Website and Platform Terms of Use

These Terms apply when you access or use any website, portal, online resource or software service made available by ACMO Pty Ltd, including www.acmo.com.au, docs.acmo.com.au, developer.acmo.com.au and the ACMO All-in-One Business Suite (collectively, the Services).

By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of a company, government body or other organisation, you confirm that you are authorised to bind that organisation to these Terms. If you do not agree, you must not access or use the Services.

The Services are intended for business use. You must be at least 18 years old, or otherwise have legal capacity to enter into these Terms, and must be authorised by your organisation to use the Services.

The Services are provided by ACMO Pty Ltd (ABN 53 632 100 433), of Level 2, 25 Ryde Road, Pymble, New South Wales 2073, Australia (ACMO, we, us or our).

General enquiries may be submitted through the contact page on our website. Platform support requests may be sent to servicedesk@acmo.com.au. Privacy enquiries may be sent to privacy@acmo.com.au.

An organisation that purchases or subscribes to an ACMO product or service may have a separate software services agreement, subscription agreement, sales order, statement of work, data processing agreement or other written contract with ACMO (Customer Agreement).

The Customer Agreement governs the organisation's paid subscription, implementation, professional services, fees, service levels, support, data processing, warranties, liability and termination rights. If there is any inconsistency between these Terms and a Customer Agreement, the Customer Agreement prevails to the extent of the inconsistency.

These Terms do not amend a Customer Agreement. Product documentation, website content and marketing material do not create additional contractual commitments unless they are expressly incorporated into a Customer Agreement.

We may update these Terms to reflect changes to the Services, our business practices, applicable law, security requirements or regulatory guidance. The current version and effective date will be published on our website.

Where a change materially affects registered users, we will take reasonable steps to provide advance notice through the Services, by email or by another appropriate method. Changes will apply prospectively and will not amend an existing Customer Agreement unless the parties agree in writing.

We may improve, modify, replace or discontinue website content, trial features or non-contracted functionality. Material changes to paid Services remain subject to the applicable Customer Agreement.

Some Services require an account. You must provide accurate and current registration information and use only the account assigned to you.

You must keep usernames, passwords, authentication codes and other credentials confidential, use reasonable security measures, and must not share credentials or permit another person to impersonate you.

Customer administrators are responsible for authorising users, assigning appropriate roles and permissions, reviewing access, and promptly disabling access when a user no longer requires it.

You must promptly notify ACMO at servicedesk@acmo.com.au if you become aware of suspected unauthorised access, compromised credentials, misuse of an account or a security incident affecting the Services.

Your organisation is responsible for activities performed through its accounts and authorised users, except to the extent an activity results from ACMO's breach of its obligations.

Subject to these Terms and any Customer Agreement, ACMO grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Services for your organisation's internal business purposes and within the subscribed or authorised scope.

You may access and use ACMO documentation, templates and other materials only to support your authorised use or evaluation of the Services. No ownership rights are transferred to you.

You must not, and must not permit another person to:

• Use the Services unlawfully, fraudulently, deceptively or in a way that infringes another person's rights;
• Access or attempt to access an account, tenant, system, network, data set or function that you are not authorised to access;
• Circumvent access controls, usage limits, security controls or technical restrictions;
• Introduce malware, malicious code, corrupted files or other harmful material;
• Interfere with, overload, disrupt or degrade the Services or another user's use of them;
• Probe, scan, test or exploit a vulnerability without ACMO's prior written authorisation;
• Reverse engineer, decompile, disassemble, copy, modify or create derivative works from the Services, except to the limited extent expressly permitted by law and not capable of lawful exclusion;
• Scrape, harvest or use automated means to extract data or content, except through an authorised API or functionality made available by ACMO;
• Upload or process material unless your organisation has all rights, permissions, notices and consents required to do so;
• Use the Services to send unsolicited communications, impersonate another person or misrepresent your identity, authority or affiliation;
• Remove proprietary notices or use ACMO's name, trade marks or branding without permission; or
• Use the Services in a manner that is inconsistent with applicable documentation, security guidance, a Customer Agreement or reasonable instructions provided by ACMO.

Customer Data means information, documents, records, images, files, instructions and other content submitted to, transmitted through or generated within the Services by or for a customer or its authorised users.

