No Code Website Builder1. Introduction
This Privacy Policy (Privacy Policy or Policy) outlines how your information is collected, used and
disclosed when you access or use our Services as defined in our Terms. This information is
collected, used and disclosed in accordance with the Privacy Act 1988 (Cth) (Privacy Act).
This Privacy Policy is incorporated by reference into our Terms. Any capitalised terms not defined in
this Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our
Services, including this Privacy Policy.
2. What information do we collect and how is it collected?
We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as
defined in the Privacy Act), when you access or use our Services.
2.1. Personal Information provided by you
We collect information that you provide to us via use of our Services as well as through any other
means used to contact us. We collect information from both Vendors and End Users of our Services.
We collect Personal Information from both Vendors and End Users, including your name, email
address, organisation, position, address and phone or mobile number.
In addition to the above Personal Information, we may collect copies of End User's driver's licence,
licence number and passport (Identification Information). You expressly consent to us providing the
Identification Information to the Vendor, for the purposes of confirming your identity and for your use
of our Services.
We reserve the right to maintain, store and use any information or data where we reasonably believe
that such action is required to comply with any legal or regulatory obligations, to prevent criminal or
other unlawful activity whether immediate or in the future, or where we have a legitimate business
reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for
record keeping integrity.
2.2. Automatically collected Personal Information
We automatically record information from your device and its software when you access our Services,
including your IP address, browser and device type, internet service provider, mobile phone carrier,
platform type, the website from which you came and the website to which you are going when you
leave our Services, date and time stamp and cookies that may uniquely identify your browser or
account.
When accessing our Services using a mobile device, we may also receive and collect identification
numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled,
geographical location data (including GPS). Please note that some of the information we collect, for
example an IP address, can sometimes be used to approximate a device's location.
2.3. Personal Information collected via cookies
Our Services may use small pieces of data called cookies to identify a user who engages with our
Services and to compile records of a user’s history of engaging with our Services. Cookies are stored
by a users’ browser while the user browses a website. Cookies do not usually contain information
that personally identifies a person, but each time the user visits the website, the browser sends the
cookie data back to the server to notify the system of the user's previous activity. If you wish to
disable cookies, you may do so through your browser settings, however, please be aware that if you
choose to do this, some functionality of our Website will not be available to you.
2.4. Personal Information collected via Google Analytics
OFFERMADE uses Google Analytics, which allows us to anonymously track the use of our Services
by recording the number of users who have visited, the number of pages viewed, navigation patterns,
what systems users have and the date and time of visits through cookies. This information is collected
for statistical purposes only and cannot be used to identify you.
OFFERMADE may use a range of services and functions offered by Google Analytics. OFFERMADE
also uses Google Analytics to partner with third parties and advertise online. Our third-party partner
may use technologies such as cookies and third party Tracking Technologies to gather information
about your activities on our website and other sites in order to provide you advertising based on your
browsing activities and interests.
Please see this link for how your data is collected and this link for instructions on how to opt-out of
any Google Analytics data tracking.
2.5. Third Party Payment Processor
OFFERMADE uses third party payment processors and gateways to process payments made to us in
the provision of our Services. All Personal Information, including any financial information such as
credit card numbers, is collected and used directly by our third party payment processors and
gateways as set out on our website, whose use of your personal information is governed by their own
terms and conditions and privacy policy. OFFERMADE does not store or retain any sensitive
financial/billing information (being credit card numbers, bank account details, etc.), obtained in
connection with processing such payments.
3. For what purposes do we collect and use Personal
Information?
