Use of the VPN and Sovereign software (together, Sovereign) is granted by
St.George Bank - A Division of Westpac Banking Corporation (St.George) to you (You) and is subject to the conditions
set out in these terms of access and use whose link is on this page (Terms of
Use). You should read them carefully. In accessing Sovereign and clicking on the
“I agree” button below, you acknowledge that you have read and understood the
Terms of Use and agree to be bound by them.
TERMS OF ACCESS AND
USE
- Permitted Purpose
- You may only use Sovereign to [Once you’ve logged into the
sovereign VPN you can view training material, partake in training
activities/accreditation, use a tax calculator, use
the Sovereign system, and enter details for loans with St.George]. Access
for any other purpose is not permitted and St.George may terminate Your use
of Sovereign immediately if St.George detects any unauthorised or
inappropriate access to Sovereign;
- You must not use Sovereign:
- To provide a service to anyone else; or
- To provide a bureau service.
- For the avoidance of doubt, the restrictions in this clause 1
are not intended to restrict You from undertaking your normal business
activities, provided those activities do not involve commercial exploitation
of Sovereign.
- Your obligations:
You must:
- Comply with any directions given from time to time by St.George
in relation to the use of Sovereign, including but not limited to where any
changes are required by law or for improvements to the service;
- Not use the service in such a way as to adversely effect the use
of the service by others; and
- Meet the minimum systems requirements as contemplated in clause 5
below.
- Limited licence
- St.George grants you a limited sub-licence (Licence) to access
Sovereign strictly in accordance with this Agreement.
- Although you are permitted to access Sovereign, You are not
entitled to a copy of the software, which underpins the Sovereign system.
- You must not, nor allow any third party to, copy, sell, lease,
sublicense or transfer all or any part of Sovereign, nor remove or conceal
any right or notification of ownership of Sovereign.
- Nothing in this Agreement gives You any other rights to use any
intellectual property rights of St.George or any third party, including
without limitation, any intellectual property rights associated with
Sovereign, without the written consent of St.George, which consent may be
withheld in its absolute discretion.
- Limited licencePassword and security
Access to
Sovereign is by password and Activcard. You:
- Are completely responsible for the use of any password that has
been provided by St.George and for its security, and must take all
reasonable steps to protect the security and integrity of the password;
- Agree only to reveal any password to Your authorised officers;
- Are responsible for any use whatsoever of the password whether or
not You have authorised that use;
- Must notify St.George in writing immediately if:
- You forget or lose the password code or Activcard
issued by St.George, or
- You know or suspect that Your password may have
been misused by any person;
- You become aware of any unauthorised use of the
password;
- There is any change in Your contact details; or
- You encounter any difficulties in using the
service.
- System requirements
- Sovereign takes advantage of current Internet technology and
requires a browser, which is consistent with current standards as they
apply from time to time (details of which are available upon request to
St.George). You are responsible for ensuring that you install and maintain
the necessary minimum hardware, software, systems and communications
requirements for accessing and viewing Sovereign.
- St.George has no control over the speed of transmission of data
over Sovereign.
- Interruptions
- From time to time there may be interruptions to Sovereign.
St.George will not be liable to You for interruptions to Sovereign,
including but not limited to interruptions caused by:
(a) The need to facilitate reasonable
maintenance of Sovereign;
(b) Problems with
your telecommunications services;
(c) Problems
with your information service provider; or
(d) Problems with your own hardware or
software.
- Changes to Sovereign
- Sovereign may change at any time and St.George shall have no
liability to you in respect of any change.
- St.George can change these conditions at any time without
notice and at its sole discretion. If the conditions change, St.George may
alert you to the fact that the conditions have changed.
- Liability and warranties
- As far as the law allows, St.George excludes all implied
warranties, promises and conditions from the Licence and this Agreement.
- If the law requires a warranty, promise or condition to be
implied in this Agreement or the Licence, then it is included, but
St.George’s liability for breaching it is limited, at its option, to
replacing any goods, or supplying equivalent goods, or repairing the
goods, or paying for their replacement or the cost of acquiring equivalent
goods that the breach related to, or resupplying or paying the cost of
resupplying services that the breach related to.
- Any liability (whether based in contract, tort, strict
liability or other) for any direct, indirect, incidental, consequential or
special damage arising out of or in way connected with Sovereign or Your
use of Sovereign. To the extent permitted by law, St.George and its
related companies will not under any circumstances be liable for any loss
or damage caused by Your use of or reliance on any information obtained
from Sovereign.
- Indemnity
- You indemnify and hold St.George and its successors and assigns
harmless from and against any and all claims, demands, actions, judgments,
suits and proceedings and all expenses (including but not limited to all
reasonable legal costs and defence or settlement costs) for or in respect
of:
- Any loss or damage arising as a consequence of
Your (or Your employees', agents' and independent contractors')
negligence, fraud, wilful misconduct or failure to comply with its
obligations under this Agreement;
- Any dispute, claim or action alleging infringement
of any intellectual property rights of any person on grounds in any way
related to the performance by You of Your obligations under this
Agreement; and
- Any breach by You of Your obligations under, or a
representation or warranty made by you, this Agreement.