Terms & Conditions

1. Introduction

This "Terms of Service" document for Supply'd serves the following purposes:

  1. Legal Protection
    It outlines the rules and guidelines that users must adhere to when using Supply’d products and services. 
  2. User Agreement
    It establishes a formal agreement between Supply'd and our clients, specifying the terms and conditions that must be followed. This includes the rights and obligations of both parties.
  3. Usage Guidelines
    The document provides instructions and limitations on how users can interact with our software and services.
  4. Dispute Resolution
    It outlines the process for resolving any disputes or issues that may arise, offering a structured mechanism for conflict resolution.
  5. Updates and Changes
    How and when these terms of service may be modified, ensuring transparency in case of any future updates.

2. Definitions

  1. Content
    Any data, information, text, images, or materials provided or shared by users while using Supply'd's services.
  2. Dispute Resolution
    The process and mechanism for addressing and resolving any conflicts or disagreements that may arise between users and Supply'd.
  3. Intellectual Property
    The rights related to patents, trademarks, copyrights, and any proprietary content or materials owned or licensed by Supply'd.
  4. Modification
    The ability of Supply'd to update, amend, or make changes to the terms and conditions, with notice provided to users as required.
  5. Privacy Policy
    The Supply’d Privacy Policy is the document detailing how Supply'd collects, uses, and safeguards user data and information, ensuring compliance with relevant data protection laws.
  6. Services
    Services encompass all the software solutions, products, and offerings provided by Supply'd, including but not limited to the Business Enterprise system and associated services.
  7. Supply'd
    Supply'd Pty Ltd of Unit 2, 31 Camino Crescent, Cranbourne West, Victoria 3959 (ABN 17 636 457 817) is the technology company offering business enterprise software solutions and services.
  8. Termination
    The action of suspending or closing a user's access to Supply'd's services, either by the user's request or due to non-compliance with the terms and conditions.
  9. Terms and Conditions
    The rules, guidelines, and provisions outlined in this document govern the use of Supply'd's services and establish the legal agreement between Supply'd, our clients and users.
  10. User
    A user is any individual, business, or entity that accesses or uses Supply'd's services, including customers, clients, and website visitors.
  11. User Account
    A user account is a registered account created by a user to access and utilise certain features and services offered by Supply'd, requiring authentication and personal information.
  12. Website
    Refers to the online presence of Supply'd, including its official website and any associated web pages, applications, or online platforms.

3. Acceptance of Terms

By utilising Supply’d software solutions and IT development services, you provide your acceptance and agreement to abide by the terms and conditions set forth in this document. Your use of our services serves as a binding acknowledgment of your commitment to adhere to these terms. It is essential to understand that accessing, browsing, or interacting with any aspect of our services is synonymous with your consent to be legally bound by these terms. If you do not consent to any or all of the terms and conditions presented here, we kindly request that you refrain from using our services. Your continued use of Supply'd's offerings is a clear demonstration of your acceptance of these terms, and you are obliged to comply with them throughout your usage.

4. User Accounts

When creating a user account with Supply'd, you are responsible for providing accurate and up-to-date information. You must safeguard your login credentials and ensure their confidentiality. Your account is for the sole use of your business, and you are solely responsible for all actions taken under your account, including any content you upload or share. 

It is essential to promptly notify Supply'd of any unauthorised access or security breaches related to your account. You acknowledge that you are responsible for any consequences resulting from your account's activities. 

Supply'd reserves the right to suspend or terminate accounts in the event of misuse, non-compliance with these terms, or any activity that poses a security risk or violates the law. Your commitment to maintaining the security and integrity of your account is crucial to ensuring a safe and productive user experience.

5. Use of Service

The following guidelines are designed to ensure a positive and secure environment for all users of Supply'd's products, services, and software solutions. Users are urged to familiarise themselves with and adhere to these guidelines for a mutually beneficial experience.

