1.1 PROHIBITED INDUSTRIES
ALESMARC Pty Ltd and all services provided by us do not support content in the following categories. Please review this list and ensure your content aligns with our policies, when using any of our services.
Services include but are not limited to all sites and mobile applications through Alesmarc Pty Ltd or Wisdome.
You must not use Alesmarc Pty Ltd or Wisdome’s services for the following activities;
- Any person, business or organisation that
- a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or
- b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to
Products and services that infringe intellectual property rights
- Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization
- Counterfeit goods; illegally imported or exported product’s
- Unauthorized sale of brand name or designer products or services
- Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party
Products and services that are unfair, predatory, or deceptive
- Pyramid schemes
- ‘Get rich quick’ schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase
- No value added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value
- Any other businesses that ALESMARC Pty Ltd considers unfair, deceptive, or predatory towards consumers
Adult content and services
- Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts
- Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features
Firearms, explosives and dangerous materials
- Promotion and use of Guns, gunpowder’s, ammunitions, weapons, fireworks and other explosives
- Promotion and use of Peptides, research chemicals, and other toxic, flammable and radioactive materials
The wagering of money or something of value on an event with an uncertain outcome, with the primary intent of winning money or material goods. Examples include betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at racetracks. Government-licensed online casinos (online gambling).
- Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with for a monetary or material prize
- Sports forecasting or odds making with a monetary or material prize
Other Prohibited Industries and Topics definitions
- Animal cruelty – An individual or entity causing unjustifiable, unnecessary or unreasonable pain to animals. ‘Pain’ includes distress and mental or physical suffering.
- Child pornography – An individual or entity providing or associated with the visual depiction of a minor engaged in obscene or sexually explicit conduct, whether made or produced by electronic, mechanical, or other means
- Dating services and escort services – A business, agency, or person who, for a fee, provides or offers to provide an escort
- Door-to-door sales – Unsolicited individual (who may go from door to door) selling goods and/or services with immediate payment expected
- Online adult entertainment – A business that primarily sells adult digital content via Internet electronic delivery
- Prescription drugs – Pharmacies; A business that sells prescription drugs / products online.
- Prostitution – A person or business providing sexual services in return for payment
- Timeshares – Selling partial ownership of a property for use as a holiday home, whereby someone can buy the rights to use the property for the same fixed period annually
- Tobacco and smokeless tobacco retailers – A business that sells tobacco, smokeless tobacco, and e-cigarettes online
- Unregulated Massage parlours – A massage parlour that is not registered with a governing body
The types of industries / businesses listed are representative but not exhaustive.
1.2 USER AGREEMENT
User agreements are similar to Terms and Conditions, however as the use of Wisdome websites has more user-generated content (UGC) , we have added this agreement.
UGC is content that is created by users of our websites, applications and services. UGC can come in various forms, including images, videos, comments, social media posts, memes, reviews, and testimonials.
SAAS SERVICES AGREEMENT
This SaaS Services Agreement (Agreement) is entered into automatically at time of subscribing between ALESMARC Pty Ltd ACN 31 645 641 649 (Company), and Subscribed Wisdome User (Customer).
1. SaaS Services and Support
Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide the Customer the Services in accordance with the Service Level Terms (see below) in Schedule 1.
Subject to this Agreement, the Company will provide the Customer with reasonable technical support services in accordance with the Company’s standard practice.
2. Restrictions and Responsibilities
Except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by ALESMARC Pty Ltd, the Customer must not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer all or any part of the Services or any software, documentation or data related to the Services.
With respect to any Services distributed or provided to the Customer for use on the Customer’s premises or devices, the Company hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable license to use such Services during the Term only in connection with the Services.
The Customer represents, covenants, and warrants that the Customer will use the Services only in compliance with the Company’s standard published policies then in effect (Policy) and all applicable laws and regulations.
The Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Customer’s use of Services. Although the Company has no obligation to monitor the Customer’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, Equipment). The Customer shall also be responsible for maintaining the security of the Equipment, the Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Customer account or the Equipment with or without the Customer’s knowledge or consent.
3.Confidentiality and Proprietary Rights
Each party (Receiving Party) understands that the other party (Disclosing Party) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (referred to as Proprietary Information of the Disclosing Party).
Proprietary Information of the Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of the Customer includes non-public data provided by the Customer to the Company to enable the provision of the Services (Customer Data).
The Receiving Party agrees:
(i) to take reasonable precautions to protect such Proprietary Information, and
(ii) not to use (except in performance of the Services or as otherwise permitted in this Agreement) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
The Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to the Customer as part of the Services. The Company shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, the Company shall have the right collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and the Company will be free (during and after the term) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
No rights or licenses are granted except as expressly set out in this Agreement.