We collect your Personal Information as outlined in this Privacy Policy for the purposes described
below:
(a) for provision of the Services;
(b) for communication with you and to provide messaging and/or communications to you in
association with the functions and features of the Services;
(c) for communicating to you any announcements and updates, updated terms, conditions and
policies, security alerts, technical notices, support and administrative messages;
(d) for analysis, monitoring, development and improvement of our Services, including other products
or services;
(e) for security purposes, including to protect the Services and our property from abuse, fraud,
malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and
property and that of our other users;
(f) for sending marketing communications to you, including notifying you of promotional or
advertising offers, contests and rewards, upcoming events and other news about products and
services offered by us and use of our Services;
(g) to comply with relevant laws and regulations where applicable; and
(h) for the performance of other functions described at the time of collection or as consented to in
relation to our Services.
4. How do we store and protect your information?
4.1. Storage of Personal Information
We take reasonable steps to protect your Personal Information in accordance with this Privacy Policy.
The Personal Information we collect from you is transferred and stored electronically in the Amazon
Web Services cloud, via a secured SSL connection, in secured, password-protected servers located
in Australia. You agree and consent to OFFERMADE storing your Personal Information on such
servers.
4.2. Who can access your Personal Information?
Your Personal Information is accessible to our employees, contractors and our third-party service
providers such as our website host and technical support providers. We may also store your
Personal Information in password-protected email databases for the purpose of sending out
communications and marketing emails in accordance with this Privacy Policy.
Please note that no method of electronic transmission or storage is 100% secure and we cannot
guarantee the absolute security of your Personal Information. Transmission of Personal Information
over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal
Information to the Services within a secure environment. It is your responsibility to ensure that you
keep your Personal Information safe, including keeping your software up to date to prevent security
breaches.
We reserve the right to maintain and store any information or data where, we reasonably believe, in
our sole discretion, that such action is required to comply with any legal or regulatory obligations, to
prevent criminal or other unlawful activity whether immediate or in the future, or where we have a
legitimate business reason to do so, including collection of amounts owed, resolving disputes,
enforcing our Terms or for record keeping integrity.
With respect of Identification Information, we destroy these copies within thirty (30) days after
receiving them from you, if they are no longer needed for the purposes outlined in this Policy. With
respect of other Personal Information, we destroy or de-identify your Personal Information after 2
years where it is no longer needed for the purposes outlined in this Policy. However, we may also be
required to keep some of your personal information for specified periods of time, for example under
certain laws relating to corporations, money laundering, and financial reporting legislation.
5. To whom your Personal Information is disclosed?
Your Personal Information may be disclosed to individuals and companies, for the purposes
described in this Policy, as outlined below:
5.1. Sales Technologies Pty Ltd trading as OFFERMADE and Related Bodies
Corporate
Your Personal Information may be accessed by us, including our directors, employees, officers and
contractors. You consent to us providing your Personal Information, including Sensitive Information to
our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).
5.2. Parties required by law
Your Personal Information may be disclosed by us to any party to whom we are required by law to
provide your Personal Information and to any party to whom disclosure is permitted under the
Australian Privacy Principles, or where we reasonably believe that disclosure is required to comply
with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if
such disclosure is required by law. Where possible and appropriate, we will notify you if we are
required by law to disclose your Personal Information.
5.3. Direct marketing
You agree and expressly and indefinitely consent to us using or disclosing Personal Information
(other than Sensitive Information) to keep you informed about our products and services and other
products and services that we consider may be of interest to you. For this purpose, disclosure may
be made to our third-party service providers. We may communicate with you via phone, email, social
media, SMS, or regular mail. If you have indicated a preference for a method of communication, we
will endeavour to use that method wherever practical to do so.
You can opt-out of direct marketing communication activities undertaken by us at any time by clicking
the “unsubscribe” or “opt-out” link on email communications from us, replying ‘Stop’ to a promotional
SMS or by contacting us by phone or email.
5.4. Other third parties
We may share your Personal Information with third parties if it is reasonably related to the provision of
our Services. The third parties that we may share your Personal Information with includes
consultants, contractors, credit agencies, debt collection agencies and other service providers to us
that perform services on our behalf. Such services we procure may include identifying and
disseminating advertisements, enforcement of our Terms, providing fraud detection and prevention
services, processing payments or providing analytics services. We may also share your Personal
Information with our business partners who offer goods or services to you jointly with us (for example,
contests or promotions).
