Preamble

Vouchy is commited to information privacy - we value both our privacy, and yours. Our policies are design to project you. We will never sell your data or engage in third party marketing. Our goal is to maintain a simple and easy to use voucher management and sales platform.


Privacy Policy

Mission

Vouchy ABN 34 237 386 834 ('we', 'our' and 'us') regards personal privacy and compliance with our obligations under the Privacy Act 1988 (Cth), including the Australian Privacy Principles, as an important part of our relationship with all users of our services. We will also endeavour to comply with the EU General Data Protection Regulation.

This privacy policy ('Policy') sets out how we collect, use and handle Personal Information that we collect from:

Definitions

Visitors, people who visit or browse our website,

Organisation, people who establish an account with us to sell or manage a voucher,

Customers, people who access our services to purchase a voucher or otherwise access our services.

Stripe, payment processing platform used by Vouchy.

Scope

  • we refer to Visitors, Organisations, Subscribers, Customers and all other persons who access or use our services as ‘Users’ or ‘you’;
  • 'Personal Information' means information or an opinion about an identified individual, or an individual who is reasonably identifiable (whether the information is true or not or recorded in any form or not)'. This may include name, identification number, location data, online identifiers (internet protocol addresses and cookie identifiers), and any factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.
  • ‘Business information’ means information or an opinion about an identified business, or a business that is reasonably identifiable (whether the information is true or not or recorded in any form or not)'. This may include name, identification number, location data, online identifiers (internet protocol addresses and cookie identifiers), and any factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.

This Policy applies to the domain name of vouchy.co only. It does not apply to, and we are not responsible for, the use of, or the protection of information provided to, other websites or services linked to our website or that you use to access our website, applications or services.

If you have any questions not addressed in this Policy, please feel free to contact us using the methods at the end of this Policy under the heading “Complaints and how to contact us”.

Please note, if you do not agree to our Privacy Policy and the Terms of Service, you can choose to discontinue using the products and services, and close your Vouchy account. If you are a parent or guardian, you are responsible for your child’s use of Vouchy services, including purchases.

Collected Data

We may collect different Personal Information from you depending on the circumstances in which that information is collected.

For Visitors

We do not ask you to provide Personal Information if you are only a Visitor.

For Organisation

If you register as an Organisation and create an account on our website, we will require you to provide your name, email address, work phone or other contact number, password, financial information such as bank account details.

For Customers

As a Customer, you may be required to provide certain Personal Information to purchase a voucher which may include your name, address, telephone number and email address. When you purchase a voucher financial information from you including your credit card number and expiration date is provided to Stripe (refer Data Distribution). As part of our compliance with the Payment Card Industry Standard (“PCI”), we do not store any credit card numbers. We will retain the transaction details for a purchase on our website for audit purposes.

Our website collects information about the use of our site by all Users, including:

  • The website pages that you visit
  • Your internet protocol address;
  • The type of browser you are using;

Our website also uses cookies to assist in providing our services to all Users of the site.

Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can change your cookie settings via your browser settings.

For more information on the cookies we collect, please see our cookie policy.

Data Processing

We use the Personal Information we collect to provide Users with a high level of service. In particular, we use Personal Information:

  • to email Organisations to activate or verify their account;
  • to email a Customer to confirm a voucher purchase;
  • to deal with queries from users;

We will not share your Personal Information with third parties without your consent other than as set out in this Policy. Certain employees have access to Personal Information as part of their user access to the Vouchy site.

Our applications may need to read Personal Information in order to carry out necessary functions such as sending email notifications to account holders.

Data Sharing

We share Customer's personal information as part of their bookings with the Organisations including Personal Information that the Organisation has requested that we collect.

Organisations are not bound to treat your information in accordance with this Policy and you agree that we are not responsible for their actions. Please review the relevant Organisations privacy policies and terms and conditions before providing your Personal Information in relation to a purchase.

