Your information is controlled by STADIUUM Group Pty Ltd. However, you alone control and are responsible for any content you submit, create or post through the Services, as provided in the Terms of Service. STADIUUM Group Pty Ltd is committed to protecting and respecting your privacy regarding all information that might be collected while using any of our Services.
When this policy mentions “we” or “us,” it refers to the processor of your information under this policy. We collect personal information with consent, when appropriate or required, and by lawful means only.
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in any country where we operate. If there is a case when personal data is transferred from the EU to the United States, it is solely for the purpose of processing as per instructions from the controller.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We require certain information to provide our Services to you. For example, you must have an account in order to create or post content through STADIUUM Group. When you choose to share the information below with us, we collect and use it to operate our Services.
2.1 Basic Account Information
You might give STADIUUM Group information about yourself by filling in forms on our Services or by corresponding with us by phone, e-mail or otherwise.
This can include information provided when you:
• Register to use our website
• Subscribe to our Services
• Download educational content
• Search for a product or service
• Participate in discussion forums
• Register for a webinar
• Enter a competition, promotion or survey
• Sign up to our training program
• Submit a ticket to our support team
If you do choose to create an account, you must provide us with some personal data so that we can provide our Services to you. The personal information you give us is, but not limited to: your name, address, email address, a password, phone number, credit card details and photograph. None of the personal information you provide is shared publicly.
2.2 Contact Information and Mailing Lists
We use your personal contact information, such as your email address to authenticate your account and keep it – and our Services – secure, and to help prevent spam, fraud and abuse. We also use contact information to personalize our Services, enable certain account features and to send you information about our Services. If you provide us with your phone number, you agree to receive calls to that number to discuss matters that impact your usage of our Services. You can update your notification settings to control notifications you receive from STADIUUM Group. You can also unsubscribe from an email notification by following the instructions contained within the email.
If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.
When uploading contacts to your STADIUUM Group account, you agree that you have lawfully obtained consent from those contacts to utilize their personal contact information for processing for the intended purpose, where it be marketing or other.
You may provide us with payment information, including your credit or debit card number, PayPal address, card expiration date, CVV code, and billing address, in order to pay for your subscription or for the purchase of other offerings provided as part of our Services.
This information is passed securely to our highly secure payment processor, and after a transaction, your private information (credit cards, social security numbers, ﬁnancials, etc.) will not be stored on our servers.
We may, however, store your invoices and receipts for a period of up to 7 years to facilitate our legal obligation to provide accounting information for tax purposes.
3.1 Location Information
With regard to each of your visits to our Services, we may automatically collect information about your login and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our services to you. We also store your time zone settings in order to ensure our Services operate correctly.
With regard to each of your visits to our Services, we may automatically collect information about your login and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our Services to you. We also store your time zone settings in order to ensure our Services operate correctly.
3.2 Links and Product Usage
In order to operate our services, we keep track of how you interact with links across our Services. This includes links in emails we send you as well as actions you take when using different features within the products we offer.
When you connect your social media profile to STADIUUM Group, we may collect and store the link to your avatar. We may also retrieve and store links to the photos stored on your social profiles. We use this data in order to deliver our Services to you.
3.4.1 Information you give to us
We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to notify you about changes to our Services;
• to ensure that content from our Services is presented in the most effective manner for you and for your device.
3.4.2 Information we collect about you
We will use this information:
• to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our Services to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our Services, when you choose to do so;
• as part of our efforts to keep our Services safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others,
and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our Services about product features that may interest you or them.
3.4.3 Information we receive from other sources
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above, depending on the types of information we receive. For example, when tracking referrals from our affiliate partners, the cookies that may be stored on your browser allows us to reward affiliates for introducing you to our Service.
When you connect your social media profile to STADIUUM Group, we may collect and store your personal messages. For example, when you connect your Twitter profile to STADIUUM Group, you are granting Twitter consent to allow STADIUUM Group to retrieve your Direct Messages.
We receive information when you view content on our website or interact with our Services, even if you have not created an account. For example, when you visit our websites, sign into our Services, interact with our email notifications, we may collect information about you.
