These Terms of Use are a legal agreement that govern your use of the services and products provided by By applying, using or continuing the use of the iFolio you indicate and acknowledge and agree to be bound by the conditions of this agreement.
This agreement only covers services and products supplied by iFolio.
It is your responsibility to ensure that any applied package application is completed and activated ready for full use. We may delay or refuse activation if:
1. We believe the order, information or payment is fraudulent.
2. There is any other reason which we deem satisfactory.
Loss of Service
iFolio will endeavour to maintain network and server stability and satisfactory service levels, however:
1. We may from time to time perform routine maintenance and upgrades.
2. We may experience outages beyond out control.
3. We may at our discretion provide notification of an outage.
4. You release iFolio from any claim with relation to outages and loss of business or service.
Cancellation of Account
We may suspend or cancel your service if:
1. You fail to comply with any provision of this agreement.
2. There is evidence of fraudulent, illegal, defamatory or offensive activities.
3. We deem your use of our services may jeopardise the operation of iFolio.
Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
1. Any injury to person or property caused by any products sold or otherwise distributed in connection with iFolio.
2. Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party.
3. Any breach of any representation or warranty provided herein.
4. Any negligence or wilful misconduct by you.
5. Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets.
6. Any defective products sold to customers from our server.
By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify iFolio.
Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by iFolio, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
If you are living or working in Western Australia, you are not permitted to use this site but you can join the ANF in Western Australia to gain access to the iFolio created for users from Western Australia.
Changes to Terms and Conditions reserves the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective the day of their updated posting in the Terms and Conditions. Your continued use of the Service after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use the Service.