About the Website
Welcome to Rightomation.com.au (Website). The Website is Business process automation (Services).
The Website is operated by Rightomation Pty Ltd (ACN 651581396). Access to and use of the Website, or any of its associated Products or Services, is provided by Rightomation Pty Ltd. Please read these terms and conditions (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.
Rightomation Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rightomation 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.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Rightomation Pty Ltd in the user interface.
Subscription to use the Services
In order to access the Services, you must first purchase a subscription through the Website (Subscription ) and pay the applicable fee for the selected Subscription (Subscription Fee).
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.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account ).
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:
You warrant that any information you give to Rightomation Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 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 (Subscription Period).
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Rightomation Pty Ltd; or
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.
Your obligations as a Member
As a Member, you agree to comply with the following:
Payment
All payments made in the course of your use of the Services are made using Bank Transfer . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Bank Transfer terms and conditions which are available on their website.
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.
You agree and acknowledge that Rightomation 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 Period.
Refund Policy
Rightomation Pty Ltd will only provide you with a refund of the Subscription Fee for the current month in the event they are unable to continue to provide the Services or if the manager of Rightomation 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 (Refund ).
Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Rightomation Pty Ltd and 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 Rightomation Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Rightomation Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use
Rightomation 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 Rightomation Pty Ltd.
Rightomation 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: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 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).
You may not, without the prior written permission of Rightomation Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load 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.
Privacy
Rightomation Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Rightomation Pty Ltd's Privacy Policy, which is available on the Website.
General Disclaimer
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.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Rightomation 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.
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 Rightomation Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Rightomation 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:
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 unauthorised access to records
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);
costs incurred as a result of you using the Website, the Services or any of the products of Rightomation Pty Ltd; and the Services or operation in respect to links which are provided for your convenience
Limitation of liability
Rightomation 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.
You expressly understand and agree that Rightomation 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.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Rightomation Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Rightomation Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Rightomation Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by:
not renewing the Subscription prior to the end of the Subscription Period;
providing Rightomation Pty Ltd with 30 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where
Rightomation Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Rightomation Pty Ltd via the 'Contact Us' link on our homepage.
Rightomation Pty Ltd may at any time, terminate the Terms with you if:
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 Rightomation Pty Ltd's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Rightomation Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
Dispute Resolution
Compulsory
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).
Notice
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.
Resolution
n receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
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
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator
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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
The mediation will be held in Melbourne, Australia
Confidential
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.
Termination of Mediation
If 2 months 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.
Venue and Jurisdiction
The Services offered by Rightomation Pty Ltd is intended to be viewed by residents of Australia. 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 Victoria, Australia.
Governing Law
The Terms are governed by the laws of Victoria, Australia. 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 Victoria, 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 here to and their successors and assigns
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.