Terms of Service

WEBSITE TERMS & CONDITIONS OF USE

1. About the Website

(a) Welcome to flintt.com.au (the 'Website'). The Website allows you to access and

use the Flintt (the 'Services').

(b) The Website is operated by Flintt Pty Ltd, ACN/ABN 646265581 . Access to and

use of the Website, or any of its associated Products or Services, is provided by

Flintt Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By

using, browsing and/or reading the Website, this signifies that you have read,

understood and agree to be bound by the Terms. If you do not agree with the

Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Flintt Pty Ltd reserves the right to review and change any of the Terms by updating

this page at its sole discretion. When Flintt Pty Ltd updates the Terms, it will use

reasonable endeavours to provide you with notice of updates to the Terms. Any

changes to the Terms take immediate effect from the date of their publication.

Before you continue, we recommend you keep a copy of the Terms for your

records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the

user interface, you may also accept the Terms by clicking to accept or agree to the

Terms.

3. About the Service

(a) Flintt is is a marketing automation platform, we automate the essential marketing

steps required to build brand reputation and revenue

(b) Subscription based accounts are currently offered. You acknowledge and agree

that the accounts offered, as well as the account features may change from time

to time, and may be governed by separate terms which apply specific to the

account. Where special account-specific terms apply, you will be informed, and

must accept those terms before you are given such an account. For the avoidance

of doubt these Terms apply unless otherwise agreed or amended by account-

specific terms.

(c) Some accounts may be governed by a separate Software Licensing Agreement

with Flintt Pty Ltd, which may amend the terms of use. For the avoidance of doubt

these Terms apply unless otherwise agreed or amended by the terms of an

applicable Software Licensing Agreement.

4. Acceptable use of the Service

(a) Flintt, its related features, and website must only be used lawfully. Flintt Pty Ltd

reserves the right to suspend, cancel, or otherwise deny access to users and

accounts who use the service:

(i) To engage in any act that would disrupt the access, availability, and security

of Flintt and other Flintt Pty Ltd services, including but not limited to:

(A) Tampering with, reverse-engineering, or hacking our servers.

(B) Modifying, disabling, or compromising the performance Flintt or

other Flintt Pty Ltd services.

(C) Overwhelming, or attempting to overwhelm our infrastructure by

imposing an unreasonably large load on our systems that consume

extraordinary resources.

(D) Compromising the integrity of our system, including probing,

scanning and testing the vulnerability of our system unless

expressly permitted by Flintt Pty Ltd.

(b) For any illegal purpose, or to violate any laws, including and without limitation to

data, privacy, and export control laws.

(c) To stalk, harass or threaten users and any member of the public.

(d) To misrepresent or defraud any user or member of the public through phishing,

spoofing, manipulating headers or other identifiers, impersonating anyone else, or

falsely implying any sponsorship or association with Flintt Pty Ltd or any third party

(e) To access or search any part of the Service, or any other Service owned by Flintt

Pty Ltd other than our publicly supported interface, or otherwise allowed for in an

applicable Software Licensing Agreement.

(f) To post, upload, share, or otherwise circulate content in violation of Flintt’s content

policy

5. Security and Data Privacy

Flintt Pty Ltd takes your privacy seriously and information provided through your use of

the Website and/or Services are subject to Flintt Pty Ltd’s Privacy Policy, which is

available on the Website. The Privacy Policy also addresses Flintt Pty Ltd’s processes,

policies, and obligations in respect of Flintt security breaches.

6. Data Use

Flintt Pty Ltd collects, stores, and processes your data on Flintt. The data is used to

provide Services to you, as well as to facilitate Flintt Pty Ltd’s business operations. The

Privacy Policy outlined how your data is collected, stored, and processed by Flintt Pty

Ltd. The Privacy Policy also addresses Flintt Pty Ltd's processes, policies, and

obligations in respect of data encryption and removal requests.

