Please take a moment to review our below Terms and Conditions:

1. Definitions and Interpretation

1. In these Terms and Conditions unless the context requires:

Account means the account associated with your email address.

Business Day means a day on which banking institutions generally are open in Brisbane, Queensland but excluding Saturdays, Sundays and public holidays in Brisbane, Queensland.

Buyer means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Site. A User may be both a Buyer and a Seller under these Terms and Conditions.

Intellectual Property means:

1. all intellectual property and other proprietary rights (including without limitation all copyright and trade mark rights) however arising and wherever existing, whether registered or unregistered, relating to the Site; and

2. any rights to registration of such rights created in both Australia and elsewhere.

Non-digital Job/s means a service we provide to match a Buyer with a Seller in relation to the provision of location-specific services.

Project means a job offered or awarded by a Buyer via the Site, which may include:

1. a Project listed by a Buyer;

2. a Project awarded by a Buyer; and

3. a Seller Service bought by a Buyer from a Seller.

Review means any review, comment of feedback provided to us for the purpose of providing a judgement on the satisfaction of the Buyer or Seller in regards to the engagement and delivery of a Project between the Buyer and Seller.

Seller means a User that offers and provides services or identifies as a Seller through the Site. A User may be both a Buyer and a Seller under these Terms and Conditions.

Seller Services means all services provided by a Seller on a freelance basis, including but not limited to writing, editing, project management, photography, videography, graphic design, and speaking engagements. A Seller Service may be referred to on the Site as a Package, Project, Inclusion or Collaboration.

Service/s means any services provided by Profoundry, including but not limited to marketplace and matchmaking services.

Site means the Profoundry website being www.profoundry.io.

Subscription order means the subscription to the Site.

Terms means Profoundry’s Terms and Conditions. User means an individual who visits or uses the Site. User Contract means:

1. these Terms and Conditions;
2. any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the Terms and Conditions;

3. the Project terms as awarded and accepted on the Site, to the extent not inconsistent with the Terms and Conditions; and

4. any other material incorporated by references from time to time.

2. References to “we”, “us” or “our” are references to Profoundry and its subsidiaries, associates, and officers unless otherwise stated.

2. General

3. Profoundry Trading Pty Ltd ABN 29 652 567 961 (Profoundry) owns and operates the Site.

4. The Site is an online platform where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items.

5. The Site enables Users to work together online to complete and pay for Projects, buy and sell items and to use the Services that we provide. We are not a party to any contractual agreements between the Buyer and Seller in the online venue, we merely facilitate connection between the parties.

6. The Intellectual Property of the Site is owned or licensed by us.

7. Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of, and access to the Site constitutes your agreement to these Terms and Conditions.

8. If whole or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.

9. We may, from time to time, and without notice, change or add to the Site or the information, products and services described in it. However, we do not undertake to keep the Site updated. We are not liable to you or anyone else if any error occurs in the information on the Site or if that information is not current.

3. Prices, payment and other charges

10. All references on the Site to $ and dollars are to Australian currency.

11. All pricing is exclusive of Goods and Services Tax unless otherwise indicated.

12. You acknowledge and are responsible for your tax obligations, including but not limited to, Goods and Services Tax or Value Added Tax, which may be applicable depending on the jurisdictions of the Services provided.

13. A Processing Fee may also apply for the Seller Services. These fees are in addition to quoted prices on the Site. These fees will be calculated at no more than 3% of the total cost of the project.

14. We reserve the right to change the calculation of the Processing Fee at our sole discretion and without notice to you.

15. Payment processing for Users on the Site during the early stages of the Platform’s development will be done manually, through Xero (or similar digital account-keeping service), with Buyers to be issued invoices with a payment timeframe of seven days; and Sellers required to nominate bank account details to receive payment.

As a condition of Profoundry enabling payment processing services through Xero, you agree to provide Profoundry accurate and complete information about you and your business, and you authorise Profoundry to share it and transaction information related to your use of the payment processing services provided by Xero.

16. As a Seller, you agree and acknowledge that:

3. your access to the Site is dependent on your Profoundry membership being paid and up to date by way of the annual or monthly subscription fee. We may, from time to time, and without notice, change the cost of the annual and/or monthly subscription fees, offer discounts and promotional deals, waive the costs for specific individuals, or alter the pricing structure. We are not liable to you or anyone else if these changes make the fees charged to different Users inconsistent; and

4. a 15% commission to Profoundry is payable on every Project completed through the site. This commission will be charged and deducted before your fee from the Buyer for a completed project is transferred to your account via Xero (or similar digital account-keeping service).

