Terms & Conditions

About the Website

1. Welcome to Kredence Global, the Website allows you to access and use the Kredence Global information and Services.
2. The Website is operated by Kredence Global Pty Ltd, ACN/ABN 94 625 338 445. Access to and use of the Website, or any of its associated products or Services, is provided by Kredence Global Pty Ltd. Please read these Terms and Conditions (T&C) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the T&C. If you do not agree with the T&C, you must cease usage of the Website, or any of Services, immediately.
3. Kredence Global Pty Ltd reserves the right to review and change any of the T&C by updating this page at its sole discretion. When Kredence Global Pty Ltd updates the T&C, it will use reasonable endeavours to provide you with notice of updates to the T&C. Any changes to the T&C take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the T&C for your records.

Acceptance of the Terms and Conditions

You accept the T&C by remaining on the Website. Where the option is available in the user interface, you may also accept the T&C by clicking to accept or agree to the T&C.

About the Service

1. Kredence Global is an employment agency for hiring offshore virtual assistants.
2. Full time, part time and casual accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate T&C which apply specific to the account. Where special account-specific T&C apply, you will be informed, and must accept those T&C before you are given such an account. For the avoidance of doubt these T&C apply unless otherwise agreed or amended by account-specific T&C.
3. Some accounts may be governed by a separate Software Licensing Agreement with Kredence Global Pty Ltd, which may amend the T&C of use. For the avoidance of doubt these T&C apply unless otherwise agreed or amended by the T&C of an applicable Software Licensing Agreement.

Acceptable use of the Service

1. Kredence Global, its related features, and website must only be used lawfully. Kredence Global Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
   
   1. To engage in any act that would disrupt the access, availability, and security of Kredence Global and other Kredence Global Pty Ltd services, including but not limited to:
      1. Tampering with, reverse-engineering, or hacking our servers.
      2. Modifying, disabling, or compromising the performance Kredence Global or other Kredence Global Pty Ltd services.
      3. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
      4. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Kredence Global Pty Ltd.
2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. To stalk, harass or threaten users and any member of the public.
4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Kredence Global Pty Ltd or any third party.
5. To access or search any part of the Service, or any other Service owned by Kredence Global Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
6. To post, upload, share, or otherwise circulate content in violation of Kredence Global’s content policy

Security and Data Privacy

Kredence Global Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Kredence Global Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Kredence Global Pty Ltd’s processes, policies, and obligations in respect of Kredence Global security breaches.

Data Use

Kredence Global Pty Ltd collects, stores, and processes your data on Kredence Global. The data is used to provide Services to you, as well as to facilitate Kredence Global Pty Ltd’s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Kredence Global Pty Ltd. The Privacy Policy also addresses Kredence Global Pty Ltd’s processes, policies, and obligations in respect of data encryption and removal requests.

Subscription to use the Service

1. In order to access the Services, you must pay the applicable fees for the selected Service. After purchasing a Service, you will be considered a member (‘Member’).
2. In purchasing the Service, you acknowledge and agree that it is your responsibility to ensure that the Service you elect to purchase is suitable for your use.
3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address and direct debit details.
4. You warrant that any information you give to Kredence Global Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
5. Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the T&C. As a Member you will be granted immediate access to the Services from the time you have paid all the fees until the Service period expires.
6. You may not use the Services and may not accept the T&C if:
   1. You are not of legal age to form a binding contract with Kredence Global Pty Ltd or
   2. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services

Payments

1. Subject to the T&C of any applicable Software License Agreement, the Service Fee may be paid by all payment methods available on the Website, and may change from time to time.
2. Payments made in the course of your use of Kredence Global may be made using third- party applications and services not owned, operated, or otherwise controlled by Kredence Global Pty Ltd. You acknowledge and agree that Kredence Global Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the T&C and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Kredence Global services.
3. You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
4. You agree and acknowledge that Kredence Global Pty Ltd can vary the Service Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Service.

Refund Policy

1. Kredence Global Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these T&C and conditions. Any benefits set out in these T&C and conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
2. Kredence Global Pty Ltd will only provide you with a refund of the Service Fee in the event they are unable to continue to provide the Services or if the manager of Kredence Global Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Service Fee that remains unused by the Member.

Copyright and Intellectual Property

1. The Website, the Services and all of the related products of Kredence Global Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (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 Kredence Global Pty Ltd or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Kredence Global Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
   1. Use the Website pursuant to the T&C.
   2. Copy and store the Website and the material contained in the Website in your device’s cache memory and
   3. Print pages from the Website for your own personal and non-commercial use.
3. Kredence Global Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kredence Global Pty Ltd.
4. Kredence Global Pty Ltd 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:
   1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
   2. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
   3. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
5. You may not, without the prior written permission of Kredence Global Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these T&C. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

General Disclaimer

1. Nothing in the T&C limits or excludes any guarantees, warranties, representations 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.
2. Subject to this clause, and to the extent permitted by law:
   1. All T&C, guarantees, warranties, representations or conditions which are not expressly stated in the T&C are excluded and
   2. Kredence Global Pty Ltd 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 T&C (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.
3. Use of the Website and the Services is at your own risk. 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, contributors and licensors of Kredence Global Pty Ltd make any express or implied representation or warranty about the Services or any products 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:
   
   1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, 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.
   2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website).
   3. Costs incurred as a result of you using the Website, the Services or any of the products of Kredence Global Pty Ltd and
   4. The Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

1. Kredence Global Pty Ltd’s total liability arising out of or in connection with the Services or these T&C, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
2. You expressly understand and agree that Kredence Global Pty Ltd, its affiliates, employees, agents, 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.

Termination of Contract

1. The T&C will continue to apply until terminated by either you or by Kredence Global Pty Ltd as set out below.
2. If you want to terminate the T&C, you may do so by:
   1. Providing Kredence Global Pty Ltd with 15 days’ notice of your intention to terminate and
   2. Closing your accounts for all of the services which you use, where Kredence Global Pty Ltd has made this option available to you.
3. Any notices pursuant to Clause 13.2 above should be sent, in writing, to Kredence Global Pty Ltd via the ‘Contact Us’ link on our homepage.
4. Kredence Global Pty Ltd may at any time, terminate the T&C with you if:
   1. You have breached any provision of the T&C or intend to breach any provision.
   2. Kredence Global Pty Ltd is required to do so by law.
   3. The provision of the Services to you by Kredence Global Pty Ltd is, in the opinion of Kredence Global Pty Ltd, no longer commercially viable.
5. Subject to local applicable laws, Kredence Global Pty Ltd reserves the right to discontinue or cancel your Service or Account at any time and may suspend or deny, 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 T&C or any applicable law or if your conduct impacts Kredence Global Pty Ltd’s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Kredence Global Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. 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 content.
2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and/or
3. Any breach of the T&C.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the T&C, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the T&C claiming a dispute has arisen under the T&C, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice by that other party, the parties to the T&C must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute.
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
4. The mediation will be held in Sydney, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Kredence Global Pty Ltd 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.

Governing Law

The T&C are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the T&C and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, not with standing mandatory rules. The validity of this governing law clause is not contested. The T&C shall be binding to the benefit of the parties here to and their successors and assigns.

Severance

If any part of these T&C is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the T&C shall remain in force.

Disclaimer:

All care is taken in the preparation of the information and published materials on this site. Kredence Global does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Kredence Global will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
If you have any concerns regarding the content of the Website, please contact Kredence Global.