Data Distributions

We may disclose Personal Information to third party service providers (including IT service providers, data storage and handling facilities, payment systems operators, mail houses and legal or financial advisers) to the extent necessary for them to assist us in providing services to you. We engage service providers who do not use or disclose your Personal Information for any purpose other than the services for which they are engaged to provide. Sub-processors include:

  • Stripe Inc (Payment Processing)
  • Vultr (Web Services

We may disclose Personal Information to other persons or organisations if required to do so by the order of a court or tribunal or if the disclosure is otherwise authorised or required by law. For example, Personal Information may be disclosed where it is necessary to eliminate or minimise a risk to public health or safety, investigate or deal with unlawful activity or serious misconduct or establish or defend a legal claim.

Marketing

We do not engage in any third party marketing.

For Customers

We do not use any of the Personal Information we hold to engage in direct marketing with Customers, we may use the emails sent to Customers as part of the voucher purchase confirmation to inform them about Vouchy products and services.

For Organisations

We may use your Personal Information to provide you with further information about our products and services. Direct marketing from us generally takes the form of direct mail or electronic marketing (email, SMS, MMS, social media or other electronic means). In rare cases, we may use telemarketing, in which case we will comply with any applicable legislation.

By submitting your contact details through our website or by opting-in to be contacted through our marketing materials, you consent to direct marketing to you of our products and services. We may continue to contact you indefinitely until you indicate otherwise.

If you do not wish to be contacted with such information, you may opt out of receiving our direct marketing at any time by emailing [email protected] or by updating your preferences at www.vouchy.co.

Data Retention

For Customers

Vouchy retains personal information for a period of 4 years from the date of your last interaction with the site.

The security of your Personal Information is important to us. We are Level 1 Payment Card Industry (PCI) Compliant. We do not store any Credit Card numbers.

For Organisations

We may retain your information for so long as you maintain an account with us.

For All Users

Any Personal Information that may be used by our site in order to carry out its necessary functions is stored on a secured server.

We will take all reasonable measures to ensure the security of your Personal Information. Our systems are hosted in Australia. Our information is stored on Vultr Web Services. The countries where your Personal Information may reside presently include the United States of America.

Vouchy complies with the Australian Privacy Act (1988) and the Notifiable Data Breaches (NDB) scheme (Part IIIC of the Privacy Act 1988). In line with the NDB, Vouchy has a data breach policy in place. In the event of a serious data breach, Vouchy will notify the Office of the Australian Information Commissioner and the affected individuals where required. Notification of a data breach may take the form of an email or a notice on our website.

Subject to any legal restrictions, we will let you know what Personal Information we hold about you if you ask us to. If your request is particularly complex, or requires detailed searching of our records, there may be a cost to you in order for us to provide this information.

For Organisations

Your records can be accessed and updated by you at www.vouchy.co.

For Customers

To have your data rectified, please contact the Organisation and they will be able to edit your booking.

You can access a copy of the data you have provided or can remove your data from the system by contacting our suppor team.

Data of Minors

If you are under the age of thirteen (13), please do not use Vouchy without the consent of your parent or legal guardian. We ask that parents and legal guardians help enforce our Privacy Policy by telling their children not to provide Personal Data through services online without their permission. If you believe your child (under the age of 13) has provided Personal Data to us online, please [email protected] so we can react accordingly and delete or obfuscate your child’s data.

Data Protection Law

Data protection law gives people certain rights in connection with the way in which their personal information is used. If online service providors do not comply with data protection law, they may be subject to sanctions and penalties imposed by the national data protection authorities and courts. When Vouchy collects and uses personal information, this activity and the personal information in question is covered and regulated by the local data protection law.

Complaints and Contact

If you would like further information on this policy, of if you have any concern about the protection of your Personal Information, please email [email protected]

Data handling complaints can also be direct to [email protected]

Changes to this policy

We reserve the right to modify this Policy at any time, so please review it frequently. The updated version of the Privacy Policy will become effective immediately. If we make material changes to this Policy, we will notify you by email or by means of a notice on our homepage.

Terms of Services

Mission

Vouchy ABN 34 237 386 834 ('we', 'our' and 'us') owns and operates the Website and provides the Services. These terms and conditions ('Terms') apply to any person that visits the Website to use the Services including managing or purchasing vouchers on the Website.