We may share your Personal Information where we have reason to believe that doing so is necessary
to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally
or unintentionally) with our rights or property, users, or anyone else who could be harmed by such
activities.
We may also share your Personal Information with third parties with your consent in a separate
agreement, in connection with any company transaction (such as a merger, sale of assets or shares,
reorganisation, financing, change of control or acquisition of all or a portion of our business by another
company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar
proceedings.
Note that we reserve the right to share your Personal Information with other third parties where, in our
sole discretion, it is required to:
(a) investigate and defend ourselves against any third party claims or allegations;
(b) protect against harm to the rights, property or safety of OFFERMADE, its users or the public as
required or permitted by law; and
(c) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical
issues.
5.5. Overseas disclosure
Please note that some of the parties listed above to whom your Personal Information may be
disclosed, may be located overseas, including countries such as India.
We use reasonable steps to ensure that these parties are either governed by substantially similar,
accessible and enforceable laws to the Australian Privacy Principles or adhere to the Australian
Privacy Principles, however to the maximum extent permitted by law, we are not liable for the privacy
practices of such parties.
By providing your Personal Information to us, you acknowledge and consent to disclosure of Personal
Information to such overseas recipients.
6. Third party websites and social media
Our Services may, from time to time, contain links to and from websites which are owned or operated
by other parties. You acknowledge and agree that OFFERMADE has no control over, and shall not be
liable for, the privacy practices or content of these third party websites and OFFERMADE does not
make any representation about the privacy practices of, any third-party websites, whether or not
linked from or transferred from our Services. You are responsible for checking the privacy policy of
any such websites and applications so that you can be informed of how they will handle Personal
Information.
We run pages on a number of social media platforms, including Facebook, Instagram, Pinterest and
Google Plus (Social Media Platforms). By accessing, interacting with and using our social media
pages, you agree to the terms and privacy policy of those Social Media Platforms. You acknowledge
and agree that these Social Media Platforms may collect your information and that the privacy
practices of those Social Media Platforms are not controlled by us and that we hold no responsibility
for such privacy practices.
Social Media Platforms also allow public access to your public social media profile, which may include
your username, age range, country/language, list of friends or other information that you make
publicly available and you understand that such information may therefore be accessible by us if you
interact with its social media pages.
We may from time to time, have access to statistics regarding the number of views, navigation
patterns, posts that you like, comment on or share and any user interactions with our social media
pages and may use such information for the purpose of its marketing and promotion strategies.
7. How can you access or update your Personal Information?
At any time, you may request access to Personal Information we hold about you. We may refuse to
provide access if the law allows us to do so, in which case we will provide reasons for our decision as
required by law.
We take reasonable steps to keep your Personal Information accurate, complete and up-to-date. If,
at any time, you discover that information held about you is incorrect, you may contact us to have the
information deleted or corrected.
You may request access to the information we hold about you, or request that we delete, update or
correct any Personal Information we hold about you, by setting out your request in writing and
sending it to us in accordance with paragraph 10 .
OFFERMADE will process your request as soon as reasonably practicable, provided we are not
otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let
you know why.
8. How can you make a complaint about our privacy
practices?
You may submit a written complaint about how we handle your Personal Information to our Privacy
Officer via the details below. If you are not satisfied with our handling of your complaint or we have
not replied to you within a reasonable period of time, then you are entitled to make a complaint to the
Office of the Australian Information Commissioner or, if you are in the EU, a data protection authority
or supervisory authority.
9. Amendments
We reserve the right to amend this Privacy Policy from time to time as we see fit. While we
endeavour to notify you as soon as reasonably possible of any changes to our Policies by email or by
a notice on our Services, it is your responsibility to keep up to date with any changes or amendments
by checking this page prior to using our Services. This page contains our most accurate and up to
date version of our Privacy Policy.
