TERMS AND CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

We are Right5 Pty Ltd, doing business as right5 (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company registered in Australia.

We operate the website https://right5.au (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

We provide a variety of marketing services to help businesses enhance their online and offline presence. Our services include search engine optimisation (SEO), content marketing, social media management, website development, and other marketing solutions to help businesses enhance their online and offline presence. The personal information we collect is used solely to provide these services, communicate with clients, and improve user experience.

You can contact us by phone at 1300 245 241, email at hello@right5.au, or by mail to PO Box 4541, Robina TC QLD 4230, Australia.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and Right5 Pty Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by hello@right5.au, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Our services
Intellectual property rights
User representations
User registration
Prohibited activities
User generated contributions
Contribution licence
Payments and refunds
Third-party websites and content
Services management
Privacy policy
Term and termination
Modifications and interruptions
Governing law
Dispute resolution
Corrections
Disclaimer
Limitations of liability
Indemnification
User data
Electronic communications, transactions, and signatures
Miscellaneous
Contact us

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. It is the sole responsibility of the user to ensure that their use of the Services complies with all applicable local laws and regulations, including those related to the distribution and use of our services.

For individual projects, we will provide a detailed proposal outlining the scope of work and an estimate of the costs involved. This proposal will form part of the agreement between you and the Company. The estimate is based on the initial instructions you provided to us and may be subject to change if the scope of work is revised.

Any changes to the scope of work or costs will be communicated to you in writing, and you must provide written acceptance of the revised estimate before we proceed with any additional work. We reserve the right to amend our cost estimate at any time should the project requirements differ from your initial instructions.

All work will be performed in accordance with the scope and details provided in the proposal unless agreed otherwise in writing.

These Terms and Conditions apply to all projects and services provided by right5 unless otherwise explicitly agreed in writing in the client’s proposal. In the event of any conflict between these Terms and Conditions and the terms outlined in a specific proposal, the terms in the proposal will take precedence.

In the event that a project is delayed or suspended by you for more than eight (8) weeks, we reserve the right to request payment for all work completed up to that point, including any outstanding invoices. Further, we will not be obliged to continue work on the project until such time as payment is received.

If a project is delayed beyond the eight (8) week period without any formal agreement, we may terminate the project, retain any work already completed, and seek appropriate compensation for the time and resources invested.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Australia and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

Your Use Of Our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@right5.au. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any intellectual property in the material we produce or work performed by us will remain vested in us until such time as full payment has been made for all services rendered under the agreement. We will not release any materials, deliverables, or transfer intellectual property rights until all outstanding amounts are settled in full.

In the event of non-payment, we reserve the right to retain any materials or deliverables produced during the course of the project, and you will not be entitled to use or distribute these materials until full payment has been received.

You grant us a perpetual, worldwide, royalty-free right to use your name, business name, logo, trademarks, or other distinctive brand features in our marketing materials, case studies, portfolio presentations, and other promotional activities. This includes displaying your branding on our website or in communication materials, provided that such use is in connection with services provided by us to you.

You may opt-out of such use by providing written notice to us at any time, upon which we will cease using your branding in future marketing materials.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

Please review this section and the ‘Prohibited activities’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation; and (8) you agree to comply with all guidelines and prohibitions set out in Clause 5: Prohibited Activities, including ensuring that your actions do not violate any restrictions related to data usage, content, or business practices.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
You are solely responsible for ensuring that your use of the Services complies with all applicable local laws, including any laws governing the content, data usage, or business practices in your jurisdiction.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use any automated system, including “robots,” “spiders,” or “offline readers” to access the Website in a manner that sends more request messages to the Website than a human can reasonably produce in the same period.
Engage in any data mining, data scraping, web crawling, or data harvesting of content or information from the Website without our express written permission.
Use the Website’s content, including but not limited to our trademarks, in any metatags or other hidden text without our express written permission.

6. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. However, by submitting Contributions to the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, distribute, display, and perform your Contributions in connection with the operation of the Services and for promotional purposes, including in marketing materials, case studies, public displays, and on our website. This license is granted without any obligation of compensation to you, but it does not affect your ownership rights over the Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. Payments and Refunds

All payments for services rendered by right5 are final. However, in the event that a service is not delivered as agreed, right5 offers refunds, subject to the following conditions:

You must notify us in writing of the issue within 14 days of the service delivery.
We will review your claim and determine, in our sole discretion, whether the service was delivered as agreed.
If we determine that the service was not delivered as agreed, we will either remedy the issue or issue a full or partial refund, depending on the nature of the issue.
Refunds will not be provided for changes of mind or if the service has been delivered as described. Once services have been delivered according to the agreed terms, you will not be entitled to a refund under any circumstances, unless otherwise required by law. Any dissatisfaction with the outcome of the services will not be grounds for a refund if the services were performed as agreed.
For services requiring ongoing work, we reserve the right to issue interim bills for work performed or for any expenses incurred on your behalf. You may also be required to pay a deposit or provide payment in advance for certain services or costs, and we are not obliged to continue performing work on your behalf until such payments have been made.
If any payment is not received by the due date, we reserve the right to suspend work or services until the outstanding payment is made. In the event of prolonged non-payment, we may terminate the agreement and retain any materials produced or intellectual property rights until all payments are settled.
Our payment terms are as specified in our invoices, and these terms form part of these general terms and conditions. Please note that we will not release any deliverables or materials until full payment has been received.
We reserve the right to suspend all services relating to hosting and online services if payment has not been received within fourteen (14) days of the invoice due date. If payment is not received within thirty (30) days, we may terminate your account and remove all data hosted on our servers. Upon termination or suspension of services, we will not be responsible for the loss of any data, and you agree to indemnify us for any claims arising out of the removal of data due to non-payment.
This refund policy does not affect your rights under Australian Consumer Law.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Notwithstanding the foregoing, we acknowledge that nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies available to you under the Australian Consumer Law (ACL), including your rights relating to services provided with due care and skill, and guarantees that may apply in relation to third-party content or services that we may link to.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://right5.au/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Australia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Services, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

