We grant you a licence to access and use DataSafe Sign for your business purposes on the basis of the Terms and Conditions. This is a non-exclusive licence and you cannot transfer it.

DataSafe Sign includes a paid service (the “e-Signing Service”) that enables the electronic signing of an electronic document (“Electronic Document”) and messages relating to the electronic signing (“e-Signing Messages”).

The e-Signing Service may not be available in all jurisdictions. You must not use the e-Signing Service if it would be unlawful in the jurisdiction where you use it.

The e-Signing Service does not make us a party to any Electronic Document.

You are solely responsible for the content of an Electronic Document and any e-Signing Messages (collectively, “User Content”). We do not have access to, or control of, User Content unless you specifically request us.

You grant us a licence to use the User Content solely to provide the e-Signing Service and to comply with laws.

We do not verify or endorse any User Content but may reject, move, edit, or remove User Content at our discretion, if it does not comply with these Terms and Conditions or laws or we find it objectionable.

We do not represent or warrant that the e-Signing Service will be legally effective for the execution of Electronic Documents.

We are not responsible for deciding how long Electronic Documents should be retained, and we do not have any obligation to produce User Content to third parties (except as required by law).

Some consumer protection laws have special rules for electronic transactions with consumers, including getting their consent and providing paper records. We are not responsible for identifying whether a transaction involves a consumer, getting or tracking consumer consent, providing information about consent, reviewing or updating legal disclosures, providing paper copies, or following any special consumer protection requirements. You must comply with those rules and requirements.

If you are a business then you agree that the person who is nominated to us as the administrator for the business has the authority to instruct us on the use of the e-Signing Service.

We offer different plans for paying for the e-Signing Service, including per-use and subscription plans. The fees applicable will be notified to you in writing or be published on our website.

By starting a subscription, you agree to recurring charges that include your subscription fee, applicable taxes, and any other service charges. These charges will continue until your subscription ends.

The features and options available for the e-Signing Service may depend on the plan that you have chosen. Our website publishes the features and options for standard plans. For other plans (“Enterprise Plans”), the features and options will be notified to you in writing when you subscribe to the plan.

The price and features of plans may change. We aim to give advance notice of significant changes where practicable.

You must pay all fees as required for your plan. All payments are non-refundable unless specifically stated in these Terms and Conditions. We will bill you in advance for subscription plans, while per-use charges will be billed when you use the e-Signing Service.

When you use the e-Signing Service, you must provide valid payment information through a credit or debit card. You must keep your billing information current.

If your payment method fails, you agree to pay the amount due when requested and we are authorised to charge you a monthly late payment fee.

You must reimburse us for any costs we incur when collecting overdue payments, including legal fees.

We will provide your billing statements in our standard format. You should review your bills carefully. We may correct billing errors even after payment, You should report any billing issues to us as soon as possible.

Unless it is an Enterprise Plan, you can cancel a plan at any time using our website. Termination rights for Enterprise Plans will be as agreed with you.

All copyright, trademarks (including the registered trademark DataSafe Applications Pty Ltd No. 2440784) and all other intellectual property rights in DataSafe Sign and its content (including without limitation the pages screens, information and material) and all software and source codes connected with DataSafe Sign ("Intellectual Property") is owned by or licensed to DataSafe Sign or its related companies unless otherwise noted. Any use of the Intellectual Property without our express permission is prohibited. You can copy material for your own personal use, but you must not republish, copy, reproduce, transmit, distribute, sell, modify, adapt or use any part of DataSafe Sign in any other way, without our permission.

Our Privacy Policy available at https://datasafesign.com/privacy_policy.html forms part of the Terms and Conditions. We will collect, hold, use and disclose personal information for the purposes of DataSafe Sign in accordance with our Privacy Policy. You agree to us acting this way.

You warrant that your disclosure of personal information that is disclosed to us complies with all applicable privacy laws.

You agree that you will not use DataSafe Sign for any purpose that is unlawful and that your use will comply with all relevant laws and regulations.

You must not:

• Use DataSafe Sign to send junk email, spam or chain letters or engage in unlawful marketing such as pyramid schemes.
• Collect information of third parties by automated means (such as robots, spiders or scrapers) without permission.
• Transmit or upload any material that contains viruses or any other harmful code.
• Breach any laws or any copyright, patent, trade secret or other intellectual property, proprietary or privacy rights of any other party, or post any content that is copyright protected without the copyright owner’s written permission to use it.
• Interfere with, impair or disrupt DataSafe Sign, or attempt to gain unauthorised access to any accounts, systems, services or information.
• Restrict or inhibit any users from using or enjoying DataSafe Sign.
• Post or supply from DataSafe Sign for any public use any content that is false, inaccurate, misleading, defamatory, discriminatory, racist, threatening, obscene, offensive, graphic, pornographic, indecent, fraudulent or unlawful material.
• Misrepresent yourself, any person or organisation.