This log data stored includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, device information (including device and application IDs), and cookie information.
We use this data to operate our Services and ensure their secure, reliable, and robust performance. For example, we use log data to protect the security of accounts, improve the quality of our products and to determine which features are being used most on our Services.
We may also record your usage of our Services using screencasting tools in order to improve our Services and deliver a better user experience. With regard to each of your visits to our Services we may automatically collect the following log data:
• (IP) address used to connect your computer to the Internet;
• Login information;
• Browser type and version;
• Time zone setting;
• Browser plug-in types and versions, operating system and platform.
Information about your visit:
• Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time)
• Products you viewed or searched for, page response times, download errors, length of visits to certain pages
• Page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page
• Any phone number used to call our customer service number
• A video recording of your web session whilst browsing our website
We are passionate about building useful tools to help businesses and agencies be more efficient and productive when managing social media at scale. We use all of the information we have to help us provide and support our Services. Here’s how:
4.1. Provide, improve and develop Services
We are able to deliver our Services, support your usage of our products and introduce improvements by using this information to understand how you use and interact with our Services.
When we have location information, we use it to tailor our Services for you and others, like automatically detecting your location in order to support your ability to schedule messages
in your own time zone.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
4.2. Communicate with you
We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
We may receive information about you if you use any of the Services we provide. We inform you when we collect any data that it may be shared internally and combined with other data collected on our Services. For example, when you connect your Facebook account to STADIUUM Group, you will be able to opt in to the data that STADIUUM Group is able to collect from Facebook on your behalf.
We may also receive private information about your business profiles from the social network profiles you connect to STADIUUM Group including Facebook, LinkedIn, Twitter
Our usage of Google data is limited to the following use cases: Accessing and storing analytics, comments and posts from your accounts on Blogger and YouTube.
We also access data from your Google Analytics account in real time when you authorize this from our reporting area. We also securely store access tokens from Google that allow us to publish on your behalf to Google My Business, Blogger and YouTube. These access tokens can be revoked at any time.
On all occasions where we receive data from a platform with whom our Services integrate, you will be able informed of the data that will be collected by our Services and will need to give consent to have STADIUUM Group receive and process your personal data from these platforms on your behalf.
We work closely with other third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. The information we receive is used to enhance your experience with our Services.
We do not sell or trade your personally identiﬁable information. This does not include trusted third parties who assist us in operating our Services, conducting our business, or servicing you, so long as those parties agree to keep this information conﬁdential and are compliant with GDPR.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Non-personally identiﬁable visitor information may be provided to other parties for marketing, advertising, or other uses.
6.1 Sharing you control
We share or disclose your personal data with your consent or at your direction, such as when you authorize a social network or third party application to access your account or when you direct us to share your feedback with a business.
When you share content via your STADIUUM Group account to a third-party service, keep in mind that you are controlling the flow of this content from our platform through to the third-party service.
When you add a team member or client to your account, you may choose to share personal data with them. For example, you may choose to share a client’s social media report with a team member. By acting as data controller, STADIUUM Group provides you with all the tools and
settings you need to be able to control the flow of data.
Subject to your settings, we also provide certain third parties with personal data to help us offer or operate our Services.
6.2 Service providers and advertisers
We engage service providers to perform functions and provide services to us in the United States, UK, Australia, Poland and other countries. For example, we use a variety of third-party services to help operate our services, such as hosting our various blogs and websites, and to help us understand the use of our services, such as Google Analytics.
We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.
We may share your information with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We may make use of the personal data we have collected from you to enable us to display relevant advertisements to you on third party websites. For example, if we’ve noticed that you’ve been actively using our reporting features, we may use this data to show you relevant advertisements on Facebook informing you of a new analytics feature we’ve launched.
6.3 Affiliates and change of ownership
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by employees or contractors operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, processing your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
All information you provide to us is stored on our secure servers located in the US and certified under the EU-US Privacy Shield. Any payment transactions will be encrypted using TLS technology and processed via our payment gateway, Stripe or Braintree. We do not store any credit cards in our system. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password(s) with anyone. We may also provide additional security controls within STADIUUM Group, allowing you to restrict access to specific IP addresses.