  1. Compliance
    Users must comply with all applicable laws and regulations while using Supply'd's services.
  2. User Conduct
    Respectful and lawful conduct is expected. Users should refrain from engaging in any activities that may be harmful, offensive, or disruptive to others.
  3. Account Security
    Users are responsible for maintaining the security of their accounts, including safeguarding login credentials, and promptly reporting any unauthorised access.
  4. Accuracy of Information
    Provide accurate and current information during account creation and refrain from submitting false or misleading data.
  5. Intellectual Property
    Users must respect the intellectual property rights of Supply'd and other users. Unauthorised use or distribution of copyrighted materials is strictly prohibited.
  6. Prohibited Activities
    Engaging in activities such as hacking, data mining, or any actions that could harm the integrity of Supply'd's services or compromise user data is strictly prohibited.
  7. Content Sharing
    Users are responsible for any content they share through Supply'd's services. Content should not violate the terms of service, and users should have the necessary rights to share it.
  8. Communication
    Users should communicate respectfully with Supply'd's support team and other users. Harassment, threats, or any form of abusive behaviour will not be tolerated.
  9. Prohibited Activities
    Users engaging with Supply'd's services are strictly prohibited from participating in activities that undermine the integrity of the platform or violate legal and ethical standards. Prohibited activities include, but are not limited to, hacking, unauthorised access to systems, distribution of malicious software, data mining, or any action that compromises the security and functionality of Supply'd's services. Users are expressly forbidden from engaging in activities that infringe upon the intellectual property rights of Supply'd or third parties, including unauthorised use or distribution of copyrighted materials. 
  10. Termination of Use
    Supply'd reserves the right to suspend or terminate user accounts for violations of the terms of service, misuse of services, or any actions that pose a risk to security.
  11. Updates and Modifications
    Users are encouraged to review the terms regularly, as they may be updated or modified. Continued use of the services after such changes constitutes acceptance of the updated terms.

6. Privacy Policy

Supply'd is committed to safeguarding the privacy and security of user information. Our Privacy Policy details how we collect, use, and protect your personal data in compliance with relevant data protection laws. It outlines the types of information we may collect, including but not limited to, user account details, usage of data, and any information voluntarily provided by users. Supply'd ensures the confidentiality and proper handling of user data, using it solely for the purposes outlined in the Privacy Policy. We take measures to secure user information and maintain transparency about our data practices. Users are encouraged to review the Privacy Policy to understand how their data is utilised and to make informed decisions about their interaction with our services. By using Supply'd's services, you acknowledge and agree to the terms outlined in our Privacy Policy. If you have any concerns or queries about your privacy, please contact us through the provided channels in the Privacy Policy document.

7. Intellectual Property

Supply'd values intellectual property rights and recognises the importance of protecting both its own assets and those of its users. All content, materials, and intellectual property provided by Supply'd, including but not limited to software, designs, logos, processes, procedures, and documentation, are the exclusive property of Supply'd Pty Ltd or its licensors. Users retain ownership of the content they provide while using our services, but by sharing such content, they grant Supply'd a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content as necessary for the provision of our services. Any unauthorised use, reproduction, or distribution of Supply'd's intellectual property is strictly prohibited. Users are expected to respect these rights and refrain from infringing on the intellectual property of others while using Supply'd's services. Supply'd reserves the right to take appropriate legal action in response to any violations of intellectual property rights.

8. Payment and Fees

Users of Supply'd services agree to adhere to the specified payment terms and billing arrangements outlined in our policies and documentation. Payment details, including applicable fees and billing cycles, are provided upon registration or purchase of services. Users are responsible for ensuring that their payment information is accurate and up to date. 

In the event of any billing discrepancies or concerns, users are encouraged to contact our billing department promptly for resolution. Supply'd may use third-party payment processors to facilitate transactions, and users are subject to the terms and conditions of these processors. 

Supply'd reserves the right to modify fees and billing policies, with any changes communicated to users in advance. Non-compliance with payment terms may result in the suspension or termination of services. It is crucial for users to familiarise themselves with these policies to ensure a clear understanding of their financial obligations and entitlements when utilising Supply'd's services.

9. Disclaimer of Warranties

Supply'd "Terms of Service" includes limitations on the company's liability to users. While we strive to provide reliable and secure services, users acknowledge that the use of IT development services inherently involves some level of risk. In no event shall Supply'd be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use of our services. This includes, but is not limited to, loss of data, business interruption, or any other financial loss. 