The security of your information is very important to us. We regularly review developments in security and encryption technologies.

We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and unauthorised access, modification or disclosure.

If we no longer require your information, and we are legally permitted to, we will take all reasonable steps to destroy or de-identify the information.

You understand that any message or information you send using DataSafe Sign may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

We may immediately suspend your use of DataSafe Sign, disconnect your subscription and take legal action in cases where DataSafe Sign is used by you in breach of these Terms and Conditions.

Acting reasonably to protect you, or our legitimate interests, we may at any time:

• modify, suspend or discontinue any services on DataSafe Sign;
• remove, modify, edit or supplement any content on DataSafe Sign; or
• terminate or suspend a user’s access to DataSafe Sign.

We do not have to give notice but we will give notice where reasonably practicable.

The liability and indemnity provisions provided in these Terms and Conditions will survive termination.

You are responsible for your use of DataSafe Sign. DataSafe Sign is provided at your own risk.

While we have used best endeavours to ensure that the information provided in DataSafe Sign is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in that information.

To the extent permitted by law, all content and services on or available through DataSafe Sign is provided on an 'as is' basis and we do not make any representation or give any warranty or guarantee in respect of DataSafe Sign or its content. We do not:

• make a representation or warranty of any kind as to the operation of DataSafe Sign, your access to DataSafe Sign or the result from your access, or the information, content, material or products in DataSafe Sign; or
• guarantee that the functions in DataSafe Sign will not be uninterrupted by any defects or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms and Conditions limits or excludes the consumer protections provided under the Competition and Consumer Act (Cth) or consumer protection laws in the States and Territories of Australia, including any consumer guarantees and implied warranties (“Consumer Protections”).

Subject to any Consumer Protections that cannot be excluded, we exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to:

• the use, inability to use, or performance of DataSafe Sign;
• any information, content, material, products or services made available via DataSafe Sign, including any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of DataSafe Sign; and
• any damage to any computer or device.

Subject to any Consumer Protections that cannot be excluded, we will not be liable or responsible for:

• any failure to perform, or delay in the performance of DataSafe Sign;
• DataSafe Sign not meeting your individual requirements;
• defects or errors in DataSafe Sign;
• any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or mobile device, data or proprietary material due to your use of DataSafe Sign; or
• loss or damage caused by a third party accessing your DataSafe Sign account as a result of your failure to ensure the security of access from your computer or mobile device.

You agree to indemnify and keep us, our affiliated companies and officers, employees, agents and contractors indemnified from any claim, liability, loss, damage, cost (including legal fees) or expense which we may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with your use of DataSafe Sign, the breach by you of these Terms and Conditions, or the infringement by you of any intellectual property or other right of any person or entity in connection with DataSafe Sign.

These Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.

If we do not enforce any right or provision of these Terms and Conditions, this will not be deemed a waiver of such right or provision.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

If any term of these Terms and Conditions is subject to legislation on unfair contract terms, a party may only exercise its rights under a term which gives an advantage to that party to the extent (if any) reasonably necessary to protect its legitimate interests (unless the term would not cause a significant imbalance in the parties’ rights and obligations under these Terms and Conditions or it would not cause detriment to the other party if the term was applied or relied on).

DataSafe Sign may provide links or references to other sites or services originating from other companies, individuals or organisations. We do not make any warranties or representations about these services or endorse their websites or services. We are not responsible for the content or operation those websites or services and will not be liable for any damage or injury relating to access or use of those websites or services. Your link to any off-site pages is entirely at your own risk.

You agree to receive all DataSafe Sign communications electronically, which may be by email, text, in-app notifications, or through our website. You accept that these electronic communications meet any legal requirements for written notice, and you will keep your account contact information up to date.

If you have any questions, comments, feedback, or want to report any breaches of these Terms and Conditions, we would like to hear from you. Please contact us as follows:

Business Address (Notices Only): PO Box 929 Oxenford QLD 4210

We take all matters very seriously and we shall respond to any concerns with you directly and in a prompt manner.

Acting reasonably, we may update these Terms and Conditions from time to time. Updates will be posted on our site with the revision date. By continuing to use DataSafe Sign after updates take effect, you accept the new terms.