BrandRead.i.y Terms of Service
Your attention is drawn to the following key terms:
A.
To the extent permitted by law, all Charges are non-refundable.
B.
You are responsible for the acts and omissions of your users of the Services as if they were your own acts or omissions.
C.
Subject to certain exclusions, you acknowledge and agree that we are not responsible for your use of the Services or any actions you take or conclusions you reach based on your use of the Services.
D.
Important limitations and disclaimers in relation to the Services are set out in clause 8.
E.
Important limitations of each party's liability are set out in clause 9.
These Terms were most recently updated on 1 April 2025.
1.Who we are and how to contact us
1.1.
We are Brandreadiy Pty Ltd ACN 608 082 533 of PO Box 84, Maroubra, NSW 2035 (we, us and our).
1.2.
To contact us, please click here and get in touch.
2.
Understanding these Terms
2.1.
These terms and conditions (Terms) apply to the order by you, and supply by us, of our products and services (Services).
2.2.
We use bold text in these Terms to identify where a word has been given a specific meaning. For example, you and your refer to the party that accepts these Terms.
3.Placing an order and its acceptance
3.1.
Typically, you place an order for our Services using our website (Order). Sometimes we might require you to complete an Order in a different way.
3.2.
Our acceptance of your Order takes place when we communicate our acceptance (for example, via the portal on our website).At that point, a contract comprising these Terms and that Order between you and us will come into existence (Contract). The Contract will relate only to those Services confirmed in that Order.
4.Your obligations
4.1.
It is your responsibility to ensure that:
(a)
the terms of your Order are complete and accurate;
(b)
you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to be provided; and
(c)
you comply with all applicable laws in relation to your use of the Services.
4.2.
You are responsible for all use of the Services, and must ensure that no person uses the Services:
(a)
in breach of this Contract;
(b)
for any purpose other than your internal business;
(c)
in a manner that breaks any law or infringes any person’s rights;
(d)
in any way that damages, interferes with or interrupts the supply of the Services;
(e)
to transmit, publish, communicate, view or create any material that is or may be defamatory, offensive, menacing, unwanted, obscene, illegal or unlawful;
(f)
in a way that infringes any third party’s intellectual property rights; or
(g)
in a way that disrupts, misuses or excessively uses our (or any of our third-party service provider’s) hardware, bandwidth access, storage space or our (or any of our third-party service provider’s) other resources.
4.3.
Additionally, you must not:
(a)
permit any third party to access the Services;
(b)
lease, sublicence, resell or otherwise distribute Services or content from the Services;
(c)
create derivative works based on any Service or our website;
(d)
copy, frame or mirror any part or content of any Service or our website;
(e)
reverse engineer any Service or our website; or
(f)
access any Service or our website in order to:
(i)
build a competitive product or service, or
(ii)
copy any features, functions or graphics of any Service or our website;
and must ensure that no person does any of the acts described in clause 4.3(a) to 4.3(f).
4.4.
You are responsible for the acts and omissions of your users of the Services as if they were your own acts or omissions.
5.Charges
5.1
In consideration of us providing the Services, you must pay our charges (Charges) in accordance with this clause 8.
5.2
The Charges are the prices set out in the Order or are otherwise as displayed on our website.
5.3
Unless otherwise expressly stated, our Charges are exclusive of goods and services tax (GST). Where GST is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
5.4
Payment for the Services is in advance.
5.5
To the extent permitted by law, payments are non-refundable.
6.Intellectual property rights
6.1.
All intellectual property rights in or arising out of or in connection with the Services will be owned by us (or our licensors).
6.2.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence to access the Services specified in your Order for the purpose of receiving and using those Services in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 6.2.
6.3.
You grant us a fully paid-up, non-exclusive, royalty-free, worldwide, non-transferable licence to copy and modify any materials provided by you to us for the purpose of providing the Services to you.
7.Privacy
7.1.
We may use any personal information you provide to us to:
(a)
provide the Services;
(b)
process your payment for the Services;
(c)
inform you about similar products or services, but you may stop receiving this information at any time by contacting us; and
(d)
as provided for in our Privacy Policy which is available here.
7.2.
Each party agrees to comply with its obligations under the Privacy Act 1988 (Cth) and any other legislation affecting privacy, personal information or the collection, handling, storage, processing, use or disclosure of data to the extent that such legislation applies to that party in connection with performance of this Contract (Privacy Laws).
7.3.
You agree to procure all permissions and make all disclosures necessary to allow us to obtain, use and disclose the Personal Information (as that term is used in the Privacy Act 1988 (Cth)) that you and any of your users provide or make available to us in the course of this Contract, for the purpose of this Contract (and any other purpose set out in our Privacy Policy).
8.
Limitations and disclaimers
8.1.Subject to clause 9.4 and to the extent permitted by law:
(a)
You acknowledge and agree that:
(i)
We are not responsible for your use of the Services or any actions you take or conclusions you reach based on your use of the Services.