In addition to the above, our agreement with you may be terminated under the following conditions:

Termination by Us: We reserve the right to terminate this agreement if you fail to pay our invoices in accordance with the payment terms provided, or if we reasonably believe that we have lost your confidence, or for other just cause, including but not limited to: repeated failure to provide necessary information or access, non-compliance with agreed project timelines, significant changes in your financial condition that affect your ability to meet payment obligations, or any other material breach of this agreement. In any of these cases, we will give you at least thirty (30) days’ notice of our intention to terminate the agreement and will specify the grounds for termination.
Termination by You: You may terminate this agreement by providing at least thirty (30) days’ written notice. Any outstanding amounts due and payable to us must be cleared before the termination can take effect.
Suspension of Services: We reserve the right to suspend services in the event that you fail to make timely payments or if you breach any other material term of this agreement. Services will be suspended until all outstanding issues, including payments, are resolved.
Retention of Materials: Upon termination, we are entitled to retain possession of all materials, papers, and documents produced during our work until any outstanding charges and expenses are fully paid.
Intellectual Property and Data: Unless otherwise agreed in writing, all intellectual property created during the course of our work will remain our property until full payment is received. Additionally, if termination occurs, we will remove any hosted data or services within thirty (30) days unless otherwise agreed.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will provide you with at least twenty-eight (28) days’ notice of any material changes to these Terms and Conditions, and such changes will apply to our ongoing relationship after this notice period unless you raise any objections in writing. By continuing to use our services after the notice period has passed, you agree to be bound by the revised terms. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Australia. Right5 Pty Ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms. This governing law applies to users located in Australia. For users located outside Australia, local consumer laws may apply, and disputes may need to be resolved according to the laws of the country where the user resides.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute in good faith through a face-to-face meeting, or via video or phone conference. Such a meeting must take place within two (2) weeks of one Party receiving written notice of the Dispute from the other Party, and both Parties must make genuine efforts to resolve the issue.

If the Dispute is not resolved within twenty-eight (28) days of the initial meeting, neither party will initiate any formal legal or arbitration proceedings until this period has lapsed and the required meeting has been held. Both parties must continue to act in good faith during this time to resolve the Dispute.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Gold Coast, Queensland, Australia. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions To Informal Negotiations And Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
(c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

While we strive to provide accurate information and services, we do not guarantee that our services will always be error-free or uninterrupted. However, nothing in this disclaimer is intended to exclude or limit your rights under the Australian Consumer Law (ACL). Any advice, recommendations, or strategies provided by right5 are for informational purposes only and are not guaranteed to achieve specific results. The effectiveness of the advice provided may depend on various factors beyond our control, and we do not guarantee any particular outcome, such as increased traffic, sales, or rankings, from the implementation of our advice. To the extent that our services are in breach of the ACL guarantees, you are entitled to remedies as outlined under the ACL, including repair, replacement, or refund, as applicable.

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

18. LIMITATIONS OF LIABILITY

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you have under the Australian Consumer Law (ACL). You are entitled to certain statutory guarantees, including that services are provided with due care and skill and are reasonably fit for a particular purpose. If we fail to comply with these guarantees, your remedies are limited to resupplying the services or refunding the cost of the services, unless otherwise required by law. Our liability for breach of a condition or warranty implied by law that cannot be excluded is limited to the extent permitted by law.

These rights and remedies apply to users located in Australia. For users located outside Australia, your rights may be governed by your local consumer protection laws, and limitations or exclusions that conflict with those laws may not apply.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of (a) the amount paid by you to us during the three (3) month period prior to any cause of action arising, or (b) AUD 5000.

However, nothing in these Terms excludes, restricts, or modifies any rights or remedies available to you under the Australian Consumer Law (ACL). If the ACL applies to the Services, our liability for failure to comply with a consumer guarantee is limited to (at our option) resupplying the services or paying the cost of having the services resupplied, unless it is not lawful to limit liability in this way.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We perform regular routine backups of data as a precautionary measure to safeguard against system failures, but these backups are not guaranteed to capture all user data or ensure complete protection. You are solely responsible for maintaining independent backups of any important data related to your use of the Services. We shall not be liable for any loss or corruption of data, including any data that may be lost due to system failures, interruptions, or other unforeseen events. You agree to waive any claims against us arising from such loss or corruption of data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

These Terms comply with the Electronic Transactions Act 1999, which allows contracts and agreements to be formed electronically.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

For the duration of any project or service engagement and for a period of one (1) year after its termination or completion, neither party shall, directly or indirectly, solicit, employ, or engage any personnel or contractors of the other party who have been involved in the project, without prior written consent. Such consent will not be unreasonably withheld.

In the event of a breach of this clause, the offending party shall be liable to pay the other party a sum equivalent to the annual remuneration of the employee or contractor solicited, employed, or engaged, as compensation for the breach.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Right5 Pty Ltd

PO Box 4541, Robina TC QLD 4230, Australia

Phone: 1300 245 241

hello@right5.au

Last updated 25 September 2024