As between ACMO and the customer, the customer retains its rights in Customer Data. The customer grants ACMO and its authorised service providers a limited right to host, copy, transmit, process, display, back up and otherwise use Customer Data only as reasonably necessary to provide, secure, support and maintain the Services, comply with lawful instructions, and perform obligations under the Customer Agreement.

The customer is responsible for the accuracy, quality, legality and completeness of Customer Data, and for ensuring that its collection, use, disclosure and instructions to ACMO comply with applicable law and do not infringe third-party rights.

ACMO may create and use de-identified and aggregated technical or usage information to operate, analyse, secure and improve its products and services, provided that the information does not identify the customer or an individual and does not include readable customer documents or business content. Any more specific rights or restrictions in a Customer Agreement prevail.

Data export, retention, return and deletion following expiry or termination of a paid subscription are governed by the applicable Customer Agreement.

ACMO handles personal information in accordance with its Privacy Policy and applicable privacy laws. The Privacy Policy explains how ACMO collects, uses, discloses, stores and protects personal information, and how individuals may request access or correction or make a privacy complaint.

Where a customer submits personal information to the Services, the customer is responsible for having an appropriate legal basis, providing required notices, obtaining required consents and issuing lawful instructions. ACMO handles that information for the customer in accordance with the Customer Agreement and applicable law.

Hosting, data residency, authorised support access and overseas disclosure arrangements for paid Services are governed by the applicable Customer Agreement, product documentation and Privacy Policy.

Do not submit sensitive or unnecessary personal information through public website forms. Privacy enquiries may be sent to privacy@acmo.com.au.

ACMO uses reasonable administrative, technical and organisational safeguards designed to protect the Services and information under its control. However, no online service, network or transmission method is completely secure or error-free.

Customers and users remain responsible for the security of their own devices, networks, identity systems, email accounts, integrations and credentials, and for configuring user roles and approval authorities appropriately.

You must cooperate with reasonable security and incident-response requests and provide information reasonably required to investigate suspected misuse, vulnerabilities or security incidents.

The Services may connect to or interoperate with third-party products, cloud services, enterprise systems, websites or data sources. A customer's use of a third-party service is governed by the customer's agreement with that provider.

When a customer enables an integration, the customer authorises ACMO to exchange Customer Data with the relevant third-party service as necessary to operate that integration. The customer is responsible for confirming that the integration and the third party's handling of data meet its requirements.

Links to third-party websites are provided for convenience. Unless expressly stated, ACMO does not control or endorse those websites and is not responsible for their content, security, availability or privacy practices.

ACMO and its licensors retain all rights, title and interest in the Services, software, workflows, interfaces, documentation, designs, trade marks, know-how, methods, templates, configurations and other materials made available by ACMO, including improvements and derivative works.

You must not copy, publish, distribute, sell, sublicense or commercially exploit ACMO materials except as expressly permitted by these Terms, a Customer Agreement or applicable law.

If you provide suggestions, ideas or feedback, ACMO may use them to develop or improve its products and services without payment or restriction, provided that ACMO does not identify you or disclose your organisation's confidential information without permission.

Non-public product information, demonstrations, trial environments, security information, pricing, roadmaps, technical materials and other information that is marked confidential or would reasonably be understood to be confidential must be protected using at least reasonable care and used only for the authorised business purpose.

This clause does not apply to information that is public through no breach, was lawfully known without restriction, is independently developed without using confidential information, or is lawfully received from another source without a duty of confidence.

A confidentiality agreement or Customer Agreement between ACMO and the customer prevails if it provides more specific obligations.

ACMO may provide demonstrations, evaluation access, proof-of-concept environments, beta functionality or preview features. Unless otherwise agreed in writing, they are provided for evaluation only, may be time-limited, may be changed or withdrawn, and must not be used for production processing or business-critical operations.

Do not upload production data, confidential information, personal information or sensitive information to a trial or demonstration environment unless ACMO has expressly confirmed that the environment is approved for that purpose.

Service levels, support commitments and warranties applicable to paid production Services do not apply to trials, demonstrations or preview features unless expressly agreed in writing.

ACMO may perform scheduled or urgent maintenance and may temporarily restrict access where reasonably required for security, integrity, legal compliance or operational reasons.