By creating an Account, using the Services or accessing or using the Website or your Account, you agree to be bound by these Terms, the Privacy Policy, the Data Processing Addendum and any additional terms and conditions applicable to specific Services that you use from time to time.

Definitions

'Account' means an account established with us through the Website or otherwise;

'Customer(s)' means any person that visits the Website to use the Services;

'Organisation(s)' means a person or business who establishes an Account to manage and sell vouchers;

'You/Your' means a Customer and/or Organisation, where reasonably appropriate;

‘Person’ means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;

‘Personal Information’ has the meaning given in the Privacy Policy;

‘Privacy Policy’ means our Privacy Policy as amended from time to time;

'Sensitive Information' has the meaning given in the Privacy Policy;

'Services' means the ability to make purchases or access to and use of the Website and voucher management services to manage and sell vouchers./p>

‘Third Party Content’ means web sites, platforms, content, products, services, and information of other parties including content provided to us by links to sites owned by other parties;

‘Website Information’ mean content and information contained in, displayed on or accessible through the Websites, including content or information generated on the Websites by us or on our behalf and any Third Party Content; and

‘Website(s)’ means vouchy.co including all password protected areas and any other websites owned or operated by us or our related entities, subdomains of such websites and all related top-level domains, mobile sites, apps, APIs and widgets;

'Your Content' means any content you upload onto or make available to Customers via our Website or the Services including text, images, logos, files, attachments and links.

About these Terms

These Terms, together with the Privacy Policy and any additional terms and conditions applicable to specific Services that you use from time to time, set out the legal terms of our relationship with you. These Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.

You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.

Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Services.

We reserve the right to change these Terms by publishing new terms on the Website. This may include changes needed to reflect changes to the law or changes to our Services. You should review the Terms published on the Website regularly. Your continued use of the Services constitutes your acceptance of these Terms as amended from time to time. If you do not agree to the changed terms you should discontinue your use of the Services immediately.

If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, including taking any action in the future.

The Terms apply to our relationship with Customers and Organisations only.

Organisations may impose additional terms and conditions that apply to vouchers which Customers purchase. It is your responsibility to review these carefully before you make a purchase.

Nothing in the terms and conditions of an Organisation binds us, creates any obligations on us to you or gives you any rights against us.

Our Website and Services

We facilitate the management and sale of vouchers and the collection of payments for various purposes by Organisations.

We allow Organisations to create their own pages on the Website which you can access to make purchase vouchers.

We act as agent for the Organisation only and all transactions, including sales and payment transactions, on our Website are between you and the Organisation.

Except as expressly set out in these Terms, we are not responsible for the voucher or liable for any dispute over a voucher purchase, refunds or other payment. That is at all times a matter between you and the Organisation. Any claims you may have (including refunds or otherwise in relation to unfulfilled vouchers) lie solely with the Organisation and, to the extent permitted by law, we have no responsibility for such matters and exclude all liability for such claims.

Your Usage

When you use our Website to buy a voucher or make a payment for another purpose, all information you provide to us must be true, accurate and complete.

You acknowledge and agree that:

  • each voucher is issued subject to the terms and conditions of the Organisation (if any);
  • we reserve the right to cancel any voucher and refund the amount paid where there has been an error in pricing (whether due to human error or a transactional malfunction of the Website);
  • we make no representations in respect of, and are not responsible for, the Organisation; and
  • we can suspend or revoke your right to access our Website at any time.

Acceptable Usage

You must ensure that you only use the Website and Services to access the Services and do not use the Website or Services in any way that could damage or harm the Website or Services.

The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.

You may not, and may not cause or permit others to remove or modify any markings or any notice of our or a third party's proprietary rights, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.

You must not use the Website or Services or publish or upload any hyperlinks or content for the purpose of deriving commercial gain that is outside the scope of the relevant voucher.