10. Contact us
All requests for access or corrections to your Personal Information and complaints should be directed
to our Privacy Officer. If submitting a complaint, please provide our Privacy Officer with full details of
your complaint and any supporting documentation:
(a) by contact form at www.offermade.com.au;
(b) by e-mail at support@offermade.com.au; or
(c) by letter to The Privacy Officer, OFFERMADE, 4/26 Cornell Street, Camberwell, VIC 3124.
If you are not satisfied with our handling of your complaint or we have not replied to you within a
reasonable period of time, then you are entitled to make a complaint to the Office of the Australian
Information Commissioner.
1. Introduction
1.1. By using this website (located at [www.offermade.com.au), any related websites or URLs, social media
platforms owned or operated by us (Sites) and our services, including making a purchase
through the Sites and use of our contact form (collectively, the Services), you agree to be legally
bound by these Terms and Conditions (Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with Sales Technologies Pty Ltd
(ACN 647 962 043) including its successors, assignees and related bodies corporate (defined in
the Corporations Act 2001 (Cth)) (Sales Technologies or we or us), and agree to comply with
any and all applicable laws and regulations, whether domestic or international.
1.3. Our Services, including but not limited to the registration of an account with us or placing of an
Order, is not intended to be used by children under the age of 18. If you are under 18, any use of
our Services must be with the involvement of a parent or guardian.
1.4. By accessing or using our Services, you warrant and represent to us that you have read,
understand and agree to be bound by these Terms and that you are over the age of 18 years of
age, have the right, authority and legal capacity to enter into a legally binding agreement and to
abide by these Terms.
1.5. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy
Policy, are incorporated into these Terms. You agree to comply with all such Terms when
accessing or using our Services.
2. Use of the Services
2.1. You agree that you are responsible for your access to our Services and for ensuring that any
persons that may access the Services through your internet connection are aware of and
compliant with, these Terms.
2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws
and regulations in Australia, in your state/country, in the location that you access the Services
and otherwise where applicable, and that you will not use our Services for any activities that are
unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the
rights of others.
Details and marketing emails
2.3. When you provide your details to us, you warrant and represent that the details are accurate and
that you are the account holder or authorised nominee of the contact number that you provide to
us. You consent in advance to be contacted during our usual business hours (including in
relation to customer service matters, Order confirmation/assistance, product offers and/or other
promotional purposes) and to receiving marketing and promotional materials via electronic
communication to the contact details provided in accordance with our Privacy Policy.
Your Conduct
2.4. You agree that you will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking
conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere
with or prevent the reliability and performance of the Services, or interfere with or attempt
to interfere with any other user's use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details
including your image (for example by using only arcuate and current photos), name, age,
identity, affiliation, connection or association with, any other person or entity;
(e) use the Services to promote or solicit involvement in or, support of a political platform,
religion, cult, or sect;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Service to redirect users to other websites or encourage users to visit other
websites;
(i) use the Service for any phishing, trolling or similar activities;
(j) defraud, scam, hack, swindle or deceive other users of the Services;
(k) harvest or collect email addresses or other contact information of other users from the
Services by electronic or other means or use the Services to send, either directly or
indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or
communications or other spamming or spamming activities;
(l) circumvent, disable or otherwise interfere with security-related features of the Services or
features that determine whether you are acting in accordance with the Terms;
(m) attempt to access any Services or area of the website that you are not authorised to
access;
(n) allow third parties to access and use the Services via your account;
(o) collect or solicit another person's personal information or images for commercial,
inappropriate or unlawful purposes;
(p) use any programs, scripts, bots or other automated technology to scrape or access the
Services or hijack user accounts or log-in sessions;
(q) embed, frame, include or imitate any part of the Services on another website, application
or other platform, without our prior written authorisation;
(r) use any kind of code, program or device containing reference to the Services in order to
direct any person to any other website for any purpose;
(s) resell, rent out or make any commercial use of the Services;
(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect
any pictures, descriptions, data or other content from the Services;
(u) attempt to mislead others as to the origin of any information through the Services by
copying, forging or manipulating identifiers such as headers, footers or signatures;
(v) use automated methods or processes to use or access the Services or create user
accounts;
(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our
Services is stored or any server, computer or database connected to our Services;
(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other
programs, scripts or material that may be malicious or technologically harmful to us, our
website, Services or other users of our Services; or
(y) use the Services other than for their intended purpose.
