DNC Australia Terms of Service
DNC Australia checks Phone & Fax numbers in Salesforce by washing them against the ACMA (Australian Communications and Media Authority) Do Not Call Register, to help organisations comply with Australian telemarketing laws.
The DNC Package is listed on the Salesforce AppExchange. The package is provided by Beyond Words Collective Pty Ltd (ACN 702 069 798) (Beyond Words Collective). Use of the package is subject to this Terms of Service (TOS) as well as Beyond Words Collective’s Privacy Policy, both of which are incorporated into this TOS.
When you use the package, you agree that you have read, understood, and are making an offer to Beyond Words Collective to be bound by the terms and conditions contained herein. The offer made by the Subscriber in these terms and conditions applies from the time that Beyond Words Collective accepts the Subscriber’s offer by charging their nominated credit card until the Subscriber discontinues access to the Package.
1.1 Definitions
Package a Salesforce package installable into a compatible Salesforce org.
Salesforce Org means a Salesforce instance.
1.2 General
To use the Package provided by Beyond Words Collective you must create, purchase or otherwise obtain a Salesforce Org. After creating a Salesforce Org and agreeing to be bound by the terms and conditions contained in this TOS, Subscribers must install the DNC Package in order for their phone and fax numbers to be checked.
Under no circumstances will Beyond Words Collective be liable for any DNC Violations because of misconfiguration of the tool or due to a failure in the donotcall.gov.au web service. Please contact info@beyondwordscollective.com.au if you are unsure or need further assistance with configuring the tool.
1.3 Refund Policy
(a) We are happy to provide a refund within the first thirty (30) days of creating an Account, if you are unable to get the Package to work properly or if the Package fails to perform the basic functions as designed and you have worked with the support team to resolve these issues.
(b) Refunds will be granted at the sole discretion of Beyond Words Collective. No automatic refunds will be given after thirty (30) days from the initial purchase.
1.4 Changes to the Package
(a) Beyond Words Collective may at its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Package, temporarily or permanently, at any time. Due to the nature of Salesforce packages, Subscribers may choose not to upgrade, but will not benefit from any future developments.
(b) Further, the use of our Package is contingent on being able to connect to the donotcall.gov.au web service. We are not responsible should we be denied access to those third-party systems.
1.5 Communications with Beyond Words Collective
All notices and other communications required under this TOS should be directed to Beyond Words Collective at info@beyondwordscollective.com.au. Notice is deemed given twenty-four (24) hours after the notice is sent. Alternatively, we may give Subscribers notice by mail to the address provided during the Account registration process. In this case, notice is deemed given three (3) days after the date the electronic email is sent.
1.6 Privacy Policy
(a) In using the Website and the Package, Subscribers are deemed to accept the terms and conditions of our Privacy Policy.
(b) In using the Package, Beyond Words Collective will store your donotcall.gov.au username and password. We keep this information solely for the purpose of providing the Package. This information is not provided to any third party.
1.7 Limitation of liability
(a) Subscribers use the Package at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained herein.
(b) Beyond Words Collective makes the Package available for Subscribers to use, however we do not assume a duty of care to Subscribers. Subscribers are solely responsible for the data integrity of the data held in the Data Hub.
(c) Beyond Words Collective makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Package to wash their phone and fax numbers.
(d) Whilst we use our best endeavours to ensure that the Package works according to the purpose for which you have subscribed, Beyond Words Collective does not warrant or represent that use of the Package will not result in the Subscriber receiving a Violation complaint or fine.
(e) Where any law implies a warranty into these TOS which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Package again, or the payment of the cost of having it supplied again.
(f) Where liability cannot be excluded, any liability incurred in relation to the use of the Website or the Data is limited as provided under the Competition and Consumer Act 2010 (Cth).
(g) Under no circumstances will Beyond Words Collective be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the Package.
2. Miscellaneous provisions
2.1 Changes to these Terms of Service
We may change the TOS at our discretion by providing notice on our Website.
2.2 Entire agreement
This TOS and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between the Subscriber and Beyond Words Collective. Any contact with Beyond Words Collective’s officers, agents or authorised representatives that includes any statements, representations, or warranties (if any), whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties, are merged and otherwise excluded and cancelled by those contained in this Terms of Service.
2.3 Indemnity
By using the Package, Subscribers indemnify Beyond Words Collective and our respective officers, agents and authorised representatives against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of: (i) a breach of this TOS; (ii) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by the Package; (iii) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trade mark.
2.4 Jurisdiction
Subscriber Accounts irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia. A dispute between the parties to this agreement will be heard by a Court in this jurisdiction.
2.5 No Agency, Partnership or Joint Venture
The parties to this Agreement contract at arm’s length. Nothing contained herein is to be deemed as creating, giving effect to or otherwise recognising a relationship of partnership, agency, joint venture or other form of relationship between the parties.
2.6 Severance
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the agreement and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
2.7 Waiver
If we do not act in relation to a particular breach by a Subscriber of these Terms and Conditions, this will not be treated as a waiver of Beyond Words Collective’s right to act with respect to subsequent or similar breaches.
Beyond Words Collective Pty Ltd · ACN 702 069 798 · 22 Tuckett Rd, Salisbury, QLD 4107, Australia
info@beyondwordscollective.com.au · 0428 770 301