Terms of Services

Feedafy by Real Software – Website Terms & Conditions

 

Thank you for selecting the Services offered by Real Software (we, our or us) and our website feedafy.com.au (Services). Please review these terms (Agreement) thoroughly.

 

This Agreement is a legally binding agreement between you (User) and Real Software (Company). By clicking “Accept” or by using our Services, you are confirming that you have read, understand and accept this Agreement. If you do not agree to this Agreement, then you may not use the Services.

 

By using our Services, you confirm that:

  1. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
  2. You accept and will comply with this Agreement, along with our Terms of Use and Privacy Policy as available on our website feedafy.com.au (Site);
  3. If you are using our Services as a representative of an organisation, you have the power to enter into legally binding agreements for the organisation; and
  4. You are responsible for anyone that uses our Services through your account, such as your employees, consultants or contractors (Authorised Users).


 

  1. Definitions and Interpretation
    1. Definitions

In this agreement unless the context indicates otherwise, the following words have the following meanings:

Company means the supplier of the services, being The Trustee for N & M Columbus Family Trust T/A Real Software (ABN 87 381 943 026).

Account means the online account the User created to sign up to the Service.

Agreement means all sections of this document along with our Terms of Use and Privacy Policy as available on the Site.

Commencement Date means the date the User created an Account.

Fees means the amounts or rates as specified on the Site.

Initial Term means the initial term of this Agreement, and shall be ongoing until one Party gives Notice to Terminate.

Parties means the User and the Company, and Party means either one of them.

Payment Schedule means the schedule specified on the Site. 

Services means the services to be provided by the Company under this Agreement.

Site means www.feedafy.com.au.

Third-Party Services are services that are not provided by the Company but that you may access or use in connection with the Services. They include social networking sites supported by our Services, such as Facebook, Instagram, Twitter, LinkedIn and Telegram.

User means the person who signed up to the Service, and who’s name and contact details appear on the Account.

  1. Interpretation

In this agreement unless the context otherwise requires:

  1. words importing any gender include every gender;
  2. words importing the singular number include the plural number and vice versa;
  3. words importing persons include firms, companies and corporations and vice versa;
  4. references to numbered clauses and paragraphs are references to the relevant clauses or paragraphs in this Agreement;
  5. any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
  6. the headings to the clauses and paragraphs of this Agreement are not to affect the interpretation;
  7. any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
  8. the word "including" (and related forms including "includes") means "including without limitation".

 

  1. Purpose of the Agreement

The User hereby requests the Company to provide the Services specified and agreed to in this Agreement, and a copy has been provided to the User.  Acceptance of this Agreement by the Company shall entitle the User to access the Services specified, subject to these Terms and Conditions, the Company’s Fees, and subject further to all Conditions which the Company may publish from time to time and provide to the User respecting the Company’s Services.

 

  1. Terms of Agreement
  1. The duration of this Agreement is ongoing until either Party terminates this Agreement in accordance with Clause 10 of this Agreement.
  2. The Company reserves the right to add or withdraw any of its Services, and modify or otherwise improve any of its Services without notice. The Company reserves the right to change any and all Service rates, documentation prices, fees and any other prices or other conditions of supply of this Agreement respecting the Company, Services at any time and all such changes shall be effective immediately. However, the Company will use its best efforts to provide thirty (30) days notice in advance of the effective date of such changes to the User.
  3. The Company reserves the right to review, modify, reformat, reject or remove any material that is provided by the User that is deemed offensive, unlawful or in breach of the Australian Consumer Law.

 

  1. User Content and Posting
  1. The User remains solely responsible for any and all content they post using the Service, and for complying with all applicable laws. The User retains any copyright and other proprietary rights that they may hold in the content that the user posts to the Service subject to the licenses granted in this Agreement.
  2. The User grants the Company a worldwide, non-exclusive, irrevocable, royalty-free license to host, store, modify, reproduce, transfer, publish, and distribute the content, in whole or in part, for the purposes of providing, supporting, enhancing, and developing the Services.

 

  1. Third Party Services
  1. The Company may provide tools through the Services that enable the User to link their account to a Third Party Service, including importing and exporting of information and content. By using one of these tools, the User authorises the Company to transfer that information to and from the applicable third-party service. Third Party Services are not under the Company’s control, and the Company, to the fullest extent permitted by law, is not responsible for any Third Party Service’s use of the User’s exported information. The Service may also contain links to third party websites which are not under the Company’s control, and the Company is not responsible for their content. The User is responsible to review the terms of use and privacy policy of any Third Party Services before sharing any information of content with such Third Party Services. Once sharing occurs, the Company will have no control over the information that has been shared.
  2. The User grants to the Company a licence to use, copy, transmit, store, and back-up the intellectual property for any purpose related to provision of Services to the User.
  3. The User will bear the cost of any telecommunications or internet usage charges incurred as a result of using the Service to connect to Third Party Services.

 

  1. Account

To access the Service the User must register for an account where you will be required to provide the Company with some information about yourself, such as your name, phone number, email address, or other relevant contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you should immediately notify the Company at [email protected].