You also agree that you will not:

  • facilitate illegal voucher sales or use the Website to resell vouchers of any kind, including by way of unauthorised framing or links to other sites for the purpose of reselling;
  • interfere with the proper working of the Website or take any action that imposes an unreasonably large burden on the Website;
  • request more than 1,000 pages of the Website in any twenty-four hour period or make any other request to transactional servers more than once during any three second interval (this applies equally to a group of individuals acting in concert); or
  • hack into the Website or utilise automated means to process or place voucher orders including the use of robots, spiders or other devices to process voucher sales.

If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved or is not resolved promptly.

Registration by Organisations

To become an Organisation you must complete all details in the registration form in accordance with the instructions on the Website and in any subsequent communications you receive from us ('Registration').

If you create an Account and are under 18 years of age, you agree that we may require a parent or guardian to provide an authority that they accept these Terms. By providing such authority, the parent or guardian accepts these Terms and agrees to assume performance of all Organisation obligations under these Terms.

If you are under the age of thirteen (13), please do not use Vouchy without the consent of your parent or legal guardian.

If you create an Account in the name of a company, you agree that we may require a Director of the company to accept these Terms such that he or she agrees to assume performance of all obligations under these Terms on behalf of the company.

Upon completion of your Registration, your Account will be created and you will be able to access and use protected areas of the Website and access the Services. At this time you are granted a non-exclusive, non-transferable licence to use the Website and to access the Services in accordance with these Terms.

We may refuse to accept or cancel the Registration of any person without giving a reason for such refusal or cancellation.

You continuously warrant to us that persons accessing your Account and managing vouchers are authorised to do so on your behalf.

Security

Access to and use of your Account and of protected areas of the Website is restricted to authorised users only.

You agree to:

  • provide current, complete and accurate information about you as you may be prompted to provide by the registration process on the Website or in communications from us;
  • maintain, keep current and update any registration data and information you provide to us;
  • take all steps necessary to keep your password safe and secure and to ensure your Account is not accessed or used by anyone without your authority; and
  • notify us immediately of any unauthorised access to or use of your Account or password or any other breach of security of which you are aware, whether related to your Account specifically or to the Website or any Services.

You understand that any person with your password will be able to access your Account and you accept all risk of unauthorised access to your Account. You acknowledge and agree that you are responsible for maintaining the security of your Account and your password and all activity that occurs under your Account.

To the extent permitted by law, we will not be liable to you for any loss that you suffer or incur as a result of someone using your Account or password with or without your knowledge. You are liable for and indemnify us against all loss suffered or incurred by us or any other user of the Website, or any customer of ours, due to someone else using your password or your Account because of anything you do or fail to do in connection with your Account.

You may not use or access anyone else's Account without the permission of the Account holder.

Organisation Website Usage

You are permitted to use the Website to access the Services subject to payment of our fees.

If you use the Services to sell and manage vouchers that involves making payment via the Website, we agree to act as your agent to provide an online voucher management service and/or to collect payment for the voucher in accordance with and subject to these Terms. You acknowledge and agree that all sales are made by you.

If we are receiving complaints or customer service calls in relation to your Account and/or Your Content, or we consider that Your Content otherwise breaches these Terms, then we may make changes to your Account and/or Your Content. We will endeavour to contact you first before we do so but we do not require your permission to make such changes.

Access and ensuring acceptable use

You must ensure that you, and all persons who access the Services via your Account, only use the Website and Services to manage your vouchers and do not use the Website or Services in any way that could damage or harm the Website or Services.

The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.

You may not, and may not cause or permit others to remove or modify any markings or any notice of our or a third party's proprietary rights, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.

You must not use the Website or Services or publish or upload any hyperlinks or content for the purpose of deriving commercial gain that is outside the scope of the relevant voucher.

If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved or is not resolved promptly.

Organisation: Fees and payment

When you use our Services, you will be provided with information regarding the applicable fees and charges. Fees and charges may be subject to change (which change may be effective immediately) and will apply to all transactions made on or after the date the change is effective.

You must not misrepresent to customers the amount of fees that we are charging in relation to a particular transaction.

You agree to pay all applicable fees and charges specified by us (including any third party fees and charges), late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Account and the Services you use.

To the extent permitted by law our fees and charges are non-refundable, including where vouchers are cancelled or invalidated for any reason and you have agreed, or are required by law, to refund any or all amounts paid by customers.

