Terms of Service

Last Modified: 4 September 2024

By signing up for the Officiently service (our “Services”) or any of the Services of Officiently you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Any new features or tools added to the current Services are also subject to the Terms of Service. 

Officiently reserves the right to update and change the Terms of Service by posting updates and changes to the Officiently website. 

We recommend that you periodically check the Terms of Service for any updates or changes that may affect you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, as well as Officiently’s Privacy Policy, Cookies Policy and, if applicable, Data Processing Addendum (“DPA”), incorporated herein by reference, before you use the Services or create an Officiently account (“Account”).

User Agreement

In signing up for a plan on Officiently “the Software”, you understand, acknowledge and agree that:

(a) The Software is always in development with new features being added constantly

(b) The Software will always be in active development to continuously bring new and improved serviceability and functionality to users

(c) Officiently cannot guarantee that it is fail-proof from unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; 

(d) Officiently is under no obligation to add or provide any specific features suggested, implied or tested to the Software;

(e) You acknowledge that the ‘onboarding’, ‘Done-For-You and ‘Done-With-You’ services are not a full set-up service.  The fees and service descriptions can be found here:  

https://www.officiently.com.au/get-started

(f) You acknowledge that any work that is outside of the scope of subscribed Services, trouble-shooting, bug-fixing, or a platform-related issue, and extra time with Officiently is an additional fee-paying service that you may choose to engage if you wish. To discuss the scope required and fees, please contact [email protected]

(g) You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Software. 

(h) You will be responsible for all costs and expenses required to backup and restore any data and information lost or corrupted due to your use of the Software.

(i) The minimum length of service is six months.

(j) You understand and acknowledge that only a limited amount of text messages, phone calls and emails are included in the set pricing per month and that if you exceed the inclusion of use stated on the pricing page ( https://www.officiently.com.au/get-started), there will be additional charges as per the 'pay as you go' pricing schedule listed on the pricing page at  https://www.officiently.com.au/get-started

In opting in to an Officiently account, you also acknowledge, accept and agree to the following Terms of Service:

1. Account Terms

You agree to the following terms relating to your account:

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorisation from your parents or guardian.

You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.

You are responsible for ensuring that your registration information is true, accurate and complete.

You acknowledge that Officiently will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. 

Officiently cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded to your Officiently account (“Content”).

A breach or violation of any term in the Terms of Service as determined in the sole discretion of Officiently will result in an immediate termination of your Services.

Which means;

You have to use your own information to create a valid Officiently Account and you are responsible for the details of that account. Remember that
we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.

2. Account Activation

The person signing up for the Services will be the contracting party (“Account Owner” OR "User") for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Services.

If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Which means;

The person signing up for the Officiently Services is responsible for the account and is bound by these Terms of Service. If you sign
up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3. General Conditions of Use

The following general conditions apply to your use of the Services:

Technical support is only provided to paying Account Owners and is only available via email, or you have purchased a service that includes
onboarding or another specifically stated communication or support method.

You are responsible for the conduct on your Account and the conduct of your customers.

You must ensure that you and your customers do not:

- use the Services for any illegal or unauthorised purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia;

- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;

- misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;

- purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use Officiently or Officiently trademarks and/or variations and misspellings thereof; circumvent or attempt to circumvent any limitations imposed on your account; probe, scan, or test the vulnerability of any Officiently system or network, unless we have given you prior written authorisation;

- decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;

- directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting, or attempt to do so;

- use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use Officiently to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;

- transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;

- use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity;

- attempt to circumvent any license, timing or use restrictions that are built into the Services;

- or lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorisation

Questions about the Terms of Service should be sent to [email protected]

You understand that your Content (not including credit card information), may be transferred unencrypted and involve 

(a) transmissions over various networks; and 

(b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Credit Card information is always encrypted during transfer over networks.

We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian.

If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us on [email protected]

Which means;

The Officiently Services belongs to us. You are not allowed to steal or copy it or use it for any illegal or misleading purpose.

On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

Do not use our services if you are a minor without the authorisation of your parent or guardian.

4. Officiently Rights

The following are Officiently’s rights in regards to the Services and these Terms of Service:

We reserve the right to modify or terminate the Services for any reason, without notice at any time.

We reserve the right to refuse our Services to anyone for any reason at any time.

Officiently does not pre-screen Content and it is in their sole discretion to refuse or remove any Content available via the Services.

We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material 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.

Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Officiently customer, Officiently employee, member, or officer will result in immediate account termination.

We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any market segment. You further acknowledge and agree that Officiently employees and contractors may also be Officiently customers/instructors and that they may compete with you. However, they may not use your confidential information in doing so.

In a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.

Officiently retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we cannot reasonably determine the rightful Account Owner, Officiently reserves the right to temporarily disable an account until a resolution has been determined between the disputing parties.

