Terms of Service

Welcome to www.preampt.com (Website). Throughout the Website, the terms 'Preampt', 'Us', 'We', 'Our' refer to Preampt Pty Ltd ACN 623 157 700.

We offer the Website, including all information, content, services, tools and products (including but not limited to subscriptions to the Preampt application) (collectively 'Products and Services') available from the Website to you, the user and/or subscriber ('You', 'Your' or 'User') conditioned upon Your acceptance of all terms, conditions, policies (including but not limited to the Subscriber Terms and Conditions and the Privacy Policy available on the Website) and notices published on the Website from time to time (collectively the 'Terms of Service').

By accessing or using any part of the Website You agree to be bound by the Terms of Service.

These Terms of Service apply to all Users of the Website including without limitation Users who are browsers, vendors, customers, members, merchants, and / or contributors of content.

Please read these Terms of Service carefully before accessing or using the Website. If You do not agree to all the Terms of Service, then You may not access the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, content or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and /or changes to the Website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect their meaning.

1. Terms of use

a. By agreeing to these Terms of Service, You represent and warrant that You:

i. are at least 18 years of age;

ii. will only use the Website, the Products and Services lawfully; and

iii. will adhere to any age restrictions which apply to any Product or Service.

b. A breach or violation of any of the Terms of Service will result in an immediate termination of Your Products and Services.

2. Prohibited uses

a. In addition to other prohibitions as set out in these Terms of Service, you are prohibited from:

i. violating these Terms of Service;

ii. violating the terms of any applicable third party;

iii. using the Website or the Products and Services in any way which we consider inappropriate or which might bring Us, the Products and Services or other Users into disrepute, including (without limitation):

A. for any unlawful, deceptive or fraudulent purpose;

B. to solicit others to perform or participate in any unlawful acts;

C. to violate any regulation, rule, law, ordinance or the like;

D. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

E. to harass, abuse, stalk, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise interfere, infringe or violate the rights of any other party;

F. to upload or transmit viruses or any other type of malicious code or technology that will or may affect the functionality or operation of the Website, the Products and Services, other websites or the Internet;

G. to collect or track the personal information of others;

H. to spam, phish, pharm, pretext, spider, crawl, or scrape;

I. circumvent or manipulate our fee structure, the billing process, or monies owed to Us;

J. to gain or attempt to gain unauthorised access to Our computer network or User accounts;

K. to attempt to damage, disable, overburden, or impair our servers or networks;

L. interfering with any other User;

M. for any obscene or immoral purpose;

N. to interfere with or circumvent the security features of the Website, the Products and Services, other websites or the Internet; or

O. facilitating or assisting a third party to do any of the above acts.

b. We reserve the right to terminate Your use of the Website, the Products and Services or any related website for violating any of the prohibited uses.

3. General conditions

a. We reserve the right to refuse the Website or the Products and Services to anyone for any reason at any time.

b. You understand that by using the Website, Your content, may be transferred unencrypted and involve:

i. transmissions over various networks; and

ii. changes to conform and adapt to technical requirements of connecting networks or devices.

c. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Products and Services without express written permission by Us.

4. Accuracy, completeness and timeliness of information

a. While We use all reasonable efforts to ensure that all information on the Website (Information) is accurate and up to date, occasionally there may be Information on the Website that contains inaccuracies, omissions, typographical errors or is out of date in respect of, but not limited to descriptions, pricing, promotions, offers and availability.

b. We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information.

c. The use of this Website and the Information is at Your own risk and We accept no liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the Information.

d. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the Information or cancel orders if any Information is inaccurate at any time without prior notice (including after You have submitted an order).

5. Modifications to the products, service and prices

a. All descriptions of Products and Services and associated pricing are subject to change at any time without notice, at Our sole discretion.

b. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Website or a Product or Service.

c. Certain Products and Services may be available exclusively online through the Website and may have limited quantities.

d. We reserve the right, but are not obligated, to limit or prohibit the sales of Our Products and Services to any person, geographic region or jurisdiction.

e. Any offer for any Product and Service made on the Website is void where prohibited.

f. We do not warrant that the quality of any Product or Service purchased or obtained by You will meet Your expectations.

6. Accuracy of billing and account information

a. We reserve the right to refuse any order You place with Us.

b. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website.

c. You agree to promptly update Your account and other information, including Your email address and credit card details, so that We can complete Your transactions and contact You as needed.

7. Third-party links

a. Certain content available via Our Website may include materials from third-parties.

b. Third-party links on the Website may direct You to third-party websites that are not affiliated with Us.

c. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

d. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

e. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction.

f. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. User comments, feedback and other submissions

a. If, at Our request, You send specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), You agree that We may, at any time, without consent, restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to Us.

b. We are and shall be under no obligation to:

i. maintain any Comments in confidence;

ii. pay compensation for any Comments; or

iii. respond to any Comments.

c. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

d. You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

e. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website.

f. You may not use a false e‑mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any Comments.

g. You are solely responsible for any Comments You make and their accuracy.

h. We take no responsibility and assume no liability for any Comments posted by You or any third-party.

