Diligence Disclaimer and Terms and Conditions
- Helix Insights Pty Ltd (Helix) trading as “Diligence” owns and operates this website at https://diligence.helix.legal (the Site).
- References to “we”, “us” or “our” are references to Helix, Diligence and its subsidiaries, associates, and officers unless otherwise stated.
- Reference to “Authorised Purposes” means a purpose directly related to the Site provided that that purpose is not contrary to Law but does not mean data aggregation, data matching, marketing, compilation or mailing lists, list brokering, or any related purpose except to the extent that such data aggregation, data matching, marketing, compilation or mailing lists, list brokering or the like is required under Law (including any obligation under a court order);
- References to “You” or “Your” means an individual, entity or organisation authorised to use the Site.
- Reference to Data Sources are those listed here and which may be updated from time to time (Data Sources).
- The Site is a website where users can obtain access to our records of information for a company’s Queensland Building and Construction Commission (QBCC) licence details, Queensland adjudication decisions, court proceedings, company notices and data from all other Data Sources specified here (Records).
- Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions and your payment of the relevant fees. Your use of, and/or access to the Site, constitutes your agreement to these Terms and Conditions.
2. Our responsibilities
- We provide the Site on a non-exclusive basis and nothing in this agreement prevents us from providing services which are the same or similar to itself or to any third party.
- We will perform the Authorised Purposes:
- in a professional workmanlike manner
- with due care, skill and diligence; and
- in accordance with applicable Laws.
- Where appropriate, we will engage suitably qualified third-party contractors for the provision of certain services
- We will never ask you to provide payment information or account passwords via email. If you receive a suspicious email please contact Helix on (07) 3102 1367. Please be aware that fraudsters can get information if you give it to them so do not:
- respond to suspicious emails or click any links or downloads; or
- open an attachment that you are unsure about.
3. Access to Site and Records
- In return for your compliance with these Terms and Conditions, we will provide you with access to the Site and, subject to your payment of the relevant fees, the Records. The Site and Records are offered in the English language only.
- You will only be entitled to access the Records when our fees for that access have been paid. If you seek to obtain access to the Records when our fees have not been paid, you may be prompted to pay the fees. Access to the Records and/or the Site may be suspended or terminated at any time when our fees are unpaid.
- You agree not to attempt to obtain access to any Records (nor permit anyone else on your behalf to try to do so) unless our fees have been paid.
- The Records relate only to the entity You have searched. You may need to call upon further Records to obtain a more complete view of a particular group of entities.
4. Search Plus
- The Records which return through the “Search Plus” option for the Site including the Proceeding Risk Factor, Administration Check and Adjudication Summary is based on the Data Sources. We make no representation or warranty as to the accuracy, currency, reliability, or completeness of data from the Data Sources.
- The Records returning for “Search Plus” are provided as a guide to allow further investigation, analysis, and review of the Records. The Records must not be relied upon as evidence of any fact, matter or position and the examination of the original Data Sources is required by You.
- Where the “Search Plus” includes a Proceeding Risk Factor (PRF), the PRF is not a representation that the entity searched will or will not commence proceedings or will or will not become insolvent. We make no warranty or representation about the actual numerical or statistical risk of proceedings or insolvency occurring. The PRF is our indicative estimated risk factor only based solely upon data we have about the searched entity and the types of proceedings in which they have been involved and does not take into account other relevant factors. While a higher PRF represents in our estimate a higher risk of legal actions and cashflow challenges than an entity with a lower PRF, we cannot make any warranty or assurance. The PRF is not a credit score, is not intended to be a credit score and should not be read or interpreted as a credit score.
- Where the “Search Plus” Records includes a red flag Administration Check this is not a representation that the entity searched is insolvent or will become insolvent. We make no warranty or representation about the actual status of the entity searched.
5. Court Searches
- By using this Site, you agree to be bound by terms and conditions provided by the Federal Court of Australia, the Federal Circuit Court of Australia, the Family Court of Australia and the New South Wales Department of Communities and Justice, located at:
- www.onlineregistry.lawlink.nsw.gov.au; and
- www.justice.nsw.gov.au, as updated from time to time.
- By using this Site, you agree and acknowledge that we may access the Commonwealth Courts Portal and court online registries to retrieve, store and upload data on your behalf. All documents are encrypted and stored within a secure environment.