(ii)
The Services rely on data provided by third parties (such as IP Australia) and we are not responsible for verifying any information provided by those third parties or for the accuracy of that information.
(b)
We do not guarantee that the Services, or any services provided in connection to the Service, will always be available, uninterrupted, or be error-free.
(c)
The Services are provided on an "as is" and "as available" basis, and (except as set out in these Terms) we make no representations or warranties, express or implied, regarding the operation or availability of the Services.
(d)
Without limiting the generality of clauses 8.1(a) and 8.1(c), we do not warrant that the Services will meet your requirements, will operate in any combination that may be selected for use by you, or in combination with other software.
(e)
We may change the content of the Services from time to time.
(f)
We do not warrant that all software errors, defects, or inefficiencies will be corrected, and we do not assume any liability for failure to correct any such errors, defects, or inefficiencies.
(g)
We make no warranty, and you assume the entire risk, as to the capabilities, suitability, use, or performance of any Services under this Contract.
8.2.
Among other things, the operation and availability of the systems used for accessing the Services, including computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Subject to clause 9.4, we are not responsible or liable for any of these failures.
8.3.
Subject to clause 9.4 and to the extent permitted by applicable law, we exclude all express, statutory, and implied conditions, guarantees, and warranties in relation to any Services other than the warranties expressly set out in this Contract.
8.4.
The Services are directed to users who are at least 18 years old and are residing in and accessing the Services within Australia. We do not represent that the Services are appropriate for use or available in other locations. If you access the Services from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to you accessing the Services from your location.
8.5.
This clause 8.5 will only apply to the extent you use artificial intelligence (AI) features of our products and services. Without limiting any other limitations or disclaimers in relation to our products and services, AI features may produce inaccuracies or errors due to the inherent limitations of these technologies. We make no warranty or guarantee as to the accuracy, completeness, or reliability of AI features or their outputs and do not accept any liability or responsibility for any loss, liability, damages, or expenses arising in any way from or in connection with your use of, or reliance on, AI features or their outputs. You should not rely upon any factual assertions in any output of AI features without checking their accuracy. In using AI features, you acknowledge that any input may be shared with third-party service providers in order to provide the AI features, and these service providers may also use that input to provide their services.
9Limitation of liability
9.1.
Nothing in this Contract limits or excludes a party’s liability:
(a)
for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
(b)
where liability cannot be limited or excluded by applicable law.
9.2.
Subject to clause 9.1, a party will not be liable to the other, whether in contract, tort (including negligence) or otherwise, for any special, indirect, or consequential loss arising under or in connection with this Contract, including any:loss of profits; loss of sales or business; loss of production; of agreements or contracts; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill; loss of reputation; loss of use or corruption of software, data, or information.
9.3.
Subject to clause 9.1, the maximum aggregate liability of either party for any loss, damage, or injury arising out of or in connection with this Contract, including any breach of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law, or on any other basis is limited to the actual Charges payable by you under this Contract.
9.4.
Nothing in this Contract is intended to have the effect of excluding, restricting, or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) , or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
9.5.
If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option:
(a)
in the case of services, the resupply of the services or the payment of the cost of resupply; and
(b)
in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
9.6.
This clause 9 will survive termination of the Contract.
10.Confidentiality
10.1.
We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients, or suppliers, except as permitted by clause 10.2.
10.2.
We each may disclose the other's confidential information:
(a)
where the information is in the public domain as at the date of this Contract (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on either of us);
(b)
if either of us is required to disclose the information by applicable law or the rules of any recognised stock exchange or other document with statutory content requirements, provided that the recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c)
where the disclosure is expressly permitted under this Contract;
(d)
if disclosure is made to our respective officers, employees, and professional advisers to the extent necessary to enable either of us to properly perform our obligations under this Contract, in which case we each must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e)
where the disclosure is required for use in legal proceedings regarding this Contract; or
(f)
if the party to whom the information relates has consented in writing before the disclosure.
10.3.
Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations and enjoying our respective rights under the Contract.
10.4.
This clause 10 will survive termination or expiry of the Contract.
11.General
11.1.
Termination or expiry of this Contract does not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination or expiry.
11.2.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
11.3.
We may engage subcontractors to provide any part of the Services.
11.4.
Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power, or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power, or remedy.
11.5.
We may assign or transfer our rights and obligations under the Contract to another entity.
11.6.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
11.7.
If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This clause does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.
11.8.
The Contract is between you and us. No other person has any rights to enforce any of its terms.
11.9.
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in the Contract. To the extent permitted by law, no other terms are implied by trade, custom, practice, or course of dealing.
11.10.
These terms and conditions, their subject matter, and their formation, are governed by New South Wales law. You and we both agree that the courts in Sydney, Australia will have exclusive jurisdiction.
