1. TERMS AND CONDITIONS OF USE

    1. The website www.leadmachine.com (“Website”) is owned and operated by LeadMachine CRM Pty Ltd (“We”, “Us” or “Our”) registered under ABN 37 601 771 180. These terms and conditions (“Terms”) constitute the entire agreement (“Agreement”) between the user (“you”) and us which supersedes all prior agreements or understandings concerning the Website.

    2. By browsing, accessing or using the Website you agree to these Terms which are binding on you and govern your access to and use of LeadMachine and its Content.

    3. If you are accepting these Terms and using LeadMachine on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

    4. We may amend these Terms at any time, and it is your responsibility to review them each time you visit or make use of the Website. If you do not agree with the Terms, then you must cease viewing or using the Website. If you continue to view or use the Website, then you are deemed to have accepted these Terms as updated.

  2. ABOUT LEADMACHINE

    1. LeadMachine is a cloud based customer relations management tool, also known as CRM, that allows you to keep track of your leads and automate your business processes.

    2. Subject to you purchasing subscriptions packages, we grant you a non-exclusive, non-transferable right and license to permit Authorised Users to use LeadMachine and other associated Services during the subscription term solely for your internal business operations.

  3. USE OF SERVICES

    1. To use LeadMachine, you must be 18 years of age or over. Any LeadMachine account created in breach of this provision will be deleted by us and all associated personal information will also be removed.

    2. To access the Website, or use LeadMachine, you must have an internet connection and appropriate computer equipment. LeadMachine is provided to you via the Website and does not include the provision of a computer or any other equipment or facilities to access the Website or use LeadMachine.

    3. The Website and our Services are available internationally. You are responsible for the consequences and for compliance with all applicable laws and regulations in your country in relation to the use of LeadMachine.

    4. You agree not to harass, threaten, abuse or harm LeadMachine or other users of LeadMachine in any way.

  4. GETTING STARTED WITH LEADMACHINE

    1. You must create a LeadMachine account and once your trial has expired, you must pay the Subscription Fee before you can use LeadMachine. When creating the account, you must use a valid Google, LinkedIn or Yahoo account to authenticate your true identity. You are responsible for safeguarding the password that you use to access LeadMachine and for any tasks or actions under your LeadMachine account.

    2. Your LeadMachine account is personal to you and it must not be used by anyone else without our consent.

    3. If you are a company, then you must ensure that all users who have access to your LeadMachine account have the appropriate authority to do so.

    4. Anything done under your account will be deemed done by you including any purchase of subscription made under your account. Therefore if you suspect that your account is compromised, you must notify us immediately.

    5. Any account which is deemed abandoned in our reasonable opinion will be deleted permanently together with all user data associated with the account in accordance with our Inactive Account Policy.

  5. AUTHORISED USERS

    1. The maximum number of Authorised Users that you may authorise to access LeadMachine shall not exceed the maximum number of users allowed in the subscription package.

    2. If the number of users exceeds the allowed number of users in your subscription package, we reserve the right to charge you for the additional users.

  6. PRICE AND PAYMENT

    1. LeadMachine is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

    2. All prices specified at the Website are in United States Dollar (USD) and are inclusive of applicable tax.

    3. The Price is subject to change by us to take into account any error or omission by us or any government or statutory charges, taxes and duties.

    4. We reserve the right to change the Price at any time. Price changes will not affect subscription packages already purchased by you prior to the changes.

    5. We accept payment via Visa, MasterCard or American Express. A valid credit card must be used.

  7. RECURRING FEES

    1. Upon purchasing one of LeadMachine’s subscription packages, you authorise us to:

      1. renew your current subscription package on the date of renewal, unless you terminate the subscription before the renewal date; and
      2. automatically upgrade your subscription package or charge additional fees in the event you exceed the maximum number of Authorised Users, contacts or emails allowed in your subscription package.
    2. By continuing to use LeadMachine, you authorise us to continue to charge the Subscription Fee and any additional charges as and when they become due and payable.

    3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The service provider does not accept any liability for such loss.

  8. CONTENT AND USER DATA

    1. The Content and all data processed, transmitted or posted under your LeadMachine account (whether privately or publicly) are deemed to be the property, and under the control, of the corresponding LeadMachine account holder and you warrant that the information you provide to us is true and accurate.

    2. You are responsible for your use of LeadMachine, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. The Content must always meet the standards and comply with the requirements of the Australian Classification Board and Broadcasting Services Act 1992.

    3. You won’t import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, financially sensitive information like credit card numbers or sensitive personal information of any kind.

    4. In order to maintain high standards of our Services, we may periodically review and verify the Content you uploaded to our site and if we find that the Content (or part thereof) is false, is not compliant with any law, we have the sole discretion to:

      1. remove the contravening Content or part thereof;
      2. ask you to amend, modify and re-submit the Content; or
      3. amend or delete the Content by ourselves.
    5. We may also modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

  9. INTELLECTUAL PROPERTY

    1. You warrant that you own, or are authorised to deal with, all intellectual property rights that subsist in all user data and the Content.

