Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of BEEEZ and the associated website (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you're entering into these Terms on behalf of a business, you represent that you have authority to bind that business. "You" and "Customer" refer to the business entity.

2. Eligibility & Accounts

• Business Use: The Service is intended for business users.
• Registration: You must provide accurate business information (e.g., business name, contact email).
• Account Security: You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use.
• Authorized Users: You control access for your staff. You are responsible for their compliance with these Terms.

3. The Service

• Scope: A platform to identify/add, store and share MDS as required as part of conducting business.
• Availability: We aim to provide high availability but do not guarantee uninterrupted Service. Planned maintenance or emergency downtime may occur.
• Beta Features: We may offer beta or experimental features "as is," which may be modified or withdrawn without notice.

4. Subscriptions, Fees & Payment

• Plans & Billing: If the Service is offered on a paid basis, fees are described on our Pricing page and charged in AUD.
• Trial Periods: Trials are one per Customer unless stated otherwise.
• Renewals: Subscriptions renew automatically unless you cancel before the renewal date.
• Refunds: Except where required by law, fees are non-refundable.
• Late Payments: We may suspend access for overdue accounts immediately.

5. Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, or misleading purposes.
• Upload or transmit malware, or interfere with the Service's integrity or performance.
• Attempt to gain unauthorized access to any systems or data.
• Reverse engineer or circumvent technical protections.
• Use the Service to store or process sensitive personal information (e.g., payment card data, health data) unless expressly permitted in writing.
• Infringe intellectual property or privacy rights.

We may suspend or terminate your access for violations.

6. Customer Data

• Ownership: You retain all rights to business data you submit ("Customer Data").
• License to Operate: You grant us a non-exclusive license to process Customer Data solely to provide and improve the Service.
• Backups: We use reasonable measures to protect and back up data, but you are responsible for maintaining your own backups.
• Deletion: Upon termination or request, we will delete or return Customer Data within a reasonable time, subject to legal obligations.

7. Privacy

Our data practices are described in our Privacy Policy. We collect minimal business information necessary to operate the Service. By using the Service, you consent to those practices.

8. Third-Party Services & Integrations

The Service may interoperate with third-party services (e.g., email providers, analytics). Your use of third-party services is governed by their terms. We are not responsible for third-party services and do not control how they process data.

9. Intellectual Property

• Our IP: We (and our licensors) own all rights in the Service, including software, content, trademarks, and documentation.
• Restrictions: You may not copy, modify, translate, decompile, or create derivative works of the Service except as permitted by law.
• Feedback: If you provide suggestions or feedback, you grant us a perpetual, worldwide, royalty-free license to use them without obligation.

10. Confidentiality

Each party may receive non-public information from the other marked or reasonably understood as confidential ("Confidential Information"). The receiving party will use such information only to perform under these Terms and protect it with reasonable care. Exceptions include information that is public, independently developed, or obtained lawfully without a duty of confidentiality.

11. Security

We implement reasonable administrative, technical, and physical safeguards designed to protect the Service and Customer Data. However, no system is 100% secure.

12. Compliance & Export

You are responsible for complying with all laws applicable to your use of the Service, including privacy, anti-spam, and export control laws. You may not use the Service in violation of sanctions or export restrictions.

13. Warranties & Disclaimers

BEEEZ does its best to ensure all data is up to date - but it is up to the user to ensure they have the latest link and data on their app.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or uninterrupted.

14. Limitation of Liability

To the maximum extent permitted by law:

• Indirect Damages: We are not liable for lost profits, loss of data, business interruption, or any indirect, incidental, special, consequential, or punitive damages.
• Cap: Our total liability for all claims arising out of or relating to the Service is limited to the fees paid by you to us in the 12 months preceding the event giving rise to the claim (or AUD $100 if you use the Service free of charge).

Some jurisdictions do not allow limitations on implied warranties or liability; those limitations apply only to the extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless BEEEZ, its affiliates, and their officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• (a) your use of the Service;
• (b) your violation of these Terms; or
• (c) your infringement of any third-party rights.

16. Suspension & Termination

• By You: You may terminate your account at any time via the account settings or by contacting support.
• By Us: We may suspend or terminate the Service or your account for violations of these Terms, legal requests, non-payment (if applicable), or to protect the Service or users.
• Effect: Upon termination, your right to use the Service ceases. We will handle Customer Data as described in Section 6 (Deletion).

17. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If changes are material, we will provide notice (e.g., via email or in-app). Continued use after the effective date constitutes acceptance of the changes.

18. Governing Law; Disputes

These Terms are governed by the laws of Australia without regard to conflict-of-laws principles.

• Venue: Courts located in Australia shall have exclusive jurisdiction.
• Informal Resolution: Before filing a claim, parties will attempt to resolve disputes informally within 30 days of notice.

19. Electronic Communications & Notices

You consent to receive communications electronically. Notices may be provided via email, in-app messages, or by posting on the website.

20. Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (e.g., acts of God, labor disputes, internet failures, government actions).

21. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

22. Entire Agreement; Order of Precedence

These Terms, the Privacy Policy, and any order forms constitute the entire agreement between the parties regarding the Service. If there is a conflict, the order form (if any) prevails, then these Terms, then the Privacy Policy.

23. Severability; Waiver

If any provision is found unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver of our right to do so later.

24. Contact

Questions about these Terms?

Email: support@beeez.com.au