Unfortunately, the transmission of information on the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services, and any transmission is at your own risk. Once we have received your information, we use strict procedures and security features to try to prevent unauthorized access.
If you would like to request a list of sub-processors we use, you can do so via emailing us at: firstname.lastname@example.org
Under the General Data Protection Regulation, you have the right to access, rectify, port and erase your personal data.
8.1 Accessing or Rectifying Your Personal Data
If you have registered an account on STADIUUM (STADIUUM Group), we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account. You can also download certain account information from within the platform, including your Messages and Analytics.
We store data until it is no longer necessary to provide our Services or until your account is deleted – whichever comes first.
If you follow the instructions and processes retrievable from your My STADIUUM product region, your account can be deactivated and then deleted. When deactivated, you will no longer be able to access your account across any of our Services. For up to 90 days after deactivation, it is still possible to restore your STADIUUM Group account if it was accidentally or wrongfully deactivated. The same applies to team members or client accounts you delete from within STADIUUM Group.
If you require immediate deletion of your account, please contact us at: email@example.com and allow up to 96 hours for us to action your request. When your account is deleted, we also delete all content you’ve created within your account, including all content created by team members and clients, and you won’t be able to recover that information later. We will also delete any personally identifiable information stored in any third party applications we use to service your account.
If you don’t want to delete your account but want to temporarily stop using our Services, you can contact us to deactivate your account for a maximum of 90 days.
8.3 Object, Restrict, or Withdraw Consent
When using any of our Services that require login information, if you would like to withdraw consent, please contact us at: firstname.lastname@example.org and we will deactivate your account for you.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You may also opt out of STADIUUM Group marketing communications sent to you by opening any email we have sent you and clicking on the Unsubscribe link.
STADIUUM Group provides you with a facility to download the content you have created or data retrieved from your social media profiles through any of our Services. If you would like further assistance exporting your data, please contact us at: email@example.com
8.5 Additional Information or Assistance
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to other websites.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).
1.1 Company details:
STADIUUM Group Pty Ltd (Australian Company Number 626 402 882) STADIUUM Group Pty Ltd a company registered in Australia. We operate the website www.stadiuum.com.
1.2 Contacting us
To contact us, email us on any number of our addresses accessible on stadiuum.com.
2.1 Our contract
These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
These Terms and the Contract are made only in the English language.
3.1 Purchasing your subscription
Please follow the onscreen prompts to purchase your subscription to our service. You may only subscribe using the method set out on the site. Each order is an offer by you to buy the services offered by our social media management tool (Services) subject to these Terms.
3.2 Accepting your request for subscription
Our acceptance of your order takes place when we send an email to you to accept it (Subscription Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Subscription Confirmation.
3.3 If we cannot accept your request for subscription
If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your request. If you have already paid for the Services, we will refund you the full amount. We fully reserve our right to not offer the Services to anyone for any reason.
3.4. We reserve the right to withdraw at any time our offer to trial our services for free for 30 days where we believe in our sole opinion this is being abused.
4.1 You may terminate the Contract at any time
If you terminate the Contract before the end of your current paid-up period, your termination will take effect immediately and you will not be charged again.
4.2 To cancel the Contract, you simply have to log in to your account and complete the cancellation form found by clicking on the “Subscription” link.
4.3 Any request for refunds because of non use of the Service after the initial 30 day free trial period may be provided by us at our sole discretion and shall incur a reasonable administration charge.
4.4 Where a refund is given by us, any discount provided which is based on the frequency of payments, (eg. quarterly, bi-annual and annual) will not be reflected in the refunded amount.
We will provide you with social media management tools as more particularly described on our site. Our Services can be accessed by our site, via our API and through our mobile apps.