9. Copyright and Intellectual Property

a. The Website and the Products and Services contain material which is owned by or licensed to Us (or Our affiliates and/or third party licensors as applicable) and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, design, images, graphics, layout, appearance and look of the Website and the Products and Services.

b. Preampt, Our logo, and other Preampt material used in connection with the Website and the Products and Services are unregistered or registered trademarks of Preampt (collectively 'Preampt Marks').

c. 'Intellectual Property' includes all code, algorithms, copyright, fees, pricing, registered and unregistered Preampt Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Preampt (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms, goodwill in the business and Website and the Products and Services, trade, business company or organisation names, internet domain names, images and layout.

d. You agree that, as between You and Us, We own all Intellectual Property rights in the Website and the Products and Services and that nothing in these Terms constitutes a transfer of any Intellectual Property rights.

e. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Website and the Products and Services.

f. The Website and the Products and Services is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and may have security components that protect digital information only as authorised by Preampt.

g. Other trademarks, service marks, graphics and logos used in connection with the Website and the Products and Services are the trademarks of their respective owners (collectively Third Party Marks).

h. The Intellectual Property, Preampt Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Preampt or the applicable trademark holder.

i. Users do not obtain any interest or licence in the Intellectual Property, Preampt Marks or Third Party Marks without the prior written permission of Preampt or the applicable trademark holder.

j. Users may not do anything which interferes with or breaches the Intellectual Property rights.

10. Personal information

a. We respect the privacy of Our Users and Members and have created a Privacy Policy that sets out the rights and responsibilities regarding personal information disclosed on the Website.

b. Please read our Privacy Policy for more information.

11. Disclaimers

a. We provide the Website and the Products and Services as is, and You use the Website and the Products and Services at Your own risk.

b. To the fullest extent allowable under applicable law, We disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Website or the Products and Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Website or the Products and Services by a User is in compliance with laws applicable to the User or that information transmitted in connection with the Website or the Products and Services will be successfully, accurately or securely transmitted.

c. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Information, technical accessibility, fitness or flawlessness of the Website or the Products and Services or that Your use of the Website or the Products and Services will not infringe rights of third parties.

d. You agree that from time to time We may remove the Website or the Products and Services for indefinite periods of time or cancel the Website or the Products and Services at any time, without notice to You.

12. Limitation of liability

a. As a condition of using the Website and the Products and Services, and in consideration of the Website and the Products and Services provided by Us, We exclude and You agree to the fullest extent allowable under applicable law, in no event shall Preampt and its parent or related bodies corporate:

i. be liable to the User or any third party with respect to use of the Website and the Products and Services, including without limitation participation in online payment; and

ii. be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User information, Information or data, the inability to use the Website or the Products and Services or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:

A. the use of the Website or the Products and Services by you, including but not limited to damages resulting from or arising from your reliance on the Website or the Products and Services, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Website or the Products and Services;

B. any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;

C. any errors or omissions in any Information;

D. the disclosure of any of your information;

E. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms of Service or any transaction; or

F. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.

b. To the fullest extent allowable under applicable law, the maximum aggregate liability of Preampt and its parent or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Website or the Products and Services, is the amount that the User pays, if any, to Preampt for access to or use of the Website or the Products and Services during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

c. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

13. Indemnification

a. By using the Website and/or the Products and Services, You agree to defend and indemnify and hold Us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of or access to the Website or the Products and Services, any breach by you of these Terms or Service, any wilful, unlawful or negligent act or omission by You and any violation by You of any applicable laws or the rights of any third party.

b. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

14. Stripe

a. Payments made through our Website are processed using Stripe.

b. As such, any payments made through the Website will also be governed by Stripe's terms of use and privacy policy.

c. By using the Website you acknowledge that you have read and accepted Stripe's terms of use and privacy policy available at www.stripe.com ('Stripe Terms').

d. If any of the provisions of the Stripe Terms conflict with the Terms of Service, the terms of the Terms of Service have priority.

15. Miscellaneous

a. Headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect their meaning.

b. The failure of Us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

c. Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party.

d. These Terms of Service, the Website and the Products and Services are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.

e. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.

f. You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with Us, prior to resorting to any external dispute resolution process. Please notify Us in writing of any dispute you may have.

g. In respect of the subject matter of the Terms of Service, the Terms of Service contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms of Service and do not affect the interpretation or meaning of the Terms of Service and each of the parties has relied entirely on its own enquiries before entering into the Terms of Service.

h. For any questions or notice, please contact Us at:

Preampt Pty Ltd ACN 623 157 700

Address: 1/20 Hall Street, St Marys NSW 2760

Phone: +61413619720

Fax: +6124721 8292

Email: admin@preampt.com

Last updated July 2019