CentreOS

CentreOS Subscription Terms

1. About these terms

CentreOS ("we", "us") provides the CentreOS service to shopping centres and similar properties. "You" means the business named in your Order.

Your Order is the quote or email that confirms your centre, your plan and your price. These terms and your Order are the agreement between us. If they disagree about your plan or your price, your Order wins. On everything else, these terms win.

You accept this agreement when you accept your Order, pay an invoice or start using the service, whichever comes first.

Our business details, including our ABN, are on every invoice. For questions, email support@centreos.com.au.

2. The service

CentreOS gives your centre a reporting site. Tenants use it to send reports, promotions and ideas to centre management, and management uses it to track them. We set it up, host it and support it. Your Order says what your plan includes.

Setup covers the things in your Order, such as putting your branding on the site, loading your tenant list and producing PIN cards.

Your users are the people you let use the service: managers, team members, and the shops that report to you and their staff.

While this agreement is in place, we give you and your users a right to use the service for your centre's operations. We can give the same right to others.

You must not copy the service, reverse engineer it, resell it, or try to break or overload it. You must not use it for anything unlawful or abusive, or upload content you have no right to share.

3. Your account and users

Logins. Managers and team members each have their own login. A login is personal. Keep your password secret and do not share it. Tell us straight away if you think a login has been misused. Remove a person's access (or ask us to) when they leave.

PIN cards. Each shop signs in with a PIN, which its staff share by design. You are responsible for giving each card to the right shop. A PIN works like a key. If a card is lost, or goes to the wrong person, ask us to issue a new PIN. The old PIN stops working when the new one is issued.

Your users. You are responsible for your users' use of the service in line with these terms.

Information you load. You confirm that you may give us the information you load into the service, such as tenant staff email addresses.

4. Fees and payment

Your Order sets out a one-off setup fee and a monthly fee. Our prices are in Australian dollars. We are not registered for GST, so we do not charge GST.

We invoice the setup fee and the first month's fee when your centre's site is ready to use. After that, we invoice each month's fee in advance. You must pay each invoice within 14 days of the date we email it.

The monthly fee is month to month. There is no minimum term.

Invoice questions. If you think an invoice is wrong, tell us before it is due. We will sort it out. While we do, you only need to pay the part you do not dispute.

Late payment. If an invoice is not paid by its due date, we will email you a reminder. If it is still unpaid, we will give you at least 14 days' notice by email before we suspend your access to the service. Once you pay what is overdue, we restore access. Suspending your access does not delete your data, and you still owe the overdue amount.

Refunds. Fees are non-refundable. The only exception: if we end this agreement when you haven't breached it, or you end it because we seriously breached it, we refund any monthly fee you've paid for time after the end date.

Changes to prices are covered in clause 8.

5. Your data

"Your data" means the reports, photos, videos, notices, shop and tenant details and user accounts that you and your users put into the service.

Ownership. Your data belongs to you, not to us. We hold it so the service works. We do not sell it. We use it only to run, secure and improve the service.

Our licence. You give us a licence to use, copy, transmit, store and back up your data, to email it to your users and to have it translated. We use this licence to run, secure and improve the service for you.

Getting a copy. While you are a customer, managers can download reports as a spreadsheet at any time. On request, we will also give you the photos and videos and the list of shop email addresses, within a reasonable time. After you cancel, we will provide them within the 30-day download window below.

When you cancel. You have 30 days from the date your cancellation takes effect to download your data. We then delete it from our live systems within a further 30 days.

What deletion does not reach. Deletion does not reach four things. Server logs and analytics, which are kept until their own periods end. Copies of emails we have already sent, including copies in our own mailbox. Records of enquiries held by our website form service. Records the law requires us to keep, such as invoices.

6. Privacy and security

Our Privacy Policy (centreos.com.au/privacy.html) explains what personal information we handle in the service, who else handles it and where it is stored. We keep that list up to date.

Your data is stored in Sydney, Australia. Our Privacy Policy names the services that handle some of it elsewhere, for example email, translation, server logs and usage analytics.

We keep your data confidential. Our providers handle some of it for us, as listed in our Privacy Policy. We do not share it with anyone else unless the law requires it.

We take reasonable steps to protect your data from misuse, interference and loss, and from unauthorised access, changes or disclosure. No system is completely secure, and we cannot guarantee security.

If we become aware that your data has been accessed without authority in a way that is likely to cause serious harm, we will tell you without unreasonable delay.

7. Availability and support

We aim to keep the service available, but we do not promise it will always be available or free of errors. It may be unavailable at times for maintenance, or because of things outside our control, such as a failure of a hosting or email provider.

Support is by email at support@centreos.com.au. We aim to reply to support emails within 2 business days.

We back up the database every day and keep each backup for 7 days. We keep a deleted photo for 7 days. Backups are only for recovering the service if something goes wrong, and they are not an archive. We do not promise any particular recovery.

You can also download your own records at any time, but you do not have to.

8. Changes

We may change our prices or these terms. We will email you at least 30 days before a change starts.

You can cancel before the change starts, and you pay the old price until then. If you do not cancel, the change applies from the start date in our email.

9. Cancelling and ending

You can cancel at any time by emailing support@centreos.com.au. Your cancellation takes effect 30 days after we receive your email, or on a later date you choose. There is no minimum term and no cancellation fee.

You pay the monthly fee for each month that starts before your cancellation takes effect. Refunds are covered in clause 4.

We can also end this agreement by giving you 30 days' notice by email.

Either of us can end this agreement by email if the other seriously breaches it and does not fix the problem within 14 days of being told.

When this agreement ends, clause 5 explains what happens to your data. Amounts owing up to the end date stay payable. Clauses 4 (Refunds), 5, 10 and 11 continue after the agreement ends.

10. Liability

To the extent the law allows:

(a) Each of us limits its total liability to the other. The limit is the greater of two amounts: the fees paid or payable under this agreement in the 12 months before the day the claim is made, and $500. This does not limit your obligation to pay fees.

(b) Neither of us is liable to the other for indirect or consequential loss. This means loss that follows on from the problem rather than coming directly from it, such as lost profit, lost business, lost revenue, lost goodwill or lost savings.

(c) Nothing in this clause limits liability for fraud or wilful misconduct, or for anything the law does not let us limit.

(d) The Australian Consumer Law gives you rights and remedies that cannot be excluded. Nothing in this agreement limits them.

11. General

Governing law. This agreement is governed by the laws of Queensland, Australia. Either of us can bring a dispute in the courts of Queensland.

Notices. We give you notices by email to the address in your Order or your manager account. You give us notices by email to support@centreos.com.au. An email counts as received on the next business day after it is sent, unless the sender gets a delivery failure message. A business day is a weekday that is not a public holiday in New South Wales.

Whole agreement. This agreement is these terms and your Order. It replaces anything we said or wrote earlier about the same things.

Parts that do not work. If part of this agreement cannot be enforced, the rest still applies.

Transfer. Neither of us may transfer this agreement to someone else without the other's written consent, which must not be unreasonably withheld. We may transfer this agreement to a business that takes over CentreOS. We will tell you by email, and you can cancel under clause 9.