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Terms and Conditions

Website Terms and Conditions of Use



1. About the Website


1.1. Welcome to www.saleshq.com.au (the 'Website').

1.2. The Website is operated by SalesHQ Pty Ltd PTY. LTD. (ABN 30 623 910 010)
Access to and use of the Website, or any of its associated Products or Services, is provided by SalesHQ 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.

1.3. SalesHQ Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SalesHQ Pty Ltd updates the Terms, it will use reasonable endeavors 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. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SalesHQ Pty Ltd in the user interface.

3. Registration to use the Services


3.1. In order to access the Services, you must first register for an account through the Website (the 'Account ').

3.2. 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:

(a) Email address
(b) Preferred username
(c) First Name
(d) Last Name
(e) Password

3.3. You warrant that any information you give to SalesHQ Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with SalesHQ Pty Ltd; or
(b) 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.

4. Your obligations as a Member


4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or  third parties, is strictly prohibited. You agree to immediately notify SalesHQ Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SalesHQ Pty Ltd providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SalesHQ Pty Ltd;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other  forms  of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken   by SalesHQ Pty Ltd for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.



5. Copyright and Intellectual Property


5.1. The Website, the Services and all of the related products of SalesHQ 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 SalesHQ Pty Ltd or its contributors.

5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by SalesHQ Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
SalesHQ 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 SalesHQ Pty Ltd.

5.3. SalesHQ 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:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) 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.

5.4. You may not, without the prior written permission of SalesHQ 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.

6. Privacy


6.1. SalesHQ Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to SalesHQ Pty Ltd's Privacy Policy, which is available on the Website.

7. General Disclaimer


7.1. 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.

7.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) SalesHQ 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.

7.3. 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 SalesHQ Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SalesHQ 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:

(a) 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;

(b) 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);

(c) costs incurred as a result of you using the Website, the Services or any of the products of SalesHQ Pty Ltd; and

(d) the Services or operation in respect to links which are provided for your convenience.

8. Limitation of liability


8.1. SalesHQ 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.

8.2. You expressly understand and agree that SalesHQ 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.

9. Termination of Contract

9.1. The Terms will continue to apply until terminated by either you or by SalesHQ Pty Ltd as set out below.

9.2. If you want to terminate the Terms, you may do so by:
(a) providing SalesHQ Pty Ltd with 7 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where SalesHQ Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to SalesHQ Pty Ltd via the 'Contact Us' link on our homepage.

9.3. SalesHQ Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) SalesHQ Pty Ltd is required to do so by law;
(c) the provision of the Services to you by SalesHQ Pty Ltd is, in the opinion of SalesHQ Pty Ltd, no longer commercially viable.

9.4. Subject to local applicable laws, SalesHQ Pty Ltd reserves the right to  discontinue or cancel your membership 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 SalesHQ Pty Ltd's name or  reputation or violates the rights of those of another party.

10. Indemnity


10.1. You agree to indemnify SalesHQ 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.

11. Severance

11.1  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.