The Conqr platform (the Platform), located at www.app.conqr.com.au or accessible as a mobile application, is controlled and operated by Conqr Pty Ltd (ACN 661 256 024) (we, us, our, or Conqr). More information about the Platform can be found at www.conqr.com.au (Website).
The terms and conditions set out below (Terms of Use) apply to use of the Platform by consultants (Consultants, you or your). The Platform is available for you to use conditional on your acceptance of these Terms of Use.
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD STOP ACCESSING OR USING THE PLATFORM IMMEDIATELY.
We reserve the right to amend these Terms of Use at any time. Your continued use of the Platform following any change(s) to the Terms of Use shall mean that you accept such change(s) and that you will be bound by the Terms of Use as varied.
By accepting these Terms of Use, you also acknowledge that you have read our Privacy Statement available at https://conqr.com.au/privacy-policy/ and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Statement. Where required, we will provide separate notice and request your consent as referenced in the Privacy Statement.
Any questions about these Terms of Use can be directed to hello@conqr.com.au.
PLEASE CAREFULLY NOTE BEFORE READING:
Capitalised words are defined in the Definitions Section in clause 18.1 or otherwise in the body of the Terms of Use.
You must be a Registered User to use the Platform.
If you are a Consumer, the Platform Services come with Consumer Guarantees under the ACL.
If you are a Consumer, nothing in these Terms (including, without limitation, the disclaimers of liability contained in clause 11 and limitations of liability contained in clause 12) is intended to limit or exclude your Consumer Guarantees.
Subject to any rights which you may have as a Consumer or otherwise at law, your use and access of the Platform is provided on an “as is” basis and entirely at your own risk.
By accepting these Terms of Use, your ability to hold us responsible for any loss or damage that you may suffer from accessing or using the Platform may be significantly restricted.
You are solely responsible for compliance with all laws, codes and regulations applicable to your use of the Platform.
There are restrictions that apply to your use of the Platform, and there are significant consequences if you do not comply with such restrictions.
You may be required to indemnify us for certain loss or damage that we may suffer from your breaching these Terms of Use.
If you input or upload any User Content to the Platform, you provide us with a licence to use the Intellectual Property subsisting in that User Content for the purposes of providing the Platform Services to you.
Application
These Terms of Use apply to all Consultants. By visiting, viewing, browsing, accessing, creating a User Account, or otherwise using the Platform, you accept and agree to comply with these Terms of Use.
These Terms of Use comprise of this document, our Privacy Statement and such other policies that we may introduce or amend from time to time, all of which are incorporated herein by reference. We will give you reasonable notice of a new policy or changes to the Terms of Use by notifying you on the Platform. By continuing to access or use the Platform, or continuing to maintain a User Account, after we have given notice of an introduction of a policy or variation of these Terms of Use, you agree to continue to be bound by the Terms of Use as varied.
You must be 16 years old to use the Platform and to create a User Account. By accessing the Platform and/or creating a User Account, you warrant that you have legal capacity to agree and to be bound by these Terms of Use.
Description of Platform and Platform Services
The Platform is an AI-driven matching marketplace that matches consultants to businesses (Platform Services). We do not act as an agent for any Users.
For the avoidance of doubt, the Platform Services do not extend to managing your match with a business or your delivery of services to matched businesses in any way.
We reserve the right to introduce additional functions and services on the Platform and to alter existing Platform Services at any time without notice to you.
You explicitly agree that we have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by users of the Platform.
Licence to use the Platform
Subject to the terms of these Terms of Use, we agree to grant you a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to view, access and use the Platform.
We may terminate the licence provided to you under clause 4(a) when you breach these Terms of Use or for any other reason (in our sole discretion).
User Account
You must register an account as a consultant user in order to use the Platform Services (User Account). If you do not have a User Account, you will not be able to access all of the functionality of the Platform.
You must be 16 years of age or above to register a User Account.
You can register a User Account by providing us with registration details as we reasonably require from time to time.
You will be required to create a unique password to obtain access to your User Account (Password). You are solely responsible for maintaining the confidentiality of your Password and undertake not to allow the security of your User Account to be compromised through misuse of your Password. You must immediately notify us of any suspected misuse of your Password.
Without limiting any other rights which we may have to communicate with you, you agree that we may send e-mails and text messages to the nominated e-mail address and mobile number for your User Account regarding the Platform (including in relation to any updates to these Terms of Use and Privacy Statement).