User accounts
2.5. To access and use the Services, you may be required to register for a user account.
2.6. You agree that you are solely responsible for maintaining the confidentiality of your account
details, including your password. When you register an account with us, please note that your
Personal Information will be accessible by us in accordance with our Privacy Policy.
2.7. You agree that User Content you provide to us may be made publicly accessible to third parties,
including other users or visitors of the Services. You agree that we are not liable to you for the
use or access of User Content by third parties.
2.8. We retain the right to screen and verify you or your business and identity in our sole discretion.
You agree to submit to such screening and to provide to us at your cost, immediately upon
request, complete, accurate and current information confirming your identity and eligibility to use
the Services, including company records, copies of photo identification (such as drivers licence
and passport) or other identifying documentation.
2.9. You understand that we may, in our absolute discretion, investigate, take legal action, terminate
or cancel your access to the Services, your account, subscription or membership at any time,
including if it is found that you have, or are suspected of, violating these Terms.
3. User Content
Licence to use User Content
3.1. By providing or sending to us, uploading, publishing, transmitting or making available any data,
content or other material to Sales Technologies (User Content), you agree to grant Sales
Technologies, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual,
irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify,
adapt, publish, publicly perform, translate, create derivative works from, distribute and display in
any form, any such content, including but not limited to text, images, videos, graphics, audio and
photographs without attribution, including for the purpose of completing your Order.
3.2. By uploading, publishing, transmitting or making available any User Content to Sales
Technologies, you warrant and represent to Sales Technologies that:
(a) you hold all the intellectual property rights to the User Content and have the authority to
upload or make available the User Content and licence the User Content to Sales
Technologies;
(b) Sales Technologies’s use of the User Content will not infringe or violate any third-party
rights, including but not limited to defamation, intellectual property rights, moral rights and
privacy rights and will not give rise to an obligation to make any payment to a third party;
(c) any User Content you associate with the Services or send to other users is accurate,
complete, not false and not misleading;
(d) the disclosure and use of the User Content to Sales Technologies will not cause harm to
any other user or third party, or violate their rights including any patent, trade mark, trade
secret, copyright or other intellectual property or proprietary right (such as User Content
that contains copyrighted material without permission) or right to privacy;
(e) the use by Sales Technologies of the User Content will not breach the security of Sales
Technologies or its users by containing viruses, Trojan horses, worms or other harmful or
disruptive scripts, code, programs or content;
(f) the disclosure and use of the User Content by Sales Technologies does not violate these
Terms or other policies, or any applicable law, rule or regulation;
(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented,
threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory,
inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted,
hateful or violent content;
(h) the User Content does not promote or cause harm or intimidation of any kind against any
group or individual;
(i) the disclosure and use of the User Content by Sales Technologies does not violate the
privacy of any other person by containing visual or audible representations of another
person without his or her express written consent or violate their data protection or privacy
rights;
(j) the disclosure and use of the User Content by Sales Technologies will not bring Sales
Technologies into disrepute; and
(k) the User Content does not contain, promote or enable illegal or unlawful activities.
Rights and liability of Sales Technologies in relation to User Content
3.3. Sales Technologies retains the right, at any time without reason or notice, to pre-screen, review,
control, monitor, reject, delete or edit User Content, however Sales Technologies is not obliged to
do so.
3.4. You agree that Sales Technologies may require you to remove, amend or delete User Content
and that you must comply with such requirement within 1 days’ written notice to you.
