Terms and Conditions

Last Updated May 29, 2024

Welcome to CatchData.com.au (the "Site"). These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our subscription-based service that manages all business functions for service businesses, operated by CatchData PTY LTD ("we", "our", "us"). By accessing or using our Site and services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Site or use our services.

1. Acceptance of Terms

By accessing and using this Site, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms, please do not use our Site or services.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on this page, with an updated effective date. Your continued use of the Site and services following the posting of any changes constitutes acceptance of those changes.


3. Use of the Site and Services

Eligibility
You must be at least 16 years old to use this Site and our services. By using this Site and our services, you represent and warrant that you are at least 16 years old.

User Account
If you create an account on our Site, you must provide accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Subscription Services
We offer various subscription plans to manage business functions. Details of the subscription plans, including pricing and features, are provided on our Site. By subscribing to our services, you agree to pay the subscription fees and any applicable taxes.

Free Trial
We may offer a free trial of our subscription services. The duration of the free trial will be specified on the Site. At the end of the free trial period, you will be automatically charged the subscription fee unless you cancel your subscription before the trial period ends.

Cancellation and Refund Policy
You can cancel your subscription at any time through your account settings. If you cancel, your subscription will remain active until the end of the current billing period. We do not offer refunds for partial billing periods.

Prohibited Activities
You agree not to use the Site or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to:

  • Violate any international, federal, state, or local laws or regulations.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or services, or which, as determined by us, may harm or offend us or users of the Site or services or expose them to liability.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

4. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CatchData PTY LTD, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and services strictly in accordance with these Terms. You agree not to use the Site or services for any purpose that is unlawful or prohibited by these Terms.


5. User-Generated Content

You may be permitted to submit, post, or transmit content on or through the Site and services, including but not limited to text, images, audio, video, or other material ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sub-licensable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and our business, including for promoting and redistributing part or all of the Site and services (and derivative works thereof) in any media formats and through any media channels.

Responsibility for User Content
You are solely responsible for your User Content. You agree not to post any User Content that:

  • Violates any law or the rights of any third party.
  • Is fraudulent, false, misleading, or deceptive.
  • Is defamatory, obscene, pornographic, vulgar, or offensive.
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity.

6. Payment and Billing
Payment Information
You must provide accurate and complete payment information when subscribing to our services. By providing payment information, you represent and warrant that you are authorised to use the payment method you provide.

Billing Cycle
The subscription fee will be billed at the start of the paying portion of your subscription and each month or year thereafter unless and until you cancel your subscription. We will bill your payment method each month or year on the calendar day corresponding to the commencement of your paying subscription.

Late Payments
If any fees are not paid in a timely manner, or if we are unable to process your transaction using the payment information provided, we reserve the right to suspend or terminate your access to the services.

7. Disclaimer of Warranties
The Site and services are provided on an "as-is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the Site or services will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability
To the fullest extent permitted by law, in no event will CatchData.com.au, CatchData PTY LTD, its affiliates, or their respective officers, directors, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of, or inability to access or use, the Site or services.
  • Any conduct or content of any third party on the Site or services.
  • Any content obtained from the Site or services.
  • Unauthorised access, use, or alteration of your transmissions or content.

In no event will CatchData.com.au, CatchData PTY LTD, its affiliates, or their respective officers, directors, employees, agents, licensors, or service providers be liable for an amount exceeding the total fees paid by you to us for the subscription services during the twelve (12) months preceding the claim.

These limitations of liability apply whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions and limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by law.

9. Indemnification
You agree to indemnify, defend, and hold harmless CatchData.com.au, CatchData PTY LTD, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or services, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorised in these Terms, or your use of any information obtained from the Site or services.