Which means;

We can modify, cancel or refuse the Services at any time.

In an ownership dispute over an Officiently account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

You expressly understand and agree that Officiently shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Officiently or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). 

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Officiently partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

Officiently does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Officiently does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

Officiently does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you
through the Services will meet your expectations, or that any errors in the Services will be corrected.

In no event will Officiently aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the lesser of: the fees paid by you for the Officiently services hereunder during the one (1) month period immediately preceding the date on which the cause of action arose or $100 USD.

Which means;

We are not responsible if you break the law, breach this agreement, or violate the rights of a third party, especially if you are sued.

Services are “as is”, so they may have errors or interruptions, and we provide no warranties.

The total amount of our potential liability is limited to one month of your fees paid to us.

6. Waiver and Complete Agreement

The failure of Officiently to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Officiently and govern your use of the Services, superseding any prior agreements between you and Officiently (including, but not limited to, any prior versions of the Terms of Service).

Which means;

If Officiently chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of Services make up the agreement that applies to you. This means that any previous agreements between you and Officiently don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to Officiently Services, including Content. 

All material you upload remains yours. You can remove your Officiently site at any time by deleting your account; we will delete your Content following
our Privacy Policy.

You retain ownership over all content that you submit to an Officiently site, including its compliance with any applicable laws or regulations.

By uploading Content, you agree: 

(a) to provide Officiently the right to display and store your Content: 

(b) to allow other internet users to view your Content and 

(c) that Officiently can, at any time, review all the Content submitted by you to its Services.

(d) you are licensed to use the Content

You acknowledge that, to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Terms of Service. Officiently has no obligations to monitor or review any content submitted to the Services by you or any other person.

Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services,
site, proposed services, documentation or business (“Feedback”) that you provide to Officiently will be owned by Officiently, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for Officiently’s use of your Feedback.

We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. 

Confidential Information does not include information that: 

(a) was in the public domain at the time we received it; 

(b) comes into the public domain after we received it through no fault of ours; 

(c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or 

(e) that you have given your consent or instructed us to disclose.

If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.

Which means;

Anything you upload remains your responsibility. If you want to remove your content, just delete your account.

We are allowed to keep a copy of certain information if we are required to do so by law.

8. Payment of Fees

Services will be automatically billed from your nominated payment method every 30 days. The Account Owner will receive a receipt of
payment by email from the payment method registered with the account.

Account Owners must dispute any discrepancies or errors in their invoices within two weeks of receiving an invoice/bill.

If you are based outside of Australia, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonised or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

If you are a tax resident of Australia, GST is included in the stated subscription fee and the purchase of some or all of Officiently’s products and Services (“Taxable Offerings”). 

Officiently does not provide refunds for any reason.

9. Cancellation and Termination

You may cancel your account by submitting the Officiently Cancellation Form at https://www.Officiently.com.au/cancel, or emailing [email protected].

30 days notice is required.

Cancelling your account will delete your entire account, including all data, content, and records, and it cannot be recovered or retrieved once cancelled.

Users are responsible for ensuring that all of their content, data, and information is fully backed up before cancelling their accounts. Officiently accepts no liability for any loss of data.

Since the deletion of all data is final, please be sure that you do, in fact, want to cancel your account before doing so. If you request that your Content be deleted, Officiently will not be held responsible for any lost data. 

We reserve the right to modify or terminate the Service for any reason without notice.

Cancellation Under Fraud Protection:

Without limiting any other remedies, Officiently may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by suspected, unconfirmed or verified conviction, settlement, insurance or escrow investigation, or otherwise) have, or may have engaged in fraudulent activity in connection with the Services.

Officiently reserve the right to change, pause, suspend or cancel your account at any time.

9b) Transfer of Accounts & Transfer Fee

If you wish to transfer your account to another provider platform, there is a $1,000 AUD transfer fee.

The account will be released once the Transfer Fee has been paid in full.

Officiently, we will not be responsible for the migration of your data, only its release. Officiently cannot control what data can be 'transferred' to the receiving platform and accepts no responsibility for data loss in an account transfer.

Please note that cancelling your account will immediately delete your records, so you must formally request your transfer before you cancel.

10. Modifications to the Services and Prices

Prices for the Officiently monthly plans are subject to change upon 30 days' notice from Officiently. Such notice may be provided at any time by posting the changes to the Officiently Site (Officiently.com.au) or the administration menu of your Officiently site via an announcement.

Officiently reserves the right to change the pricing for done-for-you services or to update the costs of third-party impacted services such as (but not limited to) email, phone, SMS and AI services with 24 hours notice.

Officiently reserves the right to modify or discontinue the Services (or any part thereof) with or without notice.

Officiently shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the
Services.

Which means;

We may change or discontinue the Services at any time, without liability.

