THIS IS A BINDING AGREEMENT between <ShareTree Inc.> ABN <99 857 937 053> (hereinafter as ‘we’, ‘us’, or ‘our’) and any person (‘you’ or ‘your’) who registers as a user on our website and/or installs our application.
In consideration for us giving you access to and use of:
- our website, or
- our application
you agree to be bound by and abide by the Terms and Conditions of Use set out herein.
The use of our website and/or the application is subject to these Terms and Conditions of Use (as detailed below), which constitutes the full agreement between you and ourselves. By using our website and/or downloading or installing our application you acknowledge that you have read, accepted and agree to be bound by these Terms and Conditions of Use.
If you do not agree with or do not wish to accept the Terms and Conditions of Use, then please:
- do not use our website; or
- uninstall our application immediately.
You are also advised that failure to accept these Terms and Conditions of Use may result in your inability to access certain sections of our website.
We are committed to protecting your Privacy in accordance with Australian Principles. We also recognise that when you choose to provide us information about yourself that you trust us to act responsibly and in your best interests; therefore, we have the following policies in place to protect your personal information.
Storing Your Information
Information We Collect
We may collect personal information supplied by you when you sign up and/or download the application in order to facilitate your access to third party products and/or professional services. Such information will enable us to analyse our services and enable us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help us understand how to make our website/application more available and user friendly for you and to measure the success of any advertising activities we may under take:
- your IP address and/or GPS location.
- the date and time of your visits to our website and/or use of our application.
- your clicks and activity on our website and/or application.
- the referring site and/or app if any through which you clicked through to our website and/or application.
- technical information on your browser, device and operating systems.
Information We Release
We will only release information about you as authorised by yourself, required by law or where required in order for us to provide services to yourself (e.g. to third party providers, etc.). Where supplied to such third parties, the information provided will only be sufficient for the third party to provide their products and/or professional services and may not be used by them for any other purpose.
We will not release your information for any purpose which you could reasonably expect us not to release the information.
Except as detailed above, we do not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within our organisation who have a need to know in order to ensure you are provided with information about our services or to request any third party products and/or professional services through our website and/or application.
Under the Privacy Act legislation you can ask to see any information we may hold about you and you also have the right to have any inaccuracies in the same corrected by us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of your request.
You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of our website and/or application. You will not copy any part of our website and/or application, or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of our website and/or application to any third party.
You are responsible for payment of any costs or expenses incurred as a result of using (and/or downloading) the website and/or application, including any operator network and roaming charges. Please check with your service provider for details.
Our website and/or application uses a technology called cookies (a small element of data that our website and/or application may send to your computer and/or device) that may be used to provide you with specific information for the purpose of us tracking our website and/or application usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website and/or application to recognise you when you return to the same.
If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the “Contact Us” section of our website and/or application.
Your use of our website and/or application is at your sole risk. We act solely as a facilitator between you and the relevant third party provider. We do not warrant the accuracy or quality of the third party provider’s products and/or professional services, or warrant that the recommendations thereof are appropriate or adequate, or are fit for their purpose, or that they are not given negligently. You agree not to make any demand on us, or commence any legal proceedings against us, and we shall have no liability, whether in negligence or otherwise, to you in relation to any products and/or professional services provided by any third party providers. Should you fail to contract with the applicable party for the provision of products and/or professional services by such third party, or if a dispute arises in respect of any agreement between you and the applicable third party, we shall be under no liability to you and/or any third party provider, and in particular will not be responsible for any loss or damages you and/or any third party provider sustains.
We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other information maintained or transmitted by our website and/or application. We are not responsible for the accuracy or reliability of any information or advice transmitted through our website and/or application.
To the extent legally permitted, in no event shall we be liable for any losses or damages whatsoever. In no event shall our total liability to you exceed the amount actually paid by you (if any) for access to our services (including, but not limited to our website and/or application).
Copyright and Trademarks
The contents of our website and/or application are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and you may not distribute, reproduce, display, publish, alter, destroy, obscure, or otherwise remove any copyright, trademark, proprietary notices or labels, or other content contained within our website and/or application for any purpose whatsoever without the prior written approval of us, our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with clause.
Advertisers and Linked Sites
The website and/or application may enable you to link or connect you to use functionalities of third-party sites, apps or services that are not owned or controlled by us, and such are subject to the terms and conditions of the relevant third party provider. We have no control over, and are not responsible or liable for, any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, apps, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the our website and/or application, and the display of such does not constitute our endorsement of either any advertiser and/or third party provider, or any of their site and/or app content or business practices. Access to such is at your sole risk and it is your responsibility to check the privacy policies and terms of service and usage of all third party sites and/or apps that you visit/download prior to using and/or downloading any such sites and/or apps.
We shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.
Specifications and Information
Specifications and information provided on our website and/or application are given in good faith based on our knowledge, experience, or information provided to us by third party providers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of products and/or professional services provided through our website and/or application in respect of the use of the products and/or professional services or their suitability for a particular use that you contact us or seek external professional opinion.
We undertake to use our best endeavours to provide reliable products and/or professional services, based on your specifications (such as available resources and geographical location, etc.). The introduction to any third party provider offering products and/or professional services is strictly confidential between you, us and such third party.
Changes to Terms and Conditions
We reserve the right, without any liability to you, to modify these Terms and Conditions of Use without notice at any time. Your continued use of our website and/or application following any modifications to these Terms and Conditions of Use will be deemed acceptance of any such modifications. If you do not accept and abide by these Terms and Conditions of Use, you may not use and/or download our website and/or application.
Our website and/or application is provided on an “as is” and “as available” basis.
Due to the inherent nature of websites and/or applications we cannot guarantee uninterrupted or continuous availability of our website and/or application and you accept that our website and/or application may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website and/or application downtime whether scheduled or otherwise.
We make no warranty, and disclaim all responsibility and liability for, the availability, timeliness, security, reliability, quality of our website and/or application and any other products, services, information obtained through our website and/or application.
Termination of Use
We may, at any time without notice or any requirement to give you a reason why, limit your use or discontinue our website and/or application (at our sole discretion). In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).
Our website and/or application (excluding any linked third party sites and/or apps) is controlled by us from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the website and/or application. As each country has laws that may differ from Australia, by accessing our website and/or application, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website and/or application, irrespective of any conflict with any laws and statutes applicable to your country of domicile.
You further acknowledge and agree that the filing of a claim against us (if any) must be made in the State of Australia in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that any products and/or professional services offered through our website and/or application are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, our website and/or application which is illegal in your country of domicile is strictly prohibited.