    2. You grant a royalty free licence in respect of all intellectual property rights that subsist in the Content and you authorise us to:

      1. reproduce, modify, vary or otherwise deal with, the Content as we see fit and necessary for the performance of LeadMachine; and
      2. to keep an archival copy of your user data.
    3. You agree that this license includes the right for us to provide, promote, and improve LeadMachine and to make Content submitted to or through LeadMachine available to other companies, organisations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

    4. You agree to indemnify us and our agents against all cost, expenses, loss and damage suffered by us howsoever arising in respect of the use of your data and the Content for the purpose of providing you with the LeadMachine services.

    5. All right, title, and interest in and to the Services including any of the software, company data or source code provided to you under these Terms (excluding Content provided by users) are and will remain the exclusive property of our licensors or ourselves.

    6. LeadMachine is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Nothing in the Terms gives you a right to use the LeadMachine name or any of the LeadMachine trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding LeadMachine, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    7. If we receive notification from anyone that you are infringing any copyright, we will take appropriate actions including not limited to terminating, suspending and deleting your account as well as all infringing material from your account, at our sole discretion and without liability to you.

    8. If you wish to report an intellectual property infringement, please send us an email to support@leadmachine.com.

  10. SENDING EMAIL

    1. You represent and warrant that you will not use LeadMachine for the purpose of sending spam. By “spam” we mean the definition on the Spamhause website at: http://spamhaus.org/definition.html

      In short, spam means “unsolicited bulk email.” If you send people mass email without their permission, you’re spamming.

      We reserve the right to monitor all traffic to and from our web servers for indications of SPAM and to register allegations of spam abuse.

    2. You won’t put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party's rights.

    3. You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.

    4. You won’t upload or compose emails that contain or offer any illegal content, goods, or services.

    5. You won’t set up multiple accounts for any individual or entity in order to send substantially similar content, unless you’re part of a franchise.

    6. You shall abide by all the applicable laws and regulations pertaining to the sending of emails in all the applicable jurisdictions. You’re responsible for determining whether LeadMachine is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use LeadMachine, then we won't be liable if our Service doesn't meet those requirements.

    7. We reserve the right to demand proof of compliance with appropriate applicable laws and regulations pertaining to sending of emails in all the applicable jurisdictions. Failure to provide requested proof of compliance in a timely fashion shall result in termination of your account.

    8. We reserve the right to terminate or suspend the account of anyone found to be involved in the transmission of spam through LeadMachine.

  11. OTHER RESTRICTIONS

    1. When using LeadMachine you must not:

      1. access, tamper with, or use non-public areas of LeadMachine, LeadMachine’s computer systems, or the technical delivery systems of LeadMachine’s providers;
      2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
      3. reverse compile, disassemble, reverse engineer any part of the software or the Services;
      4. access or search or attempt to access or search LeadMachine by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us and only pursuant to these Terms;
      5. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use LeadMachine to send altered, deceptive or false source-identifying information; or
      6. otherwise do anything that adversely affects the integrity, or interferes with the proper working, of LeadMachine or the Website.
    2. During the course of your use of LeadMachine, you must not transmit, distribute or store any viruses or any other material that:

      1. is of a sexually explicit nature;
      2. is of a harmful or discriminatory nature;
      3. supports any type of breach of ethics, racism, discrimination, abuse and/or bullying;
      4. facilitates, supports or incites illegal task or violence;
      5. causes damage or injury to another party or property; or
      6. otherwise in contravention of the requirements of the Australian Classification Board and Broadcasting Services Act 1992, and any other laws and regulations in your country.
    3. You must not use LeadMachine and other Services for any business relating to :

      1. escort services;
      2. pharmaceutical products;
      3. gambling services or products;
      4. credit repair and get out of debt opportunities;
      5. adult novelty items or references; or
      6. nudity and/or acts of a sexual nature.
    4. The Services you subscribe to through LeadMachine cannot be on-sold to, or used by, a third party (other than the Authorised Users) without our consent.

  12. CANCELLATION

    1. You are entitled to cancel or cease the use of LeadMachine at any time. In this case, there will not be a refund of any money paid by you.

    2. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings button on the top blue navigation bar and then on the Subscription tab at the top of the page. The Subscription screen provides a simple no questions asked red button, ‘Cancel your Subscription’.

    3. All of your Content will be immediately deleted from LeadMachine upon cancellation. This information cannot be recovered once your account is cancelled.

    4. If you cancel LeadMachine pursuant to clause 12.1 then you may also be liable to pay all costs, charges or expense incurred by us up to the time of cancellation.