4. Payment of Fees
The Customer will pay the Company the then applicable fees described in the Wisdome plan provided to the user at time of subscribing. Any cancelled subscriptions will be subject to pricing change at time of re subscribing to Wisdome after missing any consecutive payments.
If the Customer’s use of the Services exceeds the Service Capacity or otherwise requires the payment of additional fees (per the terms of this Agreement), the Customer shall be billed for such usage and the Customer agrees to pay the additional fees in the manner provided in this Agreement.
The Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon thirty (30) days prior notice to the Customer (which may be sent by email).
If the Customer believes that the Company has billed the Customer incorrectly, The Customer must contact the Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company’s customer support department.
The Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by the Company fourteen (14) days after the mailing date of the invoice.
Unpaid amounts are subject to an interest charge of 3.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.
Where applicable, any goods or services tax, charge, impost or duty payable in respect of this Agreement or the supply of any goods or service made under or in respect of this Agreement and any other taxes, duties or levies will be paid by the Customer at the then-prevailing rate.
5. Term and Termination
Subject to earlier termination as provided below, this Agreement is for the Initial Service Term, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, Term), unless either party requests termination at least fourteen (14) days prior to the end of the then-current term.
In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement. The Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, the Company will make Customer Data (Customer IP and content at an additional cost) available to the Customer in a form the Company deems appropriate for a period of thirty (30) days, but thereafter the Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. Warranty and Disclaimer
The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and proper manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. However, the Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.
While all due care has been taken, the Company does not warrant that the operation of the Services will be uninterrupted or error free or that any third party components of the Services, will be accurate or error free or that the Services will be compatible with any application, program or software not specifically identified as compatible by the Company.
The Company’s obligation and the Customer’s exclusive remedy during the Term are limited, in the Company’s absolute discretion, to:
The Company, at its own expense, using all reasonable endeavours to rectify any non-conformance of the Services by repair (by way of a patch, workaround, correction or otherwise) within a reasonable period of time; or
a refund of the Fees paid if, in the Company’s reasonable opinion, it is unable to rectify such non-conformance within a reasonable timescale or at an economic cost, whereupon this Agreement will terminate.
The Customer acknowledges and accepts that it is the Customer’s sole responsibility to ensure that:
the facilities and functions of the Services meet the Customer’s requirements;
the Services are appropriate for the specific circumstance of the Customer and are within the laws and regulations of the Customer’s jurisdiction.
the Company does not purport to provide any legal, taxation or accountancy advice by providing the Service under this Agreement.
The Company will not be liable for any failure of the Services to provide any function not described in the documentation (provided online as part of the Services) or any failure attributable to:
any modification to the Services other than by the Company;
accident, abuse or misapplication of Services by the Customer;
use of the Services with other software or equipment without the Company’s written consent;
use of other than the latest, unaltered current release of the Services;
or use other than in accordance with this Agreement.
If, upon investigation, a problem with the Services is determined not to be the Company’s responsibility, the Company may invoice the Customer immediately for all reasonable costs and expenses incurred by the Company in the course of or in consequence of such investigation.
The Customer will at all times indemnify and hold harmless the Company and its officers, employees and agents in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or arising directly or indirectly from:
a breach by the Customer of its obligations under this Agreement;
any wilful, unlawful or negligent act or omission of the Customer.
8. Limitation on liability
Except in the case of death or personal injury caused by the Company’s negligence, the liability of the Company under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the fees paid by the Customer to the Company for the Services under this Agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not the Company has been advised of the possibility of such damages.
Neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by the Customer except with the Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided in this Agreement.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.
SCHEDULE 1 Specifications
Statement of Work
The company will set up the infrastructure necessary to use the Services. This includes 1. Setting up an account to log into the Company’s server. 2. Providing physical two-factor authentication key to the Customer during set up.
Service Level Terms
Resolution Time: 75% of all cases must be resolved within 70 hours. Availability: the Service will be available 93% of the time, 7 days a week, 17 hours per day.
The Company will provide Technical Support to the Customer via email on weekdays during the hours of 9:00 am through 5:00 pm Australian Eastern Standard Time, with the exclusion of Australian Public Holidays (Support Hours). The customer may initiate a helpdesk ticket during Support Hours emailing firstname.lastname@example.org. The Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one to three business days.
1.3 WEBSITE & MOBILE APPLICATION TERMS & CONDITIONS OF USE
1. What is “personal information”?
(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
2. What information do we collect?
The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: Your name, log in credentials (we do not keep your password), your business details such as email address, business address etc.
3. How we collect your personal information
(a) We may collect personal information from you whenever you input such information into the website.
4. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our website, you consent to the receipt of direct marketing material. We
will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
5. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by ALESMARC Pty Ltd and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
7. Overseas transfer
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.
9. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: email@example.com.