All payments relating to the voucher ('Voucher Funds') and our fees and charges for providing the Services (‘Fees’) will be processed using a third party merchant account (e.g. Stripe) created in your own name (‘Third Party Gateway’).

You acknowledge and agree that you will be required to deposit into our nominated bank account the full amount of Voucher Funds that we have released to you ('Released Funds') within 1 business day of us requesting that you do so if:

  • your organisation is unable to fulfill the value or purpose of the voucher;
  • we consider, acting reasonably, that one or more circumstances exist where a customer would have a full or partial entitlement to a refund from you or the customer's credit card or payment service provider;
  • we suspect, acting reasonably, that you or any guarantor of your obligations are or may be insolvent or that any insurance policy that you are required to take out has not been taken out or has lapsed; or
  • any step is taken to appoint a receiver and manager, trustee in bankruptcy, administrator, a liquidator or other like person over the whole or any part of your assets or those of any guarantor of your obligations.

If we request it, you must return all Released Funds in these circumstances whether refunds are presently due or not.

You acknowledge that in some circumstances we are required to refund or pay amounts to customers in connection with your use of the Services as a result of adjustments by our payment service providers. We are not responsible or liable to you in any way for any such adjustments. You are liable to us and indemnify us for and must pay to us on demand the full amount of any adjustments and any associated costs and bank fees that we may incur.

Customer: Fees and payment

All credit card purchases are processed through a secure online payment system.

Each voucher you buy and payment you make on our Website is subject to a non-refundable, payment processing fee.

Our fees are not negotiable and subject to change.

All prices are stated in Australian dollars. We do not accept payments form cards registered outside of Australia.

Organisation: Variation, postponement or cancellation and refunds

You must use reasonable endeavours to promptly notify customers of a variation or cancellation of their voucher(s). We will assist you by providing relevant contact information however it is your responsibility to contact the customer.

Where you elect or are required to give refunds to customers, you must only do so via your Account and must ensure that, if applicable, sufficient Released Funds are returned to us to cover all amounts you will refund. In circumstances where we have required you to return Released Funds, we may either manage all refunds as your agent via your Account or require you to give refunds in accordance with our directions.

You are solely responsible for any refunds and must not make any representations to customers or to any third parties about us or our fees in connection with refunds.

Notwithstanding anything else set out in these Terms, you indemnify us for any loss (including indirect and consequential loss) or damage that we suffer or incur as a result of or in connection with any varied or cancelled voucher and any refunds to customers, including any shortfall in refund amounts by reason of the payment to us of our fees and charges.

Customer: Variations or Invalidations

Organisations may cancel, vary or invalidate vouchers. We have no control over this and you acknowledge and agree that the Organisation is solely responsible and liable to you for providing any refund or comparable remuneration in such circumstances.

The responsibility to ascertain whether a voucher has been varied or cancelled is a matter between you and the Organisation. We do not guarantee that voucher holders will be informed of a variation or cancellation before the date of that variation or cancellation.

So that the Organisation can contact you with information relating to your voucher, we may be required to pass on your contact information. We do not authorise Organisations to send customers any unsolicited emails, mail or 'spam' or to add them to your mailing list unless they have opted in to receive further correspondence from you during the purchasing process.

Customer: Exchanges and refunds

You acknowledge and agree that we cannot exchange or refund a voucher or any other payment.

That is a matter solely between you and the Organisation.

To the extent permitted by law, any platform or transaction fees paid by you to us will not be refunded in any circumstances (including where the voucher price has been refunded by the Organisation).

Intellectual Property

Unless indicated otherwise all content and materials in any format on the Website and all intellectual property in the Website is owned or licensed by us.

Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.

We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access the Services. You may only reproduce or use our copyright material for any other purpose with our written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

Your Content

We may use Your Content in any way to provide the Services.

You represent and warrant that Your Content is accurate and truthful, you have all rights, power and authority necessary to provide Your Content to us, that Your Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, that it complies with all applicable laws and does not violate these Terms or the Privacy Policy. We reserve the right to remove any of Your Content from the Website or Services at any time if we consider that it violates these Terms or the Privacy Policy.