- We make no representation or warranty as to the accuracy, currency, reliability or completeness of data provided by any Court portal or any data entered by You.
- We accept no liability for use of the Site. By using this Site, You hold us harmless for any and all liability arising out of Your use of the Site. You acknowledge that any use of the Site is entirely at Your own risk and You acknowledges and agree that it is Your responsibility to verify any data.
6. Queensland Government Searches
- We make no representation or warranty as to the accuracy, currency, reliability or completeness of data provided by any Government portal, website or any data entered by You.
- Where You have requested a search of one legal entity the Site will not return all associated or licensed entities.
- The Records returned to You are restricted to the public record information provided from the Data Sources specified here.
- You should never assume that an entity that is an active licence holder is not bankrupt, insolvent or otherwise in financial distress given the delay in provision of data from Government and the statutory time frames associated with the relevant regulator’s licence cancellation procedures.
- The Records returning license results may differ from the company Records returned as the data relies upon the QBCC’s register.
7. Queensland Adjudication Searches
- The Building Industry Fairness (Security of Payment) Act 2017 requires records of decisions of adjudicators to be kept and published. The Adjudication Decisions are published by the regulator in Queensland, the QBCC.
- The Records returned to You are restricted to the public record information provided from the Data Sources specified here.
- We make no representation or warranty as to the accuracy, currency, reliability, or completeness of the downloadable Adjudication Decision available through the Site.
- By using the Site you agree to be bound by the terms and conditions provided by the QBCC at https://www.qbcc.qld.gov.au/myqbcc-how/myqbcc-terms-conditions.
8. Disclaimer and Liability
- While we have taken all due care, we do not guarantee that the Site or Records will be free from viruses or that access to the Site or Records will be uninterrupted.
- The information contained in this Site does not constitute legal or financial advice and is not intended to replace legal or financial advice.
- To the extent permitted by law, we will not be responsible or liable, whether in contract, tort or otherwise, for any adverse consequences for you or anyone else (including by way of direct, indirect or consequential losses, failure to realise expected profits or savings, any other commercial or economic loss of any kind and damages) arising in any way out of our delivery (or non-delivery) of, your use of, access to or reliance upon the Records or information contained on the Site, including in relation to any errors in, or omissions from, the Records or other information on the Site. However, we will endeavour to correct any inaccuracies in the Records or on the Site once we become aware of them.
- Information contained in the Records or otherwise on this Site is provided in good faith on an “as is” basis. We do not warrant that the Records or the processes by which they are created will always be accurate, comprehensive, complete or contain every available instance of the records you may be seeking. We do not conduct independent testing of the information listed in the records or on the Site and rely on the testings and information provided by the sources of information and those entities that maintain the sources of information. We do not represent or warrant in relation to the reliability, accuracy or completeness of the Records or other information contained on the Site.
- Information contained in the Records is limited to information that is made publicly available by each Data Source. For some sources, cases that do not involve a hearing (e.g. default judgments) are not included in the Records. For some sources, only the First Applicant and First Defendant are included in the Records. For some sources, parties listed as ‘Anor’ ‘Another’ ‘Ors’ ‘Others’ and other similar abbreviations are not included in the Records. For some sources, parties added to a case after the initial filing are not included in the Records. Party names that are suppressed are not included in the Records.
- We do not warrant that the Site or the Records or the access we provide to you to those:
- will meet your individual requirements; or
- fit any particular requirements that you may have.
- We only accept liability for such guarantees and warranties as it is obliged by the Competition and Consumer Act 2010 (Cth), or any other legislation in each State and Territory, to give and which cannot lawfully be excluded.
- Where we are permitted by law (and subject to clause 8(f)):
- we do not warrant or represent the suitability of the Records, the Site or any information contained on the Site for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Records, the Site or any information contained on the Site, including in relation to any errors in, or omissions from, the Records or other information on the Site.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- To the fullest extent permitted by law, all other warranties, statutory or implied, are excluded.
- If further analysis and reporting is requested by You for the Records returned from the use of the Site then our related entity Helix Legal Pty Ltd will provide this to You subject to its engagement by You.