3.5. You acknowledge and agree that Sales Technologies does not control, take responsibility for, or
assume any liability for, any content submitted by you, or other users of the Services or any third
parties, and that Sales Technologies is not liable for any mistakes, defamation, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. You agree to release Sales
Technologies and its agents and officers and employees from any such claims or liability and
acknowledge that the User Content submitted by you or other users, as well as any other
information or materials available through the Services may have copyright protection whether or
not it is identified as being copyrighted.
4. Termination
Without prejudice to any other remedies, Sales Technologies may in its absolute discretion, at
any time and without notice to you.
(a) terminate these Terms; and or
(b) terminate the Services or your access to the Services.
4.2. To the maximum extent permitted by law, Sales Technologies will not be liable to you for any
further loss or damage you suffer because Sales Technologies has exercised its rights under this
clause or these Terms.
5. Intellectual Property
5.1. Sales Technologies owns, controls or licences all materials contained on, or in, our Services,
including text, images, graphics, logos, designs, illustrations, audio, videos, music, user
interfaces, photographs, trade marks, logos, coding or programming and artwork, including but
not limited to the design, structure, selection, co-ordination, expression, “look and feel” and
arrangement of such content contained in our Services (Sales Technologies IP).
5.2. Sales Technologies IP is protected by copyright, trade mark laws, and various other intellectual
property rights and unfair competition laws and must not be copied, imitated or used (in whole or
in part) without the prior written consent of Sales Technologies.
5.3. Access to and use of our intellectual property is granted to you on a limited, revocable, non-
sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform,
display, reverse engineer, decipher decompile or otherwise disassemble any portion of
the Sales Technologies IP or our Services or cause or assist others to do so;
(b) challenge Sales Technologies’s ownership of Sales Technologies IP;
(c) infringe Sales Technologies IP; or
(d) use or make any intellectual property that is similar to Sales Technologies IP.
5.4. You may access and use the information provided in our Services, on a limited, revocable, non-
sublicensable licence, for your personal, non-commercial informational purposes. No content
may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way to any other computer, server, website
or other medium for publication or distribution or for any commercial enterprise, without the prior
written consent of Sales Technologies.
5.5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any
licence to, or assignment of, any of Sales Technologies’ intellectual property rights, whether by
estoppel, implication or otherwise. Sales Technologies reserves all rights not expressly granted in
the Services.
6. Privacy
You agree to allow Sales Technologies to send you emails regarding the Services, including any
information regarding or relating to our services, in accordance with our Privacy Policy. Please see our
Privacy Policy for information about our privacy practices.
7. Unauthorised access and malicious materials
7.1. You must not attempt to, or actually gain, unauthorised access to our Services, the server on
which our Services is stored or any server, computer or database connected to our Services.
You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses,
trojans or other programs, scripts or material that may be malicious or technologically harmful to
us, our Services or other users of our Services.
7.2. To the maximum extent permitted by law, we will not be liable for any losses or damage
whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in
contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies
that may affect our Services as aforementioned, system failures or any other harmful material
that may infect your computer, device, programs, data or other proprietary material and you
release us from any such liability.
8. Third Parties
Our Services may, from time to time, contain links to and from websites which are owned or operated
by other parties. Links in the Services to third parties do not constitute sponsorship, approval or
endorsement of the content, policies, practices or services offered by those parties unless expressly
stated by us in writing. Third party websites are governed by their own terms and conditions and privacy
policies and we recommend that you make your own enquiries as to their terms. We do not accept any
liability for any information on, or the privacy practices of, any third party websites.
8.1. We use payment providers to facilitate our software such as Stripe and Afterpay, by using our services you are also bound by their respective terms and conditions.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, neither Sales Technologies, nor any of its employees
or agents, will be liable for any loss, damage or injury whatsoever (including for negligence,
death, injury or illness and special, indirect or consequential loss or damage such as loss of
profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of
data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or
opinions contained obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the
Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any services supplied by Sales Technologies; or
(e) these Terms or any breach of these Terms.
