This website is operated by 23shout Pty Ltd (ACN 642 022 553).
In these terms and conditions, the expressions we, us and our are a reference to 23shout Pty Ltd (ACN 642 022 553) and our affiliates.
The terms and conditions are made up of two sections:
- Website terms and conditions, which apply to all users of this website, even if just browsing; and
- Services terms and conditions, which apply to all users of our products and services, including via the website app or mobile app.
These website terms and conditions apply to all users of this website, even if just browsing.
If you use this website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
All intellectual property rights in this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
This website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this website updated. The information on this website is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on this website without first satisfying yourself as to the truth or accuracy of all information given.
We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of this website.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
Access to this website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.
If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
These services terms and conditions apply to all users of the Services, including via the website app or mobile app
When we refer to Services in these terms and conditions, we mean all products and services provided by us that are used by you, including any products and services that are provided on a trial basis or otherwise free of charge.
If you use the Services, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to the Services. If you do not accept these terms and conditions, you must refrain from using the Services.
1.1 Subject to you accepting and complying with these terms and conditions, we grant you a non-exclusive, revocable, limited licence to access and use the Services.
- You must:
- act reasonably, follow our directions, and cooperate with us in connection with your access to and use of the Services;
- provide us with information or data that we request from you through the Services from time to time;
- use the Services in accordance with all applicable laws, including the Privacy Laws and surveillance laws; and
- not access or use the Services or any Content other than in accordance with these terms and conditions.
2.2 You will be entitled to, and will be issued with, a single login and password (which may change from time to time) to access and use the Services (User Credentials).
2.3 You must:
- not allow your User Credentials to be used by any third party (including another end user);
- ensure that your User Credentials are kept secure and confidential, and take all steps necessary to ensure that your User Credentials are not disclosed, provided or made available to, or otherwise accessed by, any third party;
- ensure that you comply with our reasonable instructions in relation to the security and integrity of your User Credentials; and
- notify us immediately after you become aware that your User Credentials have been disclosed, provided or made available to, otherwise accessed by, or used by any third party.
3.1 You must not
- resupply, resell, sublicense, make available or otherwise allow any other person to access or use the Services or any Content;
- decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the Services, including any source code, object code, algorithms, methods or techniques used or embodied therein;
- corrupt or misuse the Services; or
- use the Services:
- to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;
- to gain unauthorised access to, or interfere with, any online resources or systems of any third party, including by any form of hacking;
- to distribute unsolicited emails to third parties, including bulk unsolicited emails;
- in any manner that is likely to result in our systems, or that of any other person, being affected by any malicious code;
- in a way that infringes the Intellectual Property Rights or any other rights of any person;
- in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our customers or other end users;
- in a way that uses any data mine, scrape, crawl, email harvest or any other process that sends automated queries; or
- in any other manner that is otherwise unacceptable to us.
3.2 If we make available to you any feature or functionality that allows you to store, distribute, provide, or otherwise transmit information, data or material through the Services, you must not use such features or functionality for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any information, data, material or content that:
- infringes the Intellectual Property Rights of any third party;
- is unlawful, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- promotes unlawful violence;
- depicts sexually explicit images; or
- is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability.
3.3 We reserve the right to remove from the Services any of your materials or content that we consider to be inappropriate or otherwise in breach of clause 3.1 and 3.2.
4.1 You agree that, to the extent permitted by applicable law and subject to clause 9.1:
- we make no warranty that the Services or any Content will be accurate, free from defects, errors or faults, or that they are fit for any particular purpose;
- if any Content available on the Services is supplied by third parties, we do not review or verify that information;
- the Services may contain access to third party products, content or services and your use of any third party product, content or service as part of, or in connection with, the Services may be subject to separate terms and conditions, whether imposed by us or by the relevant third party (and you must comply with such third party terms and conditions);
- you are responsible for any data, information or other content that you upload or input into or through the Services (Your Data), including back up of Your Data;
- the Services or any part of the Content may not be available from time to time, and we make no representation or warranty in relation to the availability of the Services or the Content;
- the Services may not be fully compatible with your mobile device or your operating system; and
- the Services requires an active internet connection, and using the Services via a mobile device may incur fees and charges from your mobile internet service provider.
5.1 We (or our licensors, as applicable) own all Intellectual Property Rights in the Services, and any material, data or content that you access or use through ORDO (other than Your Data) (Our IP). All modifications and enhancements to Our IP are also to be treated as Our IP. If you modify or enhance Our IP in any way, you assign to us (or our licensors as applicable) all Intellectual Property Rights in those modifications or enhancements immediately from creation.
