Last updated: 16.3.2018
These terms and conditions (Terms) govern the services offered by Contacta Pty Ltd ACN 624 829214 of 51 Victoria Cres, Abbotsford, VIC, 3067 (we, us or our) through our website at www.sproutsend.com (Website).
By creating an Account, you (and the entity you represent) (You or Your) agree to be bound by these Terms.
Otherwise, then as set out above, all capitalised terms used in these Terms are defined in the dictionary in clause 18.
We offer various Services which You may subscribe for by creating Your Account, including:
You can find additional details about such Services on our Website.
We may send notices and other communications regarding Your Account, the Services or other matters to You via email. You should update Your Account so that your contact details are current at all times. You can update your communication preferences through Your Account.
Our invoices will be emailed to You at the email address specified in the details section of Your Account. All invoices will also be available through the “billing” section of Your Account.
In these Terms:
In these Terms, the following terms are defined as set out below:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Days means a day when the banks are open for business in Melbourne, Victoria excluding a Saturday, Sunday or public holiday.
Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, expense, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Consumer has the meaning given to it in the Australian Consumer Law.
Consumer Guarantee means any statutory guarantee provided to Consumers under Division 1 of Part 3-2 of the Australian Consumer Law.
Data means all that information You provide to us in connection with the Services, including any Personal Information about You or Your Members, and any text, images, animations, sound and/or video recordings, works and other content included or proposed for inclusion in any communications arising from the Services.
Extracted Data means Data from Your Account which we may extract from our database and return to you on the cancellation or termination of Your Account pursuant to these Terms.
Fee means the fees we charge you from time to time in connection with Your access to Your Account and use of our Services, as set out in our Price List.
GST has the same meaning as in the GST Act.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
Insolvency Event means the happening of any of these events:
Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
Loss means all actions, claims, costs (including legal costs on an indemnity basis), damages, expenses, interest, liabilities and losses (including indirect and consequential losses).
Member means a person whose Personal Information is included in a database in connection with our Services, which may include Your customers, potential customers, employees and contractors.
Contacta Intellectual Property means any Intellectual Property Rights owned or used by us under licence including without limitation all Intellectual Property Rights in the Website, any Updates and any Intellectual Property Rights in existence or created in connection with our provision of the Services to You.
Notified Contact Details means:
51 Victoria Cres, Abbotsford, VIC 3067
Personal Information has the meaning given to that term under the Privacy Act 1988 (Cth).
Personnel in relation to a party means that party’s officers, office-holders, committee, members, employees, contractors and subcontractors.
Price List means our standard price list from time to time, which sets out our standard monthly subscription fee as well as the fees we charge for additional services and features that You may obtain through Your Account.
Privacy Laws means all applicable privacy laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Services mean any services that we provide to You from time to time in connection with Your Account.
Security Details means a log-in identification and password to enable you to access Your Account.
Spam Laws means all applicable laws relating to the sending of electronic communications, including the Spam Act 2003 (Cth)
Telephone Numbers means the telephone number(s) which we notify you of from time to time.