Availability commitments, support response targets, maintenance arrangements and service credits for paid Services are set out in the applicable Customer Agreement or service level schedule. Website content and free resources are provided without a service level commitment.

The Services may use rules, optical character recognition, machine learning or other automated techniques to extract, classify, match, route, validate or suggest information. Automated outputs may be incomplete, inaccurate or require review.

Customers and authorised users remain responsible for reviewing outputs, maintaining appropriate approval and segregation-of-duties controls, and making final accounting, procurement, payment, compliance and operational decisions.

The Services and website content do not constitute legal, accounting, tax, financial or other professional advice. You should obtain appropriate professional advice for decisions that require it.

ACMO may suspend or restrict access where reasonably necessary to address a security risk, suspected unauthorised or unlawful use, a material breach, non-payment where permitted by a Customer Agreement, a legal requirement, or a risk to the Services or other customers.

Where practicable, ACMO will provide notice and a reasonable opportunity to remedy the issue. Immediate action may be taken where delay could increase security, legal or operational risk.

Suspension or termination of a paid subscription is otherwise governed by the applicable Customer Agreement.

You may stop using the public website or free resources at any time. Account access may be disabled by the relevant customer administrator or ACMO in accordance with these Terms or the Customer Agreement.

When access ends, you must stop using the Services and ACMO materials, except to the extent a continuing right is provided in writing. Clauses that are intended by their nature to continue, including those relating to intellectual property, confidentiality, disclaimers, liability and governing law, survive termination.

Website content is provided for general information and may be changed or become out of date. Product capabilities, implementation requirements, compatibility and availability may vary by subscription, configuration, release, region and third-party dependency.

To the extent permitted by law, the public website, free resources, trials and preview features are provided on an as-available basis. ACMO does not promise that they will be uninterrupted, error-free, secure, complete or suitable for a particular purpose.

Warranties and remedies relating to paid Services are governed by the applicable Customer Agreement.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.

Where ACMO is permitted to limit its liability for a failure to comply with a statutory guarantee relating to services, ACMO's liability is limited, at ACMO's option, to supplying the services again or paying the cost of having the services supplied again.

Liability arising from a paid subscription, professional services, support or implementation is governed by the applicable Customer Agreement.

For access to the public website, free resources, trials and preview features, and subject to clause 20, neither party is liable to the other for indirect, incidental, special or consequential loss, loss of profit, revenue, goodwill, anticipated savings or business opportunity, or loss or corruption of data, except to the extent such loss cannot lawfully be excluded.

Subject to clause 20, ACMO's aggregate liability arising from the public website, free resources, trials and preview features is limited to the greater of AUD 100 and the amount paid by you to ACMO specifically for the affected service during the 12 months before the event giving rise to the claim.

The limitations in this clause do not apply to liability that cannot lawfully be limited or excluded, or to fraud or wilful misconduct.

Each party must comply with laws applicable to its use or provision of the Services. You must not use the Services in connection with unlawful activities or in a manner that causes ACMO to breach applicable law, sanctions, court orders or regulatory requirements.

ACMO may preserve, use or disclose information where reasonably necessary to comply with law, respond to lawful process, protect rights or safety, investigate misuse or enforce these Terms, subject to applicable privacy and confidentiality obligations.

Before commencing court proceedings, a party should give the other party written notice of the dispute and allow a reasonable opportunity for authorised senior representatives to attempt to resolve it in good faith. This does not prevent a party from seeking urgent interlocutory or injunctive relief.

Dispute processes in a Customer Agreement prevail for disputes arising under that agreement.

These Terms are governed by the laws of New South Wales, Australia. Subject to any mandatory rights or applicable Customer Agreement, the courts of New South Wales have jurisdiction in relation to disputes arising from these Terms.

If a provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary and the remaining provisions continue in effect.

A failure or delay in enforcing a right is not a waiver of that right. Headings are for convenience only.

These Terms are the entire agreement between you and ACMO regarding the public website and free resources, but do not replace a Customer Agreement, confidentiality agreement or other written contract.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between you and ACMO.

Questions about these Terms may be submitted through ACMO's website contact page or sent by post to ACMO Pty Ltd, Level 2, 25 Ryde Road, Pymble NSW 2073, Australia.

Platform support: servicedesk@acmo.com.au. Privacy enquiries: privacy@acmo.com.au.