We maintain the right at all times in our sole unfettered discretion and without prior notice to refuse to register, or to terminate or suspend, any User Account, and to remove access to, or suspend the use of, any specific functions associated with any User Account.
You agree to not transfer your User Account to any other person or allow access to your User Account by another person unless expressly authorised by us or these Terms of Use.
Identity Verification
We use third party service provider Veriff to verify your identity (Identity Verification). We must verify your identity via Veriff prior to granting you access to the Platform Services.
Consultants are responsible for Identity Verification and we accept no responsibility for any Loss or Claim arising out of Identity Verification.
Our processes used for Identity Verification may be modified at any time.
Subscriptions and Fees
We offer various subscriptions to Consultants (Subscriptions).
You can refer to our Website and the Platform for our current pricing for various Subscriptions (Subscription Fees). We reserve the right to vary our Subscriptions and Subscription Fees and will post changes on our Website and the Platform.
Subject to any rights a Consultant may have under clause 11, we do not provide refunds to Consultants to you where you change your mind and do not want to proceed with the Platform Services paid for as part of a Subscription.
Prior to a Subscription commencing, each Consultant must provide us with an authorised credit card (Authorised Account) to deduct Subscription Fees from. The Consultant then authorises us to automatically deduct via direct debit, the relevant Subscription Fees from the Authorised Account in advance on a monthly basis.
Consultants may cancel or change a Subscription via the settings menu on the Platform. Cancellations or changes will take effect from the next payment cycle date.
Privacy
When operating the Platform, we will collect, handle and use your Personal Information in accordance with our Privacy Statement.
By registering a User Account, you acknowledge that you have read our Privacy Statement and consent to our collection, use and disclosure of your personal information in accordance with our Privacy Statement.
Consultant Conduct
Your access to, and use of, the Platform is subject to all conditions specified in these Terms of Use. If you breach any such conditions, we will be entitled to take any reasonable action, including terminating your User Account or taking legal action against you, in our sole discretion.
You must comply, and are solely responsible for complying, with Applicable Laws when using the Platform. We are not responsible for monitoring or ensuring that you comply with all Applicable Laws when using the Platform.
You agree that you will not:
Use the Platform for any purpose that is illegal, unlawful or prohibited by these Terms of Use;
Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Platform or any Content, including (without limitation) through:
hacking or use of automated devices, scripts or bots;
destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;
reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or
other illegitimate means.
Share your log-in details to the Platform with a third party;
Contact any users of the Platform for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails;
Contact any users of the Platform for the purpose of defaming, abusing, threatening or defrauding users;
Impersonate any entity or falsely claim an affiliation with any person or entity;
Scrape or otherwise obtain any data from the Platform for any purpose or use any Content to spam third parties; or
Contribute or distribute any User Content via the Platform that infringes Applicable Laws or any other legislation or regulations of any applicable jurisdiction (including without limitation the jurisdiction in which you are using the Platform). You agree that any legal consequences arising from a claim or action for infringement of any such legislation or regulation based on contributing or distributing User Content via the Platform are your sole responsibility and you are wholly liable for such claims or actions.
You warrant that your User Content does not contain any:
Unlawful content including content that infringes Applicable Laws;
Offensive, defamatory, obscene, blasphemous, hateful, violent, bullying, discriminatory or threatening language, or content that creates a risk of personal injury or property damage or makes any threat to people or public safety;
Illegal, false, fraudulent, misleading or deceptive conduct, including but not limited to blackmail, extortion, financial or personal scams and attempts to impersonate others;
Content that infringes the personal or proprietary rights of others, including but not limited to Intellectual Property rights and rights to privacy; or
Spam, publicity or promotion of commercial activities or commercial content not specifically authorised by us with our prior written consent.
You are solely responsible for any uploading or sharing of User Content on the Platform. By uploading or distributing User Content to the Platform, you must not infringe the rights (including Intellectual Property rights) of any other User or third party or act in a way that constitutes a breach of any agreement you may have with any person. Subject to clause 12, we are not responsible or liable for any User Content that is uploaded to, shared via, displayed on or transmitted via the Platform that does not comply with these Terms of Use.
You warrant to us that you have the full capacity to provide the warranties regarding User Content set out in this clause 9 and elsewhere in these Terms of Use.