11. Optional Tools & Services

Officiently may provide you with access to, and you may choose to use, third-party tools as part of the Services, including for example the Officiently App Store, Marketplace, Plugins or Service Providers over which Officiently neither monitors nor has any control or input.

You acknowledge and agree that Officiently provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Officiently shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

Officiently recommends that users seek specialist advice before using or relying on certain tools.

Which means;

We are not responsible for third-party tools, so use them at your own risk. If you use them, you agree that we do not provide a warranty, so get advice beforehand.

12. Consultants

Officiently does not endorse independent consultants or ‘experts’ and takes no responsibility for any work performed by independent Consultants or failure to fulfil a work order. Links to websites of independent Consultants, announcements about Services or offers, and responses to email inquiries regarding independent

Consultants are provided solely for informational purposes at the discretion of Officiently and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, Services, activity, business, organisation, or person, and any offers, products, Services, statements, opinions, content or information on any linked third-party website.

Under no circumstances shall Officiently be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and a Consultant. These limitations shall apply even if Officiently has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

Which means;

Consultants are not employees of Officiently, and we are not responsible for them.

12.1. Commission and Referral Arrangements

Under section 47B of the Fair Trading Act 197, intermediaries must take reasonable steps to ensure that consumers are aware of the commission or referral arrangement where they receive a financial incentive from another supplier. Intermediaries do not need to disclose the nature or value of the financial incentive. Where Officiently acts as an intermediary of services between Account Owners, Consultants and Third-Parties a commission or referral
arrangement will be in place.

13. Digital Millennium Copyright Act

13.1 General Policy

Officiently has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

It is Officiently’s policy to 

(a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and 

(b) remove and discontinue Services to repeat offenders.

13.2 Procedure for Reporting Copyright Infringement

If you believe that Content residing on or accessible through the Officiently web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Officiently is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the Content is not authorised by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

13.3 Once Proper Bona Fide Infringement Notification is Received by Officiently’s Support Team

It is Officiently’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Officiently. If no counter-notice complying with Section 13.4 below is supplied, the infringing content will be removed from the system.

13.4 Procedure to Supply a Counter-Notice to Officiently

If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Officiently’s Support Team listed below:

A physical or electronic signature of the Content provider or user; Identification of the Content that is claimed to be infringing; A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of a mistake or a misidentification of the Content; and Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside of Australia, for any judicial district in which Officiently is located, and that such person or entity will accept Services of process from the person who provided notification of the alleged infringement.

If Officiently’s Support Team receives a counter-notice, Officiently will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

13.5 Designated Agent to Receive Notification of Claimed Infringement

Please contact Officiently’s Support Team to submit a Notification of Claimed Infringement at the following address:

Name – Officiently, Attn: Copyright Infringement

Email – [email protected]

Address – PO Box 341, Kotara, NSW, 2289

Which means;

Officiently respects intellectual property rights, and you should, too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. You can proceed with a counter-notification if you don’t think the claim is valid.

If you believe one of our customers is infringing your intellectual property rights, you can send Officiently a DMCA Notice. 

We will expeditiously disable access or remove the content and notify the customer. Be advised that we may publicly post all notices we receive.

14.              Support and Services

Officiently are committed to delivering exceptional service and support to our clients.

To ensure clarity and satisfaction, these terms confirm the scope difference between our complimentary tech support and our paid services.

14b) Complimentary Tech Support:

Our complimentary tech support is dedicated exclusively to troubleshooting, resolving errors, issues, and bugs related to the software functionality; and providing direction on how Officiently features work, or providing demonstrations of features from a demonstration account. Support is
available Monday to Friday (excluding Australian Public Holidays), 9.30 am to 4.30 pm. All service requests will be attended to

14c) Paid Services

For tasks that go beyond troubleshooting, system functionality triaging, demonstrations, and explanation of features, or for any service where a User would like an Officiently representative to conduct work for a User inside the User account, Officiently has a range of paid services to assist with such business operational assistance.

If a user is unsure whether a task falls under our complimentary tech support or requires a paid service, we encourage users to contact us at support @officiently.com.au . If a user is unsure if a task or service is under complimentary tech support, refer to the Services Schedule received with your subscription confirmation.

As a commercial entity, it is critical for Officiently to distinguish between free support, and ‘done for you’ services that require the time, expertise and staffing allocation of highly skilled technicians, and that would be an operational or staffing cost to a Users business in any other scenario.

15. Officiently Accounts Payable & Legal Information Business Name:

Officiently Pty Ltd

Australian Business Number (ABN): 98 677 660 883

Postal & Billing Address: PO Box 341, Kotara, NSW, 2289

16. Languages

The parties have agreed that this arrangement will be established and all related documents be written in English.

17.              Legal Matters & Dispute Jurisdiction

Any disputes arising out of or in connection with Officiently Pty Ltd, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and shall be governed by and construed in accordance with the laws of New South Wales, Australia.