9.2. You understand and agree that you are responsible for your own acts, omissions and negligence
and if there are any consequences to your acts, omissions or negligence or through your use of
the Services, that you will be responsible for those consequences.
9.3. To the extent permitted by law, Sales Technologies expressly disclaims all warranties of any kind
unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in
these Terms purports to exclude any rights or remedies in respect of goods or services under the
Australian Consumer Law which cannot be excluded, restricted or modified.
9.4. This clause survives termination of these Terms.
10. Disclaimer of Warranty
10.1. Sales Technologies provides the Sites and their contents on an “as is” basis and use of this
information is at your own risk. While we aim to update the Sites regularly, neither Sales
Technologies, nor any of its employees or agents, makes any representation or warranty as to
the accuracy, completeness, currency or reliability of the information contained on the Sites.
10.2. We reserve the right to restrict access to the Services or any part of the Services, change or
withdraw any products, information or content featured in the Services or provided through our
Services, without notice. You acknowledge and agree that we retain complete editorial control
over the Services and may alter, amend or cease the operation of the Services or any part of the
Services, at any time, in our sole discretion.
11. Release and Indemnity
11.1. You agree to release and indemnify and hold Sales Technologies and (as applicable) its
affiliates, agents, and employees, harmless from and against any claims, demands, proceedings,
losses and damages (actual, special and consequential) of every kind and nature, known and
unknown, including legal fees on a full indemnity basis, arising from or in relation to your
purchase or use of services purchased or provided from the Sales Technologies, your use or
access of the Services, or any access to the Services by a third party arising out of your breach
of these Terms, or your violation of any law or the rights of a third party.
11.2. This clause survives termination of these Terms.
12. Amendments and correction of errors
12.1. Sales Technologies reserves the right to amend these Terms from time to time as it sees fit. Any
amendments or changes to these Terms are effective from the date on which the amended terms
are published except in relation to Orders placed prior to the publication of any varied terms.
12.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms
by email or by a notice on or in the Services, it is your responsibility to keep up to date with any
changes or amendments to these Terms by checking this page, which contains our most
accurate and up to date version of our Terms.
12.3. Sales Technologies reserves the right to amend any errors in the Services, including any pricing
errors, and amend any information, at any time without notice to you.
13. General
13.1. Waiver: Any failure or delay by Sales Technologies in exercising a power or right (either wholly
or partially) in relation to these Terms does not operate as a waiver or prevent Sales
Technologies from exercising that power or right or any other power or right. We are not liable to
any other party for any loss, cost or expense that may have been caused or contributed to by the
failure, delay, waiver or exercise of a power or right. This clause survives termination of these
Terms.
13.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms
as a result of any fact, circumstance or matter beyond our control, we are relieved of that
obligation to the extent and for the period that it we are unable to perform the obligation. You
agree that Sales Technologies will not be held liable for any delay or failure in performance of
any part of the Services.
13.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction
to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does
not affect the validity of the remaining provisions of these Terms. This clause survives
termination of these Terms.
13.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-
employer or franchisor-franchisee relationship between Sales Technologies and you or any other
party unless expressly stated otherwise.
13.5. Entire agreement: These Terms (and all other terms and conditions and policies that are
incorporated by these Terms) and any additional policies or terms you have agreed to through
use or access of our Services make up the entire agreement, and supersede all prior written and
oral agreements, representations, undertakings and understandings. Where there is an
inconsistency between these Terms and any additional Terms, the additional Terms will prevail.
This clause survives termination of these Terms.
13.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its
appellate courts. Although the Services may be accessed throughout Australia and overseas, we
make no representations or warranties that its content, or the Services, comply with the laws
(including intellectual property laws) of any country outside Australia. If you access the Services
from outside Australia, you do so at your own risk and are responsible for ensuring compliance
with all laws in the place where you are located. This clause survives termination of these
Terms.
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