Users accept that the services are provided "as is" and "as available," and Supply'd makes no warranties, either expressed or implied, regarding the reliability, accuracy, or completeness of the services. Supply'd's liability is further limited to the maximum extent permitted by applicable law. Users are encouraged to carefully review and understand these limitations, as outlined in the "Terms of Service," before engaging with our services.

10. Limitation of Liabilities

The Supply'd "Terms of Service" explicitly excludes certain damages and liabilities to the maximum extent permitted by applicable law. In no event shall Supply'd be liable for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, loss of profits, loss of data, business interruption, or any other intangible losses arising out of or in connection with the use or inability to use our IT development services. 

Users acknowledge and agree that this exclusion applies, regardless of the nature of the claim or the legal theory, whether in contract, tort (including negligence), or otherwise. The total liability of Supply'd, if any, arising out of or in connection with the services shall not exceed the amount paid by the user for the specific services giving rise to the claim. 

Users are advised to carefully consider these exclusions when using Supply'd services and to consult legal counsel if needed to fully understand the implications outlined in the "Terms of Service."

11. Indemnification

Users of Supply'd services acknowledge and agree that they are solely responsible for any legal claims, disputes, or liabilities arising from their use of the IT development services. In the event of any legal action, including but not limited to claims of intellectual property infringement, violation of terms, or any other legal disputes, users agree to bear all associated costs, including attorney fees and legal expenses incurred by Supply'd. This responsibility extends to situations where the user's actions or content contribute to legal claims against Supply'd. 

Users are encouraged to act in accordance with the "Terms of Service" and to promptly address any legal concerns that may arise. By engaging with Supply'd's services, users assume the responsibility for their actions and any legal consequences that may result. It is advisable for users to seek legal advice to fully comprehend their responsibilities and potential legal implications outlined in the "Terms of Service."

12. Termination

The agreement between users and Supply'd may be terminated under specific conditions outlined in the "Terms of Service." Supply'd reserves the right to suspend or terminate user accounts and access to services in instances of a material breach of the terms, violation of applicable laws, or any activity that poses a security risk or disrupts the proper functioning of the products and/or IT development services. 

Users are also subject to termination if found to be engaged in prohibited activities, as outlined in the terms. Supply'd may exercise its discretion to terminate the agreement for reasons including but not limited to non-payment, misuse of services, or any conduct that adversely affects the user community or Supply'd's reputation. 

Users are encouraged to review the termination conditions carefully to ensure compliance and avoid any actions that may lead to the suspension or termination of their account and access to Supply’d services.

13. Jurisdiction and Applicable Law

The "Terms of Service" for Supply'd are governed by and construed in accordance with the laws Victoria, Australia. 

Users agree that any legal actions, disputes, or claims arising out of or in connection with the services provided by Supply'd shall be subject to the exclusive jurisdiction of the courts in that jurisdiction. By using Supply'd products and IT development services, users consent to this venue and jurisdiction to submit any legal disputes to the applicable courts. 

This provision ensures a clear understanding of the legal framework under which any disagreements or legal actions will be resolved, providing clarity and predictability for both users and Supply'd. Users are advised to carefully review and understand these jurisdictional and applicable law provisions outlined in the "Terms of Service."

14. Changes to Terms

Supply'd reserves the right to update, modify, or amend the terms of service as necessary, and users will be notified of any changes. Updates may occur for various reasons, including legal compliance, improvements to services, or changes in business practices. Users will be informed of these updates through notification on the Supply'd website, through the user account interface, or via email, providing reasonable notice before the changes take effect. 

By continuing to use Supply'd products and IT development services after the effective date of any modifications, users express their acceptance of the updated terms. It is crucial for users to stay informed about any changes by regularly reviewing the terms of service and related notifications. This approach ensures transparency and allows users to make informed decisions about their continued engagement with Supply'd services.

15. Contact Information

If you have any questions relating to Supply’d’s “Terms of Service”, please contact us by writing to:

The Company Secretary

Supply’d Pty Ltd,
Unit 2/31 Camino Cres,
Cranbourne West VIC 3977

Phone: +61 3 9068 7812
Or email: companysecretary@supplyd.co