5.2 Third Party Service Providers
The Service may contain features that enable various third party service providers (such as social media services like Facebook, Twitter and LinkedIn) (“Third Party Service Providers”) to be directly integrated into your STADIUUM Group account. To take advantage of these features, you will be required to register for or log into the Third Party Service Providers on their respective websites. By enabling Third Party Service Providers within the Service, you are allowing us to pass your login information to these Third Party Service Providers for this purpose. You agree to comply with all the terms of service and use of the Third Party Service Providers (“Third Party Service Providers Terms”) and we shall not be liable to you in any way in the event that you do not follow such Third Party Service Providers Terms. In the event that you breach Third Party Service Providers Terms we have the right to immediately terminate our agreement with you.
5.3 Descriptions and illustrations
Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract
or have any contractual force.
5.4 Changes to Services
We reserve the right to amend the specification of the Services at any time and we will use reasonable endeavours to notify you in advance of any such event but shall be under no obligation to do so. For the avoidance of doubt such changes to the specification of the Services may arise as a result of Third Party Service Providers withdrawing their consent for our use of the whole or any part of their platforms for the use in the Services. We shall not be liable to you for any losses caused by a change in the specification of the Services howsoever caused.
5.5 Reasonable care and skill
We will provide the Services to you using reasonable care and skill.
5.6 Availability of Site
Whilst we shall do our best to ensure the Service and the Site are always available we cannot guarantee it will be uninterrupted, always available or error free.
6.1 It is your responsibility to ensure that:
(a) you co-operate with us in all matters relating to the Services;
(b) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(c) you comply with all applicable laws, including data protection laws;
(d) you comply with our acceptable use policy; and
(e) you input the correct county, province and country codes which reflect the country you live in when purchasing your subscription.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
7.2 The Charges are the prices quoted on our site at the time you submit your order.
7.3 If you wish to change the scope of the Services through the membership portal after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4 We take reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.7 for what happens if we discover an error in the price of the Services you ordered.
7.5 We reserve the right to increase the Charges at any time.
7.6 Where VAT/GST is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT/GST, at the applicable rate, at the same time as you pay the Charges.
7.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
7.8 If we have offered and you are using a discount code then this code may only be used on a single account at any time. Where a discount code is used, this discount will be applied to your current plan and will negate any discount that would have otherwise been applied based on payment frequency.
7.9 Discounts codes are only applicable to your current subscription plan. This includes offers provided when opening a free trial with us. You acknowledge that by upgrading or downgrading your plan, the discount code applied to your previous charges will no longer be valid.
7.10 We reserve the right to reduce or stop discount codes as we see fit at any time.
7.11 For any upgrade or downgrade of your subscription plan, the credit/debit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rata charge will be applied based on the difference in price between your current plan and the plan you upgrade to and the amount of time remaining until your next billing date.
8.1 If you do not terminate the Contract prior to this forty-five-day period we will take your first payment on the 45th day and will take subsequent payments monthly thereafter.
8.2 You can ostensibly only pay for the Services using a debit card or credit card unless we agree otherwise with you in writing.
8.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 5% a year.
8.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law and agreed with us).
If a problem arises or you are dissatisfied with the Services, please let us know at firstname.lastname@example.org
10.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
11.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by unsubscribing from these notifications.
12.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by Australian law, or any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of use or corruption of software, data or information;
(e) loss of or damage to goodwill; and
(f) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.5 This clause 12 will survive termination of the Contract.
13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.
13.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; or
(f) you do anything which in our sole opinion could jeopardise our business or hamper our ability to provide our services to our other customers.
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). For the avoidance of doubt an Event Outside Our Control includes but is not limited to interruptions in service or events on third-party sites, including but not limited to, Facebook, Twitter, LinkedIn that may affect us and your use of the Service.
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will attempt to see if we can provide the Services but if as a result of the Event Outside Our Control means that we are no longer able to provide the Services or any part of them (or cannot commercially justify the provision of the Services or any part of them in our sole discretion) then we can cease providing it.
15.3 You may cancel the Contract affected by an Event Outside Our Control. Third party contracts outside our control which remove the service.
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 10.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights
The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction
The Contract is governed by Australian law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Australian courts.