Intellectual Property
The Intellectual Property subsisting in any aspect of the Platform including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyright, compilations, algorithms, source code, video recordings and audio recordings, as well as the structure, layout, user interface and “look and feel” of the Platform, but excluding User Content (Platform IP), is exclusively owned and controlled by us and/or our third party affiliates, licensors and/or licensees, and is protected by Australian and international law governing intellectual property rights. The Platform IP remains our exclusive property throughout the world in perpetuity.
You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Platform IP unless you have express prior written authorisation from us. Any unauthorised use of Platform IP by Users is strictly prohibited.
Subject to the rights granted to us under clause 10(d), you will retain exclusive ownership and/or control of any Intellectual Property subsisting in any User Content which you share via, or submit or upload to, the Platform.
As a condition of using the Platform, you hereby grant to us a perpetual, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, non-revocable, unlimited, worldwide licence to reproduce, exploit, use, copy, reproduce, process, adapt, modify, publish, transmit, communicate to the public, display and distribute any User Content, in any and all media, at our sole discretion.
Consumer Guarantees and Disclaimers
Where you acquire our Platform Services as a Consumer, we will provide our Platform Services to you in accordance with any Consumer Guarantees under the ACL. Nothing in these Terms of Use overrides, excludes, limits or otherwise restricts any Consumer Guarantees applicable to you under the ACL, to the extent that they do, this clause will prevail.
Subject to clause 11(a), and to the extent permitted by law:
We do not guarantee or warrant that the Platform Services will be suitable or fit for any particular purpose, including the purpose for which the Platform Services are ordinarily provided;
We do not guarantee or warrant that access to and use of the Platform will be uninterrupted and fault-free at all times;
We otherwise exclude any term, condition or warranty that may otherwise be implied into these Terms of Use or otherwise relating to our Platform Services; and
The Platform may integrate with or host hyperlinks to third party web services, or host third party information or content within the Platform. All third party content hosted on the Platform is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein. We are not responsible for any material contained on third party web services that is hosted on the Platform in any way, and any dealings between you and third parties is your sole responsibility.
Liability
Our liability to you for any Loss or Claim suffered as a result of you using the Platform including where we fail to comply with any Consumer Guarantees in relation to the Platform Services is limited at our election to the resupply of the Platform Services for a period equivalent to the period of the breach, or payment of the cost of resupply of the Platform Services for that period.
Subject to clause 11(a), clause 12(a) and to the extent permitted by law, us and our Representatives exclude, and you hereby release us and our Representatives from, all liability (whether arising under these Terms of Use, tort, negligence, statute or in any other way) for all Loss and Clams of any kind whatsoever directly or indirectly sustained by you in relation to any of the following matters (Platform Matters):
Your use of, or inability to use, the Platform;
A failure by you or another User to comply with the Terms of Use or any Applicable Laws;
Any failure by us or other third parties to provide any information, service, feature or functionality via the Platform;
Any unauthorised submission of information to the Platform;
Statements or conduct of any third party using the Platform;
Use of third-party services in conjunction with the Platform by you;
Any communication or interaction between Users via the Platform, whether online or offline;
Any User Content that is uploaded, submitted, or otherwise appears, via the Platform;
Where you fail to comply with any Applicable Laws when using the Platform;
Anything outside the reasonable control of us or any User which impacts the use of the Platform, including without limitation natural disasters, acts of God, pandemics, epidemics, equipment or infrastructure failure, civil riots, war (including cyber attacks), strikes, data breaches, viruses or malicious code.
To the extent that any limitations of liability contained in these Terms of Use are ineffective or if any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our total aggregate liability to you is capped at the total monies you have paid to us via the Platform in the 12 month period prior to the limitation being ineffective or warranty not being able to be excluded.
Indemnity
As a further condition of using the Platform, you must indemnify us and our Representatives against all direct, quantifiable and reasonable Loss suffered by us and/or our Representative (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms of Use, or otherwise from your use of Platform or the Platform Services.
Consultants may consider obtaining and maintaining the necessary amount of insurance cover (including but not limited to public liability insurance) appropriate to his or her obligations under these Terms of Use and Applicable Laws, or otherwise as required by law.
Termination
We may terminate or suspend your access to the Platform at any time, at our sole discretion and without notice to you effective immediately if we have reason to believe that you have failed to comply with these Terms of Use. For any other reason, we will give you 14 days’ prior written notice.
You may terminate these Terms of Use by ceasing to use the Platform and closing your User Account via the settings menu on the Platform.
