WEBSITE TERMS & CONDITIONS OF USE

1. About the Website
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(a) Welcome to www.awardee.com.au & www.awardee.com & www.award.ee (the ‘Website’). The Website allows you to access and use the Awardee (the ‘Services’).
(b) The Website is operated by Awardee Pty Ltd, ACN/ABN 653 151 074. Access to and use of the Website, or any of its associated Products or Services, is provided by Awardee Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Awardee Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Awardee Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
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2. Acceptance of the Terms
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You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
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3. About the Service
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(a) Awardee is The Customer Service Platform
(b) Free, Restricted, Licensed accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
(c) Some accounts may be governed by a separate Software Licensing Agreement with Awardee Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
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4. Acceptable use of the Service
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(a) Awardee, its related features, and website must only be used lawfully. Awardee Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
(i) To engage in any act that would disrupt the access, availability, and security of Awardee and other Awardee Pty Ltd services, including but not limited to:
(A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance Awardee or other Awardee Pty Ltd services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
(D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Awardee Pty Ltd.
(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Awardee Pty Ltd or any third party.
(e) To access or search any part of the Service, or any other Service owned by Awardee Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of Awardee’s content policy.
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5. Security and Data Privacy
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Awardee Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Awardee Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Awardee Pty Ltd’s processes, policies, and obligations in respect of Awardee security breaches.
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6. Data Use
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Awardee Pty Ltd collects, stores, and processes your data on Awardee. The data is used to provide Services to you, as well as to facilitate Awardee Pty Ltd’s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Awardee Pty Ltd. The Privacy Policy also addresses Awardee Pty Ltd’s processes, policies, and obligations in respect of data encryption and removal requests.
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7. Subscription to use the Service
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(a) In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to First Name, Last Name, Address, Date of Birth, Email, Phone, Photographs, Payment Details & Payment Links, Login Credentials, Statistics, Page Visits, Opinions, Feedback, IP Address, Logos & Images.
(e) You warrant that any information you give to Awardee Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Awardee Pty Ltd; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
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8. Payments
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(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
(b) Payments made in the course of your use of Awardee may be made using third-party applications and services not owned, operated, or otherwise controlled by Awardee Pty Ltd. You acknowledge and agree that Awardee Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Awardee services.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that Awardee Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
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9. Refund Policy
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Awardee Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Awardee Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
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10. Copyright and Intellectual Property
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(a) The Website, the Services and all of the related products of Awardee Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Awardee Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Awardee Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) Awardee Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Awardee Pty Ltd.
(d) Awardee Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(e) You may not, without the prior written permission of Awardee Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
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11. General Disclaimer
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(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Awardee Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Awardee Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Awardee Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Awardee Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.
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12. Limitation of Liability
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(a) Awardee Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Awardee Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
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13. Termination of Contract
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(a) The Terms will continue to apply until terminated by either you or by Awardee Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) not renewing the Subscription prior to the end of the Subscription Period;
(ii) closing your accounts for all of the services which you use, where Awardee Pty Ltd has made this option available to you; and
(iii) providing Awardee Pty Ltd with 14 days’ notice of your intention to terminate.
(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to Awardee Pty Ltd via the ‘Contact Us’ link on our homepage.
(d) Awardee Pty Ltd may at any time, terminate the Terms with you if:
(i) you do not renew the Subscription at the end of the Subscription Period;
(ii) you have breached any provision of the Terms or intend to breach any provision;
(iii) Awardee Pty Ltd is required to do so by law;
(iv) the provision of the Services to you by Awardee Pty Ltd is, in the opinion of Awardee Pty Ltd, no longer commercially viable.
(e) Subject to local applicable laws, Awardee Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Awardee Pty Ltd’s name or reputation or violates the rights of another party.
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14. Indemnity
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You agree to indemnify Awardee Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
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15. Dispute Resolution
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15.1 Compulsory:
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If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
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15.2 Notice:
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A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
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15.3 Resolution:
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On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the Awardee representative;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Brisbane, Australia.
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15.4 Confidential:
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All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
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15.5 Termination of Mediation:
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If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
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16. Venue and Jurisdiction
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The Services offered by Awardee Pty Ltd are intended to be viewed by residents of Australia & internationally. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland.
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17. Governing Law
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The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
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18. Independent Legal Advice
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Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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ASSIGNMENT OF COPYRIGHT
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This deed (Deed) is made on 11 Apr 2024 between Member of Website who purchased a free or paid ‘Subscription’ and agreed to these terms & Conditions (Assignor) and Awardee Pty Ltd (653 151 074) of Ground Floor 477 Boundary Street, Spring Hill, Queensland, 4000 (Assignee).
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BACKGROUND
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(A) The Assignor is the sole legal and beneficial owner of all rights in and to the works described in item 1 of schedule 1 (Works).
