COMUNiQ Terms and Conditions

Welcome to COMUNiQ. These Terms and Conditions (“Terms”) govern your access to and use of the COMUNiQ website, platform, and services (collectively, the “Service”). The Service is provided by Bare Media Group (“COMUNiQ,” “we,” “us,” or “our”).

By creating an account or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you are agreeing to these Terms for that organisation and warranting that you have the authority to bind that organisation to these Terms.

1. Definitions

• “Client”, “you”, or “your” refers to the individual or organisation that registers for and uses the Service.
• “Client Data” means all data, including but not limited to Personal Information of End-Users, that you upload, transmit, or process through the Service.
• “End-User” means any individual who receives Communications from you through our Service.
• “Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trademarks, and patents.

2. The Service

COMUNiQ provides a self-service Communications Platform as a Service (CPaaS) that enables Clients to send urgent, compliance-critical, and marketing Communications across multiple channels, including but not limited to email, SMS, direct mail, print, voice, and fax.

The Service is provided on a month-to-month, pay-per-use basis. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service in accordance with these Terms.

3. Client Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your account password and accept all risks of unauthorised access to your account.
• Promptly notify us if you discover or suspect any security breaches related to the Service or your account.
• Be solely responsible for all activities that occur under your account.

4. Client Responsibilities and Acceptable Use

a) Compliance with Laws: You agree to use the Service in compliance with all applicable laws and regulations, including but not limited to the Australian Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), and any industry-specific regulations relevant to your organisation.

b) Client Data and Content: You are solely responsible for the accuracy, content, legality, and quality of your Client Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to upload and process the Client Data through our Service.

c) Prohibited Use: You may not use the Service to send or store any content that:

• Is unlawful, harassing, defamatory, abusive, threatening, obscene, or otherwise objectionable.
• Infringes upon the intellectual property rights of any third party.
• Constitutes “spam” or unsolicited commercial Communications in violation of applicable laws.
• Contains software viruses, worms, or other harmful computer code, files, or programs.
• Is intended to phish, perpetrate a fraud, or otherwise mislead recipients.

d) No Strategic Advice: You acknowledge that COMUNiQ is a technology platform provider. We do not provide legal, strategic, or compliance advice. You are solely responsible for your Communication strategies and for ensuring the content of your Communications is legally compliant.

5. Fees and Payment

a) Fees: You agree to pay all fees associated with your use of the Service based on our current pricing, which is subject to change. Fees are charged on a pay-per-use basis. You will be provided with an instant quote before you approve and send any Communication.

b) Payment: You must provide a valid payment method. You authorise us to charge your payment method for all applicable fees. All fees are exclusive of taxes, such as GST, which you are responsible for paying.

c) Non-Payment: If we are unable to process payment, we may suspend or terminate your access to the Service.

6. Intellectual Property Rights

a) Our Intellectual Property: We and our licensors own all right, title, and interest, including all related Intellectual Property Rights, in and to the Service and its underlying technology. These Terms do not grant you any rights to use our company names, logos, or trademarks.

b) Your Intellectual Property: You retain all ownership rights to your Client Data. You grant us a worldwide, non-exclusive, royalty-free license to use, host, reproduce, and transmit your Client Data solely for the purpose of providing and improving the Service.

7. Privacy and Data

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge that you have read the Privacy Policy and agree to its terms. You are the “Data Controller” of your Client Data, and we act as your “Data Processor.”

8. Confidentiality

Each party agrees to treat the other’s Confidential Information with the same degree of care that it uses to protect its own confidential information. Confidential Information will not be disclosed to any third party except as necessary to fulfill obligations under these Terms or as required by law.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THE DELIVERY OF YOUR COMMUNICATIONS, AS DELIVERY IS DEPENDENT ON THE PERFORMANCE OF THIRD-PARTY CARRIERS AND NETWORKS BEYOND OUR CONTROL.

10. Indemnification

You agree to indemnify, defend, and hold harmless COMUNiQ and its affiliates, officers, agents, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms.
• Your Client Data.
• Your use of the Service in violation of any applicable law or regulation.
• Your violation of any rights of a third party, including any End-User.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMUNiQ, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL AGGREGATE LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12. Term and Termination

These Terms will remain in effect until terminated.

• Termination by You: You may terminate your account at any time by following the instructions within the Service.
• Termination by Us: We may suspend or terminate your access to the Service at any time, with or without cause, including for non-payment or breach of these Terms.

Upon termination, your right to use the Service will immediately cease. We will delete your Client Data in accordance with our data retention policies. All provisions of these Terms which by their nature should survive termination shall survive termination.

13. General Provisions

a. Governing Law: These Terms shall be governed by the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

b. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and COMUNiQ concerning the Service.

c. Changes to Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with notice, such as by sending an email or displaying a prominent notice within the Service. Your continued use of the Service after such notice constitutes your acceptance of the changes.

d. Contact Information: If you have any questions about these Terms, please contact us at info@comuniq.io