Permitted Downloads

You may download a single copy of the Material where necessary for reference purposes or keep a temporary copy in your computer's cache to make a single hard copy of the Material (“Copies”). The Copies and such other use or copy of the Material as is otherwise expressly authorised by these Terms may only be used for the purposes specified in this Website but not otherwise (“Purpose”). Unauthorised use of the Material will be a breach of these Terms.

Privacy

By providing its service, Rim Doctor will be given access to your organisational information which may include but is not limited to, procedures, know how, trade secrets, financial and marketing information relating to your organisation or the Products sold by you (“Products”), your client lists, customer information, software and other development data, (in any medium), details relating to the Products, your computer systems and Product infrastructure and the manner in which it is configured and maintained which will be defined for the purposes of this Agreement to be “Your Confidential Information” and Rim Doctor agrees that:

1. Rim Doctor will keep the Your Confidential Information and any developments, improvements or variations to Your Confidential Information confidential and not disclose Your Confidential Information to any person;

1. Rim Doctor may not use the Your Confidential Information for their own benefit or that of any third party;

1. any disclosure of Your Confidential Information by an employee or a person with whom or with which Rim Doctor is or are directly or indirectly associated with or related to will be deemed to be a breach by the Rim Doctor of this clause;

1. the burden of showing that any information is not Your Confidential Information will rest on you; and

Rim Doctor undertakes that they will not permit any of its employees or any other person to do any act, manner of thing which, if done by them that, would constitute a breach of these Terms.

Provision of the Services

Rim Doctor warrants that the Services are provided in accordance with Rim Doctor’s interpretation and understanding of the international and Australian Standards regulating information and documentation records and management. 

Standard Services Only

1. You agree that because of the nature of the Website, there are standard services provided by Rim Doctor on this Website for which different charges apply and that depending on your particular needs, you are required to choose the level of service or services that suit your needs (“Services”).  Rim Doctors will use its best endeavours to provide the Services as accurately and as comprehensively as possible in accordance with the level of the Services chosen by you from the Website but does not warrant that they will be other than standard Services and not necessarily customised for you. 
2. You warrant that you have:
3. searched and understood the information that will be provided by Rim Doctor to you in the relevant level of Services chosen by you by first ustilising the sample service available on this Website;
4.  viewed, fully tested and understood the different levels of Services available on this Website;
5. understood that if you choose a level of Services which does not provide you with the information or service to suit your purposes, Rim Doctor will not be obliged to re-supply the Services to you free of charge; and
6. understood and agreed to pay the relevant charges for those Services chosen by you.

Changes to Standard Services at any Time

You acknowledge and agree that Rim Doctor may change the content of the Services, the number and level of Services and the relevant charges for that or these Services available to you or any other person or at any time from time to time without notice to you PROVIDED you have not already chosen and paid for the Services you require to be provided to you by Rim Doctor.

Consultancy Services Available to You

Rim Doctor has the capacity to provide special consultancy services which are especially tailored to your needs and customised to your requirements (“Consultancy Services”) which would be provided to you by separate agreement and not under these Terms and such Consultancy Services must be negotiated with Rim Doctor on a daily rate and on a case by case basis with all fees and expenses associated with the Consultancy Services payable by you for such Consultancy Services.

No Warranty under these Terms

The Material, including text, graphics, links or other items on this Website, are provided "as is" and "as available". Rim Doctor does not warrant the accuracy, adequacy or completeness of the Material and to the extent permitted by law, expressly disclaims liability for errors or omissions in the Material. Except for warranties which cannot be excluded at law, no warranty of any kind, implied, express or statutory including but not limited to, the warranties of non-infringement of third party rights, title and freedom from computer virus, is given in conjunction with this Website and the Material. 
Rim Doctor believes that the content of this Website is accurate, complete and current but there are no warranties as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information contained within the material before relying on it. The content of this site may include technical inaccuracies or typographical errors.

Links

This Website may contain links to websites controlled or offered by third parties (non-affiliates of Rim Doctor) (“Links”).  These Links are provided for your convenience only.  Rim Doctor disclaims liability for any information, materials, products or services posted or offered at any of the Links. By creating a Link to a third party website, Rim Doctor does not endorse or recommend any products or services offered or information or material contained at that Link, nor is Rim Doctor liable for any failure of products or services offered or advertised at those Links. Your access to the Links is done at your own risk.  Such third parties may have a privacy policy that may be different from that of Rim Doctor and the Link may provide less security than this Website.

Limitation of Liability

To the maximum extent permitted by law, in no event will Rim Doctor be liable for any losses or damages, including without limitation direct or indirect, special, incidental, consequential or punitive damages, losses or expenses arising in connection with this Website or Links or use thereof or inability to use by you or any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Rim Doctor or its representatives are advised of the possibility of such damages, losses or expenses. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Rim Doctor’s option to replacement or re-supply of goods or services or payment for the same.

Rim Doctor is a service that provides online assessment of your organisation’s records and information management. The assessment is merely an opinion for recommendation and is solely up to you to determine whether such recommendation is to be used for your organisation.  For this reason, you should, before acting on the assessment, consider the appropriateness of the information, have regard to your individual or organisation’s objectives, financial situation and needs and, if necessary, seek appropriate professional advice.  Under no circumstances will Rim Doctor be liable for any recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of the Materials, information or services, or the failure to provide the Materials, information or services, on or from the Website.

Availability & Governing Law

This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any local, State, Federal or national law or regulation.  These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and of other courts of Australia.