- Both parties warrant that they have the capacity, power and authority to enter into and perform this Agreement and have obtained all necessary approvals, consents and authorisations to enable it to do so.
- To the maximum extent permitted by applicable law, we provide the Records to You on an "as is" basis and we do not make or give any express or implied representations, conditions or warranties in relation to the Records, including we do not warrant that the Records will operate uninterrupted, be free from defects or viruses or meet Your requirements.
- Without limiting paragraph (b), You acknowledge that:
- we do not provide any legal advice or legal services, accounting or other professional services advice by providing You access to the Site;
- we do not warrant or represent the accuracy, currency, reliability or completeness of data provided by integrated platforms such as government websites and third-party software;
- we do not warrant the accuracy or timeliness of searches provided by any government department or agency or other third-party provider;
- we do not warrant or represent that the Site can be accessed or operate without defects, data corruptions, software failures or performance degradation caused by viruses or by other software or components on Your or third-party hardware that may interfere with the software (including any third party internet networks); and
- we do not warrant or represent that any of data supplied by You and hosted on our servers is secure, can be accessed uninterrupted or will be free from defects and viruses or will be stored, 10 hosted or accessed without any loss or damage, data corruption, software failures or degradation.
10. External Links
- The Site may contain links to external websites not operated by Helix or related parties. These links are provided for your convenience only and we do not make any endorsements, or representations as to the accuracy of information contained on these external websites.
- You acknowledge and agree that:
- we make no representations or warranties, or have any responsibility or liability for content on external websites;
- these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services provided on the sites; and
- you access those sites solely at your own risk.
11. Viruses, faults and defects
- You acknowledge and agree that:
- we do not claim that the Records or any information or files contained on the Site are free from viruses or other defects and faults;
- we have no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and
- you are responsible for scanning any Records or information and files contained on the Site for viruses.
12. Your Obligations
- You warrant that:
- all information provided by you to us is complete, accurate and up to date;
- the person accessing the Records or other information contained on the Site is authorised by you to do so;
- you will comply with all relevant laws in relation to your use of the Records, the Site and the information contained on the Site;
- you will notify us if you are or become aware that there has been unauthorised use of your account; and
- you will advise us of any changes to your information provided to us in the registration process.
- You will
- use the Site for the Authorised Purposes;
- be responsible for Your compliance with this Agreement (including any applicable client order forms);
- use reasonable efforts to prevent unauthorised access to or use of the Site;
- notify us promptly if You become aware of any possible or actual unauthorised access or use of the Site;
- ensure that Your use of the Site is in accordance with any applicable Laws;
- accept all responsibility in relation to verifying data entered into any Records offered by us, including, but not limited to, client details, court orders, and dates;
- be responsible for verifying data has correctly synchronised with integrated platforms such as government websites and third-party software.
- You agree that you will not:
- commercialise the Site;
- use the Site in any way that may be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third- parties.
- submit or upload any content containing viruses, political advertising, commercial solicitation, mass mailings, or any form of spam or any information or program that may damage the operation of anyone else’s computer.
- use the Records or the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;
- use or publish any Records in a way which may infringe third party’s rights or which may cause any liability to be incurred by us or any claims of any nature to be made against us;
- use the Records or the Site in a way that interferes with other users’ or customers’ use of the Site;
- impersonate another person or use their details without their permission when using the Site or accessing the Records;
- transmit, or post any obscene, defamatory or indecent material to or on the Site;
- hinder the operation of the Site or access to any Records;
- knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site or any Records;
- use any spider, robot, site search and retrieval application or other mechanism to retriever or index any portion of the Site or any Records;
- modify any part of the Site or any Records;
- provide, publish, post or create a link to any page or part of the Site or any Records without our express written permission;
- link directly to any page of the Site other than via normal navigation of the Site;
- post or transmit to the Site any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the Site or the Records;
- violate the security or any security measures of the Site nor that of any of our systems and networks;
- access any data on or from the Site which is not intended for you;
- probe, scan or test the vulnerability of the Site or any of our systems or networks;
- interfere with service to any other user of the Site or anyone’s access to the Records;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- attempt any of the above acts or engage another person to do any of the above acts; nor
- share your login details or access to the Site or Records with anyone else.