Upon termination, you will no longer have access to the functionality of the Platform that requires a User Account. We will be under no obligation to store the User Content contributed through your User Account or provide you with further access to such User Content.
Notwithstanding clauses 14(a) to 14(c):
Any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Statement may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Statement;
We may store any User Content on our servers at our discretion, whereby our rights under clause 10(d) will continue in perpetuity; and
If terminate or suspend your access to the Platform under 14(a), subject to clause 11(a) and to the full extent permitted by law, you will not be entitled to a refund for any for Subscription Fees already paid by you to us.
Jurisdiction and Choice of Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Terms of Use will be resolved exclusively in the courts of Victoria, Australia, and where applicable, the Federal Court of Australia or Federal Circuit of Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
Complaints and Dispute Resolution
We expressly disclaim any responsibility or liability in relation to any disputes with other Users. Despite this, we may, but we are not obliged to, investigate, assist or involve ourselves in such disputes, at the specific request of a User. In the event that we investigate, assist or otherwise involve ourselves, any Users involved in the dispute will jointly and severally indemnify us against any and all costs and expenses incurred by us in relation to our investigation, assistance or involvement of the dispute.
Users may report inappropriate or infringing User Content on the Platform or other breaches of these Terms of Use or Applicable Laws by other Users to us. All Users agree to in good faith, assist us, provide us with the information that we require, and do such other things reasonably necessary to enable us to investigate the complaint and to take appropriate action to enforce these Terms.
Miscellaneous
All prices shown on our Platform and Website are in Australian dollars and exclusive of GST. All prices are subject to change.
We reserve the right to perform maintenance of the Platform (whereby the functionality of the Platform may not be accessible for a certain period of time) without notice to you.
From time to time, we may run promotions or offer discounts or benefits to any one or more Users subject to additional terms and conditions which shall prevail in the event of any inconsistency over these Terms of Use. We reserve the right to offer, withdraw, change, cancel or determine the eligibility for any such promotions, discounts or benefits.
If we are involved in a sale, merger or other restructuring, we may need to assign our position under these Terms of Use to a third party, which we will have the right to do so at our sole discretion. We will also have the right to assign our position under these Terms of Use in other circumstances with your written consent. You may assign your position under these Terms of Use to a third party with our prior written consent.
The rights and obligations under these Terms of Use, which by their nature would reasonably continue beyond the expiration of termination of these Terms of Use, will survive the expiration of termination of these Terms of Use.
In the event that any one or more of the provisions contained in these Terms of Use would, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use and these Terms of Use shall be construed as if such provisions had never been contained herein.
The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.
Definitions and Interpretation
Definitions
The following definitions apply in these Terms of Use: ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth). Applicable Laws means any and all applicable laws, statutes, regulations, instruments, codes and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over use of the Platform by Consultants. Claim mean any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Consumer is a Consumer as defined under the ACL. Content means all content on the Platform including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings. GST is as defined in GST Act; GST Act means A New Tax System (Goods and Services) Act 1999 (Cth); and GST Laws means the GST Act and all related subsidiary regulations. Intellectual Property means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade marks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967). Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis). Personal Information means any information or opinion which can reasonably identify an individual. Platform Services means the services listed in clause 3(a) and any subsidiary services provided by us via or in relation to the Platform from time to time. Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time. Privacy Statement means the Privacy Statement for the Platform as amended or updated from time to time, a copy of which can be found on the following webpage: https://conqr.com.au/privacy-policy/. Representatives means our directors, officers, contractors, employees, consultants, or other affiliates. Subscription and Subscription Fee is defined in clause 7(a). Users includes any user of the Platform, including businesses searching for Consultants. User Account has the meaning provided in clause 5(a). User Content means any Content shared via, or submitted or uploaded to, the Platform by a Consultant.
Interpretation
In these Terms of Use, except where the context otherwise requires:
The singular includes the plural and vice versa;
Words such as including or for example do not limit the meaning of the words preceding them;
A reference to a document includes the document as assigned, novated, altered, supplemented or replaced from time to time;
A reference to any party to these Terms and Conditions, includes that party’s executors, administrators, successors and permitted assigns and substitutes;
A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactment or replacements of any of them;
A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and
An obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally.
Comments Leaving comments: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media Uploading Images: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Who we share your data with If you request a password reset, your IP address will be included in the reset email.
How long we retain your data If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