No use of our marks
5.2 You must not use our trade marks or logos except with our prior written consent.
5.3 You retain all Intellectual Property Rights in Your Data.
5.4 To the extent you own any Intellectual Property Rights in Your Data, you grant us a non-exclusive, irrevocable, sub-licensable global licence to store, reproduce, use, modify, disclose and otherwise exploit Your Data for the purposes of providing the Services.
5.5 You warrant that use of Your Data as set out in these terms and conditions will not infringe the Intellectual Property Rights or other rights of any third party.
5.6 You warrant, and it is a condition of these terms and conditions, that you have all necessary permissions, licences, regulatory approval or other authorities needed to use Your Data with the Services or otherwise in connection with these terms and conditions.
5.7 From time to time, we may request that you provide feedback to us in relation to your use of the Services (Feedback).
5.8 All Intellectual Property Rights in any Feedback you provide to us vests in us. You assign to us all Intellectual Property Rights you may have in any Feedback immediately from creation.
6.1 You must treat as confidential information all information provided or made available by us under or in connection with these terms and conditions or your use of the Services, including our technical, operational, billing, pricing and other commercial information (Confidential Information).
7.1 We may change these terms and conditions from time to time so you should check them regularly.
7.2 In the event that we make any changes to these terms and conditions, you are not required to accept them if you do not agree with them, but you will not be able to, and must not, use the Services unless you have accepted the amended terms and conditions.
7.3 If you continue to use the Services after 30 days of us making any amendments, then you are taken to have accepted those amendments.
8.1 We may but are not obliged to make changes to the Services. We may notify you of any material changes to the Services via the Services themselves or by electronic communication but we are not obliged to.
8.2 In the event that we make any changes to the Services, you may not be able to use the Services unless you accept such changes.
9.1 If we are liable to you in any way in relation to these terms and conditions or the Services (including for any claim that we have failed to comply with any guarantee for which liability cannot be excluded but may be limited under the Competition and Consumer Act 2010 (Cth) or any other legislation), our liability to you is limited to:
- replacing and resupplying the Services to you or paying the cost of having the Services replaced and resupplied to you (at our election); or
- resupplying the relevant service within the Services to you or paying the cost of having that service supplied to you again (at our election), as applicable.
9.2 Subject to clause 9.1, we are not liable for any loss, damage, liability, penalty, fine, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, however caused (including by our negligence), that you suffer or incur in connection with these terms and conditions or the Services.
9.3 You are liable for, and indemnify us from and against, all loss or damage of any nature or kind (including legal costs) that we incur or suffer and that arises from or in connection with:
- your breach of these terms and conditions; or
- any claim against us by a third party in relation to any of Your Data or your use of the Services.
10.1 We may suspend or terminate the licence granted to you under clause 1.1 at any time without notice to you for your actual or suspected breach of these terms and conditions.
- you do not accept any amended or new version of these terms and conditions as contemplated in clause 7; or
- you do not accept any changes or modifications we have made to the Services as contemplated in clause 8, then the licence granted to you under clause 1.1 will immediately terminate.
10.3 On termination of these terms and conditions, we may delete or destroy Your Data.
10.4 Termination of these terms and conditions will not affect clauses 5, 6, 9, 10.3,11 or 12 or any provision of these terms and conditions which is expressly or by implication intended to come into force or continue on or after the termination.
11.2 You must obtain consent from, and make any necessary disclosures to, all relevant individual before disclosing their Personal Information to us under these terms and conditions or otherwise in connection with your use of the Services, and otherwise comply in all respects with your obligations under the Privacy Laws.
11.3 You must give all assistance we require and comply with all directions we give from time to time in relation to our compliance with the Privacy Laws, or any investigation, request or enquiry (formal or otherwise) from the Privacy Commissioner regarding the Personal Information disclosed to us under these terms and conditions or otherwise in connection with your use of the Services.
11.4 You must notify us immediately if you become aware of any breach of clause 11.
12.1 Despite any other provision in these terms and conditions, we and our suppliers may use any data which is de-identified for any purpose.
13.1 The laws of Queensland, Australia govern these terms and conditions, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
13.2 A right under these terms and conditions may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
13.3 You agree that we may use subcontractors to provide the Services to you.
13.4 Each provision of these terms and conditions will be read and construed as a separate and severable provision or part and, if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
14.1 In these terms and conditions:
Content means any information, data or other materials that we make available to you through the Services.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, patent, registered or unregistered trade mark, registered or unregistered design, or right of registration of such rights.
Personal Information has the same meaning given to that term in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) as amended, re-enacted or replaced and includes any subordinate legislation issued under it.
Privacy Laws means:
- the Privacy Act;
- the Australian Privacy Principles (or APPs) in schedule 1 of the Privacy Act; and
- all other applicable laws, regulations, registered privacy codes, privacy policies and contractual terms in respect of the processing of Personal Information.