(B) The Assignor wishes to assign such ownership of the Copyright in the Works to the Assignee, who wishes to accept such assignment.
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OPERATIVE PROVISIONS
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20. Definitions and interpretation
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20.1 Definitions
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In this Deed:
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Author means: the author of a Work and includes the maker or creator of copyright subject matter other than a Work as used or defined in the Copyright Act 1968 (Cth) (Copyright Act).
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Copyright means: the right of Reproduction or publication on www.awardee.com.au & www.awardee.com. Printed publication in marketing material directly related to Awardee Pty Ltd. Reproduction in digital marketing material such as email, advertising, presentations. under the Copyright Act; the right of under the law of a country other than Australia; and rights in the nature of or analogous to the rights in paragraphs (a) and (b) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
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20.2 Interpretations
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(a) Words or phrases defined in the Copyright Act 1968 (Cth), as amended, must have the same meaning if used in this Deed unless the contrary intention is shown or the meaning is inconsistent in the context;
(b) “Related body corporate” must have the meaning as defined in the Corporations Act 2001 (Cth);
(c) This Deed may not be interpreted adversely to a party only because that party was responsible for preparing it;
(d) Headings are for convenience only and do not affect the interpretation of this Deed;
(e) References to a person, or words denoting a person, includes a company, statutory corporation, partnership, joint venture and association, and includes that person’s legal personal Representatives, executors, administrators, successors and permitted assigns;
(f) Every obligation entered into by two or more parties binds them jointly and each of them severally;
(g) Where any word or phrase is defined in this Deed, any other grammatical form of that word or phrase will have a corresponding meaning;
(h) “Includes”, “including” and similar expressions are not words of limitation;
(i) All monetary amounts are in Australian dollars; and
(j) Reference to any agreement, deed or other document annexed to or referred to in this Deed includes any amendments to it and any documents in addition to or in substitution for it which have been approved in writing by the parties to this Deed.
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21. Assignment
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The Assignor assigns absolutely to the Assignee:
(a) the entire Copyright throughout the universe and all other rights of a like nature, whether vested, contingent or future, in the Works including all renewals and extensions of Copyright; and
(b) any and all rights of action and remedies (whether arising at common law or under any statute) in relation to the Works available to the Assignor at the date of this Deed including all causes of action for infringement of the Copyright in the Works, whether past, present or future.
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22. Further actions
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(a) The Assignor must do any and all acts and execute any and all documents to complete the assignment of the Copyright in the Works to the Assignee.
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23. Warranties
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The Assignor warrants that:
(a) it is the sole legal and beneficial owner of the Copyright in the Works granted to the Assignee in this Deed, and that it has the legal authority to enter into this Deed;
(b) the Assignor has not licensed, charged, encumbered or assigned to any other person, in whole or in part, any rights in the Works, or has in any way dealt with the Works in a manner inconsistent with the Assignor’s obligations under this Deed;
(c) there are no existing or threatened claims or litigation which would adversely affect or impair the exploitation of the Copyright in the Works;
(d) the Works do not, and will not, infringe the Copyright of any person; and
(e) there is no present or prospective claim, proceeding or litigation in respect of the Copyright in the Works which may impair, limit, inhibit or diminish the rights in the Works assigned to the Assignee pursuant to this Deed.
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24. Indemnity
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The Assignor warrants that:
(a) The Assignor will at all times indemnify and keep indemnified the Assignee, its Representatives and any related body corporate of the Assignee against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal costs and expenses) arising out of or relating to or is a consequence of:
(i) any breach or alleged breach of any term, condition or warranty by the Assignor; and
(ii) any claims in relation to infringement of any rights of any third party arising in connection with the use of the Works by or under the authority of the Assignee, including any assignee or licensee of the Assignee.
(b) The Assignee will at all times indemnify and keep indemnified the Assignor and any related body corporate of the Assignor against any and all claims, liabilities, damages, losses, costs and expenses arising out of or relating to any breach or alleged breach of any term, condition or warranty by the Assignee.
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25. General provisions
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25.1 Jurisdiction
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This Deed is subject to the laws of the state or territory described in item 3 of schedule 1 with the courts of the state or territory described in item 3 of schedule 1 having exclusive jurisdiction over any disputes arising in respect of this Deed.
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25.2 No partnership or agency relationship
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Nothing contained in this Deed must be deemed to constitute a partnership between the parties or that either party is the agent of the other party and the Assignee must not hold itself out, engage in any conduct or make any representation which may suggest to any person that the Assignee is, for any purposes, the agent of the Assignor.
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26. Execution
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This Deed is executed by you accepting the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.