  13. PRIVACY POLICY

    All information about you obtained by us will be maintained in accordance with Privacy Act. Please refer to our privacy policy www.leadmachine.com/privacy-policy/ for further details.

  14. NO WARRANTIES

    1. We will use our best endeavours to ensure that the provision of Services is operable 24 hours a day, 7 days a week. However we do not warrant that LeadMachine will be free of errors or faults and we do not accept any liability for any errors or faults. In the event of an error or fault, you should report it to us immediately.

    2. We do not warrant that your use of LeadMachine will be uninterrupted and we do not warrant that any information (or messages) transmitted via LeadMachine will be transmitted accurately, reliably, in a timely manner or at all.

    3. Whilst we will use all endeavours to keep the Website secure, the internet itself is not a secure medium. Communications via the internet maybe intercepted or altered in transit. You understand that by using LeadMachine, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive, which are beyond our control. We also cannot warrant that the Website is free from anything that may cause damages to your computer or other device used to access the Website or to the data contained within that device. You must take your own precautions and relevant security measures when using the Website.

    4. The Website may contain links to other external websites which are neither under our control nor affiliated with us. Links to such websites or resources do not imply any endorsement by LeadMachine of such websites or resources or the content, products, or services available from such websites or resources. You visit and browse the content of those websites at your own risk.

  15. OUR RIGHTS

    1. We may license, sub-contract or assign to, a third party without your consent for all or any part of our rights or obligations for the purpose of providing you with the Services.

    2. If you are in breach of any of these Terms including failure to pay for the Services, we have the right to refuse dealing with you, terminate or disable your account and prevent you and your IP address from accessing the Website and using LeadMachine.

    3. Any aspect of our Website or the Services may be changed, updated, supplemented, deleted, or discontinued (temporarily or permanently) without notice to you at our discretion.

  16. LIMITED LIABILITIES

    1. You understand and agree that LeadMachine is provided to you on an "AS IS" and "AS AVAILABLE" basis. Save and except your statutory rights under the Australian Consumer Law which cannot be excluded by these terms and to the extent permitted by the law we exclude all other terms, conditions and warranties expressed or implied by statute, the common law, equity or otherwise howsoever are expressly excluded.

    2. Subject to clause 16.1, we are not liable for any loss or damage suffered by you including any consequential loss, damages or loss of profit as a result of:

      1. any delay in providing, or failing to provide, you with the Services;
      2. you accessing the Website and using LeadMachine;
      3. you accessing any third party website;
      4. you failing to keep your password confidential;
      5. any Content posted via LeadMachine by anyone;
      6. any recommendation posted on the Website by us or by anyone;
      7. loss of user data or Content;
      8. any defect in, or any failure, malfunction, breakdown or deterioration of, LeadMachine;
      9. your LeadMachine account being terminated, cancelled or deleted in accordance with clause 3.1, 4.5, 9.7 and 15.2; and
      10. your user data or Content being modified or varied in accordance with clause 8.3 and 8.4.
    3. In any event, our liability will be limited to 50% of the Price (less any refunds) you paid for LeadMachine.

  17. YOUR LIABILITIES

    1. You must indemnify us and keep us indemnified against all costs, liability, losses and claims incurred by us as a result of your breach of any of these Terms including improper use of the Website and LeadMachine by you or by anyone who gains authorised or unauthorised access from.

    2. You will be liable for and pay our legal costs on a full Solicitor/own Client indemnity basis arising from or incurred as a consequence of the breach by you including but not limited to the costs of any letters of demand or the Notices of Default and such payment is to be made to us within 7 days of receipt of an invoice from us for such costs.

  18. GENERAL PROVISIONS

    1. You may only use our bandwidth for your emails. We may throttle your sending at our discretion.

    2. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

    3. No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labour strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the Parties.

    4. Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute in relation to this agreement shall be governed by the law of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

    5. Except where this agreement expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.

    6. Any questions about these Terms should be sent to: support@leadmachine.com

  19. DEFINITIONS

    In these terms:

    Authorised
    Users
    means the individuals who are authorised to use LeadMachine under a licence granted to you when you purchase a subscription package.
    Content means any information, text, files, photos or other materials uploaded, downloaded or appearing on LeadMachine.
    Average
    Bandwidth
    Usage
    means 300MB per month or such other amount determined by us at our sole discretion from time to time.
    GST means GST within the meaning of the GST Act.
    GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    LeadMachine means the Website, CRM Software, SMS, APIs, email notifications, applications, and buttons
    Party means we or you.
    Price means the various fees including Subscription Fee and other charges applicable for LeadMachine as specified on our Website.
    Services means the provision of LeadMachine and other associated services we provide through our Website.
    Subscription
    Fee
    means a recurring monthly (or such other interval specified in the Website from time to time) fee in order for you to use LeadMachine, details of which can be found.