We do not claim any ownership rights in any of Your Content and nothing in these Terms restricts any rights that you may have to use and exploit Your Content outside of the Services.

We may use your name and logo for the purpose of identifying you as an existing or past customer of ours on the Website, in the Services and in marketing, advertising and promotional materials.

Third Party Content

The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.

We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.

Any Third Party Content made accessible by us is provided on an 'as-is' and 'as available' basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.

We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.

The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.

Privacy

Our Privacy Policy is incorporated into these Terms.

You, the Customer, consent to all Personal Information (including Sensitive Information) that you provide to us or to the Organisation via the Website being collected, used and disclosed in accordance with the Privacy Policy for the purposes of enabling you to use the Website and the Services.

You, the Organisation, must comply with all privacy laws applicable to you in using the Services, including ensuring any Personal Information you collect from customers is collected, used and managed by you in accordance with all applicable privacy laws and with such person's consent.

Any customer Personal Information we collect and provide to you is solely for the purpose of managing vouchers. You are not authorised to send customers any unsolicited emails, mail or 'spam' or to add them to your mailing list unless they have opted in to receive further correspondence from you during the Vouchy process.

Use of subcontractors

We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.

Termination or Suspension

We may suspend or terminate your right to use all or any part of the Services at any time if:

  • you violate or breach these Terms;
  • you misuse or abuse the Services; or
  • allowing you to access and use the Services would violate any applicable law or would expose us to legal liability.

We will use reasonable efforts to provide you with notice of any such suspension or termination.

We will not be liable to you or any third party for any such suspension or termination of your right to use or access all or any part of the Services.

Where we terminate due to the suspicion of the fraudulent use of credit cards we retain the right to reverse such credit card transactions in order to return funds to the card holders.

Termination by you

You may terminate your access to the Services at any time by contacting [email protected]

Survival of terms

All provisions of these Terms that by their nature should survive termination of your access to the Services shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.

Disclaimer

Except as otherwise required by law:

  • the Services are provided 'as is' and 'as available' without any express or implied warranty;
  • we make no representations and give no warranties in respect of the Services including that such Services are reliable, accurate or suitable for your purposes;
  • we make no representations and give no warranties in respect of the means of accessing any content and information contained in, displayed on or accessible through the Website, including content or information generated on the Website by us or on our behalf and any Third Party Content, or software operating in connection with the Website; and
  • we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Website.

We do not guarantee continuous, uninterrupted or secure access to the Services or any specific results from use of the Services.

You acknowledge that access and use of the Services (including the software operating in connection with the Services) may be interfered with by numerous factors outside of our control.

We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including an Organisation) in relation to your use of the Services.

Force majeure

We are not responsible for failure to fulfil our obligations due to causes beyond our control.

Limitation of liability

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Services, your reliance on anything contained in or omitted from the Website, being unable to access the Services or the Website for any reason (including our negligence) or the failure of the Services for whatever reason (including our negligence).

Subject to the terms set out below under the heading 'Australian Consumer Law' and to the maximum extent permitted by law, our maximum liability for all claims related to the Website and your use of the Website will be the lesser of an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim and $10,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.

Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.

Australian Consumer Law

If you constitute a consumer under the Australian Consumer Law while using the Services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.

Our relationship with you

Other than as expressly provided in these Terms we are an independent contractor, and do not undertake to perform any of your regulatory obligations, or assume any responsibility for your business, operations and activities.

No assignment or transfer

You may not assign or transfer your Account or the Services you are using to any person without our written consent. We can assign our right to receive payments from you under these Terms and can transfer some or all of our rights and obligations in respect of your Account by notice in writing to you.

Severability

If any provision of these Terms is deemed to be invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.

No waiver

Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

Governing law

These Terms are governed by the laws of New South Wales, Australia.

Changes to this policy

We reserve the right to change these Terms by publishing new terms on the Website. Your use of the Websites constitutes your acceptance of these Terms as amended from time to time. Should you object to any of our Terms or other notices on the Websites your sole option is to immediately cease your use of the Websites.