13. Intellectual Property
- You acknowledge and agree that:
- the copyright and all other intellectual property rights in or arising out of the Site and its components (including but not limited to the software design, text, graphics, layout and material (the Material) on the Site) are owned by or licensed to us; and
- you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public and part of the Material without our prior written consent.
- This Site contains trademarks (Marks) which are protected by law.
- You acknowledge and agree that you must not:
- use any of the Marks without our prior written consent;
- use any of the other trade marks of third parties listed on our Site without obtaining the relevant third party owner’s written consent.
You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of the Records, the Site or any of its contents or from any breach by you of these Terms and Conditions.
We may suspend or terminate your access to the Site and/or Records, at any time, if you are in breach of your subscription, fail to pay any fees due to us or otherwise breach any of these Terms and Conditions.
- Any consideration or amount payable under this Agreement (including any nonmonetary consideration) (Consideration) is exclusive of GST.
- If GST is or becomes payable on a Supply made under or in connection with this Agreement, an additional amount (Additional Amount) is payable by the party providing consideration for the Supply (Recipient) equal to the amount of GST payable on that Supply as calculated by the party making the Supply (in this clause 10 only, the Supplier) in accordance with the GST Law.
- The Additional Amount payable under paragraph 10(b) is payable at the same time and in the same manner as the Consideration for the Supply.
- If for any reason the amount of GST payable on a Supply varies from the Additional Amount payable by the Recipient under paragraph (b):
- the Supplier must provide a refund or credit to the Recipient, or the Recipient must pay a further amount to the Supplier, as appropriate;
- the refund, credit or further amount (as the case may be) will be calculated by the Supplier in accordance with the GST Law; and
- the Supplier must notify the Recipient of the refund, credit or further amount within 10 Business Days after becoming aware of the variation to the amount of GST payable. Any refund or credit must accompany such notification and the Recipient must pay any further amount within 5 Business Days after receiving such notification, as appropriate. If there is an Adjustment Event in relation to the Supply, the requirement for the Supplier to notify the Recipient will be satisfied by the Supplier issuing to the Recipient an Adjustment Note within 10 Business Days after becoming aware of the occurrence of the Adjustment Event.
- Despite any other provision in this Agreement:
- if an amount payable under or in connection with this Agreement (whether by way of reimbursement, indemnity or otherwise) is calculated by reference to an amount incurred by a party, whether by way of cost, expense, outlay, disbursement or otherwise (Amount Incurred), the amount payable must be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Amount Incurred; and
- no Additional Amount is payable under paragraph (b) in respect of a Supply to which s 84-5 of the GST Law applies.
- Any reference in this clause to an Input Tax Credit to which a party is entitled includes an Input Tax Credit arising from a Creditable Acquisition by that party but to which the Representative Member of a GST Group of which the party is a member is entitled.
17. Your password and user manuals
- We shall issue You with Your own ID and Password allowing access to the Site. You will be responsible for the acts of Your own employees and contractors and, without limitation must ensure that You protect the secrecy of any passwords issued to You and control the use of the Site by Your employees and contractors. You are responsible for all charges incurred on Your account (and will pay such amounts as invoiced by us as if such amounts were incurred by You).
- Where You request in writing that we cancel a particular password or account, we will use our reasonable endeavours to cancel that password or account as soon as practicable in normal business hours following receipt of that request.
- You must notify us of any actual or suspected loss, theft or unauthorised use of the Site or passwords. We are not liable for any activity or any unlawful or unauthorised access to the Site.
18. Force Majeure
- We shall not be liable for any delay, loss or damage (including consequential loss) caused to You directly or indirectly by the unavailability of access to the Site caused by the failure of You to comply with this Agreement, power or mechanical failure howsoever caused, delays or failures in telecommunication systems or in the transmission of information via the internet or any cause whatsoever outside the control of us.
- These Terms and Conditions will be governed, read and construed in all respect with the laws of the State of Queensland, Australia.
- If all or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.
- These Terms and Conditions constitute the entire agreement of the parties and supersede all prior understandings, negotiations, agreements, written or oral, express or implied, in relation to your access to the Site and the Records.
- No waiver or breach of any part of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.
- The next time that you log into the Site to access the Records, you will be asked to agree to our then current Terms and Conditions. We do not warrant that on any such occasion those Terms and Conditions will be the same as these Terms and Conditions.