 

  1. Fees & Payments
  1. The User will pay the Company all Fees, as specified on the Site, in advance via direct debit from the User’s nominated credit card or bank account.
  2. On request by the Company, the User will provide any forms or details to the Company’s merchant to facilitate direct debits required by virtue of the Services & Fees and Payment Schedule. The User will provide such forms or details within 7 days of a request from the Company. Failure to provide forms or details to facilitate the direct debit (whether by the Company’s current merchant or the Company’s new merchant) will result in the termination of the Service. 
  3. Payments may incur a surcharge charged by the Company’s merchant which will be passed on to the User. 
  4. Should the User’s payment fail, any dishonour fee charged by the Company’s merchant will be charged to the User.
  5. Should the User’s payment fail and become overdue, all Services will be suspended immediately until full payment is made of all outstanding accounts.  Should the User’s accounts remain unpaid for more than 30 days, the Company will immediately terminate the Service and will be entitled to seek recovery of the unpaid amounts. Should the User wish to re-engage the Service after termination, a $110 Reconnection Fee will be charged to the User to continue normal service, and shall only occur upon full payment of all outstanding accounts.

 

  1. Representations and Warranties

Each Party hereby represents and warrants that:

  1. it is duly organised and validly existing under the laws of the country of its incorporation and has full corporate power and authority to enter into this Agreement and to carry out its obligations hereunder;
  2. all processes, functionality, information, data, documentation, software code, templates, structures and stored procedures, and related materials shall remain the intellectual property of the Company, as the rightful owner of all such copyright. Any such property may not be documented, printed, used, passed to, copied, or made available to any third party without expressed prior consent by the Company. For the avoidance of doubt, all intellectual property provided by the User shall remain the property of the User;
  3. this Agreement is a legal and valid obligation binding upon it and enforceable with these Terms and Conditions;
  4. it will use reasonable skill and care in fulfilling its obligations under this Agreement;
  5. it shall not infringe the Intellectual Property rights of any third party.

 

  1. Liability
  1. The Company shall not be liable to the User for any loss of profit, or earning, any damage or goodwill suffered by any person arising directly or indirectly out of its provision of the Services whether in accordance with the terms of this Agreement or otherwise and whether caused by negligence or wilful act of the Company, its servants or agents, or from any other cause.
  2. In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and either party becomes liable for loss or damage that it may otherwise have been lawful to limit, such liability shall be limited to the total fees payable in accordance with the terms of this Agreement.

 

  1. Indemnity

The User must indemnify and hold the Company and its officers and employees harmless from and against all Claims and Losses arising from loss, damage, expense, liability or injury to persons or property arising from the User’s use of the Services.

 

  1. No Reliance

Each of the Parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.

 

  1. Default

If there is a breach of any of the Terms and Conditions of this Agreement then: 

  1. all monies payable by the User to the Company will at the Company’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;
  2. claims for credit must be made in writing to the Company within 5 business days from the date upon which the cause of the claim first arises.
  3. the Company may withhold the delivery of Services already ordered by the User and is at liberty to suspend the Services to be provided to the User pursuant to this Agreement should the User default on any term of this Agreement;
  4. in the event of a suspension of a User’s account, the Company is not liable to refund any monies or credit the User’s account with respect to the time the User remains in breach of this Agreement for the Services that ought to have been provided had the User not been in breach of this Agreement;
  5. the Company may list the User with any credit rating authority it so chooses and will only remove such a listing when the User remedies its breach of this Agreement pursuant to the terms of this Agreement;
  6. the Company may charge interest on the overdue amount at 2% per calendar month, calculated daily, on the amount overdue until payment in full;
  7. the Company may charge to the User all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of the Company to recover payment of any monies owing by the User to the Company or to secure any indebtedness or liability by the User to the Company, notwithstanding that no demand has been made by the Company for payment by the User.

 

  1. Termination
  1. The User may terminate this Agreement at any time and for any reason, save for a breach of this Agreement by the Company, by giving the Company 28 days written ‘Notice of Termination’ to the Company via email to [email protected].  The Fees remain payable by the User for the Initial Term, and for one month following the date of Notice of Termination after the Initial Term has expired.
  2. Without limiting its other rights and remedies at law, the Company may terminate this Agreement immediately;
  1. at any time and for any reason by giving the User 28 days written notice.;
  2. if the User breaches this Agreement and fails to rectify that breach within 7 days’ notice;
  3. if the User is bankrupt, insolvent, enters into liquidation, administration or receivership or a receiver or manager is appointed over any or all of its assets; or
  4. if the User’s partnership is dissolved, or its company is deregistered (as applicable).

 

  1. General
    1. Force majeure

The Company shall not be held responsible for any failure to perform its obligations under this Agreement if it is prevented from, or delayed in, performing those obligations by an event of force majeure.

  1. Entire Agreement

This Agreement, including any special conditions, price lists and other notices provided to the User in any printed form or otherwise published by the Company, including revisions thereto, constitute the entire agreement as to the subject matter hereof.

  1. Law and Jurisdiction

This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.

 

For any questions and notices, please contact us at:

Real Software (ABN 87 381 943 026)

Email: [email protected]

 

Last update: 21/2/2023

 

Feedafy by Real Software – Website Terms of Use

 

This website feedafy.com.au (Site) is operated by The Trustee for N & M Columbus Family Trust T/A Real Software (ABN 87 381 943 026) (we, our or us) and may be available through other addresses or channels.

 

Consent: By accessing and/or using our Site, you agree to these Terms of Use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

 

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

  2. using our Site to defame, harass, threaten, menace or offend any person;

  3. interfering with any user using our Site;

  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

  5. using our Site to send unsolicited email messages; or

  6. facilitating or assisting a third party to do any of the above acts.

 

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.  

 

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

 

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

  1. copy or use, in whole or in part, any Content; 

  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

 

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

 

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

  1. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

 

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

  2. access will be uninterrupted, error-free or free from viruses; or

  3. our Site will be secure.

 

You read, use and act on our Site and the Content at your own risk.

 

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

For any questions and notices, please contact us at:

Real Software (ABN 87 381 943 026)

Email: [email protected]

 

Last update: 21/2/2023