7. Subscription to use the Service

(a) In order to access the Services, you must first purchase a subscription through the

Website (the 'Subscription') and pay the applicable fee for the selected

Subscription (the 'Subscription Fee'). After purchasing a Subscription, you will be

considered a member (‘Member’).

(b) In purchasing the Subscription, you acknowledge and agree that it is your

responsibility to ensure that the Subscription you elect to purchase is suitable for

your use.

(c) Before, during or after you have purchased the Subscription, you will then be

required to register for an account through the Website before you can access the

Services (the ' Account').

(d) As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including but not limited to name and

email address.

(e) You warrant that any information you give to Flintt Pty Ltd in the course of

completing the registration process will always be accurate, correct and up to

date.

(f) Once you have completed the registration process, you will be a registered user of

the Website and agree to be bound by the Terms ("User"). As a Member you will

be granted immediate access to the Services from the time you have completed

the registration process until the subscription period expires (the 'Subscription

Period').

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Flintt Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services

8. Payments

(a) Subject to the terms of any applicable Software License Agreement, the

Subscription Fee may be paid by all payment methods available on the Website,

and may change from time to time.

(b) Payments made in the course of your use of Flintt may be made using third-party

applications and services not owned, operated, or otherwise controlled by Flintt

Pty Ltd. You acknowledge and agree that Flintt Pty Ltd will not be liable for any

losses or damage arising from the operations of third-party payment applications

and services. You further acknowledge and warrant that you have read,

understood and agree to be bound by the terms and conditions of the applicable

third-party payment applications and services you choose to use as a payment

method for Flintt services.

(c) You acknowledge and agree that where a request for the payment of the

Subscription Fee is returned or denied, for whatever reason, by your financial

institution or is unpaid by you for any other reason, then you are liable for any

costs, including banking fees and charges, associated with the Subscription Fee.

(d) You agree and acknowledge that Flintt Pty Ltd can vary the Subscription Fee at

any time and that the varied Subscription Fee will come into effect following the

conclusion of the existing Subscription.

9. Refund Policy

Flintt Pty Ltd will only provide you with a refund of the Subscription Fee in the event they

are unable to continue to provide the Services or if the manager of Flintt Pty Ltd makes a

decision, at its absolute discretion, that it is reasonable to do so under the circumstances

. Where this occurs, the refund will be in the proportional amount of the Subscription Fee

that remains unused by the Member (the 'Refund').

10. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Flintt Pty Ltd are

subject to copyright. The material on the Website is protected by copyright under

the laws of Australia and through international treaties. Unless otherwise indicated,

all rights (including copyright) in the Services and compilation of the Website

(including but not limited to text, graphics, logos, button icons, video images, audio

clips, Website, code, scripts, design elements and interactive features) or the

Services are owned or controlled for these purposes, and are reserved by Flintt

Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or

licensed by Flintt Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-

free, revocable license whilst you are a User to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in

your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial

use.

(c) Flintt Pty Ltd does not grant you any other rights whatsoever in relation to the

Website or the Services. All other rights are expressly reserved by Flintt Pty Ltd.

(d) Flintt Pty Ltd retains all rights, title and interest in and to the Website and all

related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design

or copyright (or an adaptation or modification of such a thing, system or

process), to you.

(e) You may not, without the prior written permission of Flintt Pty Ltd and the

permission of any other relevant rights owners: broadcast, republish, up-load to a

third party, transmit, post, distribute, show or play in public, adapt or change in any

way the Services or third party Services for any purpose, unless otherwise

provided by these Terms. This prohibition does not extend to materials on the

Website, which are freely available for re-use or are in the public domain.

11. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(ii) Flintt Pty Ltd will not be liable for any special, indirect or consequential loss

or damage (unless such loss or damage is reasonably foreseeable

resulting from our failure to meet an applicable Consumer Guarantee), loss

of profit or opportunity, or damage to goodwill arising out of or in

connection with the Services or these Terms (including as a result of not

being able to use the Services or the late supply of the Services), whether

at common law, under contract, tort (including negligence), in equity,

pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website

and the Services is provided to you "as is" and "as available" without warranty or

condition of any kind. None of the affiliates, directors, officers, employees, agents,

contributors and licensors of Flintt Pty Ltd make any express or implied

representation or warranty about the Services or any products or Services

(including the products or Services of Flintt Pty Ltd) referred to on the Website,

includes (but is not restricted to) loss or damage you might suffer as a result of

any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(ii) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of

the products of Flintt Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your

convenience.

12. Limitation of Liability

(a) Flintt Pty Ltd's total liability arising out of or in connection with the Services or

these Terms, however arising, including under contract, tort (including negligence),

in equity, under statute or otherwise, will not exceed the resupply of the Services

to you.

(b) You expressly understand and agree that Flintt Pty Ltd, its affiliates, employees,

agents, contributors and licensors shall not be liable to you for any direct, indirect,

incidental, special consequential or exemplary damages which may be incurred by

you, however caused and under any theory of liability. This shall include, but is not

limited to, any loss of profit (whether incurred directly or indirectly), any loss of

goodwill or business reputation and any other intangible loss.

13. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Flintt Pty Ltd

as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) not renewing the Subscription prior to the end of the Subscription Period;

(ii) providing Flintt Pty Ltd with 30 days’ notice of your intention to terminate;

and

(iii) closing your accounts for all of the services which you use, where Flintt Pty

Ltd has made this option available to you.

(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to Flintt Pty

Ltd via the 'Contact Us' link on our homepage.

(d) Flintt Pty Ltd may at any time, terminate the Terms with you if:

(i) you do not renew the Subscription at the end of the Subscription Period;

(ii) you have breached any provision of the Terms or intend to breach any

provision;

(iii) Flintt Pty Ltd is required to do so by law;

(iv) the provision of the Services to you by Flintt Pty Ltd is, in the opinion of

Flintt Pty Ltd, no longer commercially viable.

(e) Subject to local applicable laws, Flintt Pty Ltd reserves the right to discontinue or

cancel your Subscription or Account at any time and may suspend or deny, in its

sole discretion, your access to all or any portion of the Website or the Services

without notice if you breach any provision of the Terms or any applicable law or if

your conduct impacts Flintt Pty Ltd's name or reputation or violates the rights of

those of another party.

14. Indemnity

You agree to indemnify Flintt Pty Ltd, its affiliates, employees, agents, contributors, third

party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage

(including legal fees on a full indemnity basis) incurred, suffered or arising out of

or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the

Website or attempts to do so; and/or

(c) any breach of the Terms.

15. Dispute Resolution

15.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.

15.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may

mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Disputes Centre or his or her

nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a pre-

condition to the mediation commencing. The Parties must each pay their

own costs associated with the mediation;

(d) The mediation will be held in Melbourne, Australia.

15.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

15.5. Termination of Mediation:

If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either party may ask the mediator to terminate the mediation and the

mediator must do so.

16. Venue and Jurisdiction

The Services offered by Flintt Pty Ltd is intended to be viewed by residents of Australia.

In the event of any dispute arising out of or in relation to the Website, you agree that the

exclusive venue for resolving any dispute shall be in the courts of Victoria.

17. Governing Law

The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or

claim of whatever nature arising out of or in any way relating to the Terms and the rights

created hereby shall be governed, interpreted and construed by, under and pursuant to

the laws of Victoria, Australia without reference to conflict of law principles,

notwithstanding mandatory rules. The validity of this governing law clause is not

contested. The Terms shall be binding to the benefit of the parties hereto and their

successors and assigns.

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable

and both parties having taken the opportunity to obtain independent legal advice and

declare the Terms are not against public policy on the grounds of inequality or bargaining

power or general grounds of restraint of trade.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.