17. As a Buyer, you agree and acknowledge that:

5. in the early stages of the Platform’s development, on acceptance and confirmation of a Project proposal, quote or Project posting, you will be issued with a total cost price that you must agree to for the project to begin. Full payment will be required within seven (7) days of satisfactory delivery of the completed Project;

6. for larger or longer-term projects, the Seller may require periodical or milestone payments for work already completed. You will be issued individual invoices for these milestone payments which must be paid within seven (7) days for the Project to continue; 

7. if you do not authorise payment of the sum required to pay for the Seller Services by the due date then you agree that the Seller shall be entitled to cease further provision of the Seller Services;  

8. you must not pay, suggest to pay or agree to pay any sums to the Seller outside of the Site; 

9. you agree that all fees for Seller Services provided by a Seller at any time shall be paid to us. This means that if, following completion of a Project, you wish to re-engage the Seller, you shall do so only through the Site; and 

10. you agree that all fees paid for Seller Services provided by you to a Buyer at any time shall be paid to us, and we shall then pay such sums as are due to the Seller (after the deduction of Profoundry’s commission) under these Terms. This means that if following completion of a Project, a Seller agrees to provide further Services to a Buyer, you shall do so only through the Site.
    

18. Any breach of Condition 3.8(d) shall constitute a material breach of the Terms, and we shall be entitled to suspend or terminate your account and claim appropriate damages in respect of any loss suffered as a result.

4. Your obligations

19. You warrant that:

11. all information provided by you to us is complete, accurate and up to date;

12. you will comply with all relevant laws in relation to your use of the Site;

13. you may not have more than one account on the Site;

14. you will ensure that your login details (including password) are kept in a safe and secure manner;
15. you will notify us if you are or become aware that there has been unauthorised use of your account; and

16. you will advise us of any changes to your information provided to us in the registration process.

20. You agree that you will not:

17. use the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;

18. use the Site in a way that interferes with other users or customers use of the Site;

19. make fraudulent purchases, requests or enquiries through the Site;

20. impersonate another person or use their details without their permission when using the Site;

21. transmit, or post any obscene, defamatory, indecent, or pornographic material on the Site;

22. hinder the operation of the Site;

23. knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site;

24. use any spider, robot, site search and retrieval application or other mechanism to retrieve or index any portion of the site;

25. fail to deliver payment for Services or Seller Services delivered to you;

26. fail to deliver Seller Services purchased from you;

27. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Site);

28. transfer your Profoundry account (including feedback) to another party without our consent;

29. download and aggregate listings from the Site for display with listings without our express written permission, or otherwise incorporate any part of the Site into any other website without our prior written authorisation;

30. harvest or otherwise collect information about any User without their consent;

31. use Profoundry to facilitate money exchange including, but not limited to, cryptocurrency;

32. modify any part of the Site;

33. transmit spam, chain letters or other unsolicited emails;

34. use content created by artificial intelligence (A.I.), digital content creation software or any other person and claim it to be your own;

35. communicate with any other Site users outside of the Site; or

36. attempt any of the above acts or engage another person to do any of the above acts.

21. You will not use the Site if you:

37. are not able to form legally binding contracts;

38. are under the age of 16;
    
39. a person barred from receiving or rendering services under the laws of Australia or other applicable jurisdiction;

40. are suspended from using the Site; or

41. do not hold a valid email address.

22. All free user Accounts are associated with individuals. Login details should not be shared by the User with others. The individual associated with the Account will be held responsible for all actions taken by the Account, without limitation.

23. When you register on the Site you will create a password. You are responsible for keeping your password confidential. Please take precautions to protect your password and contact us immediately by email at admin@profoundry.com.au  if you believe there has been any unauthorised use of your account.

24. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.

25. Subject to your local law, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. The account holder is responsible for all actions taken by the Account, without limitation.

26. Users may provide a business name or a company name, which is associated with the User Account. Users acknowledge and agree that where a business name or company name is associated with their Account, these Terms and Conditions will be applicable with the User as an individual (not business or company). The User remains solely responsible for all activity undertaken in respect of their Account.

27. You agree that we shall be entitled to reproduce and use the User’s name and any associated logos within marketing and publicity for our business.

28. A company, corporation, trust, partnership, or non-individual entity may be a User subject to an eligible corporate account which pays the Subscription.

29. We may, at our absolute discretion, refuse to register any person or entity as a User.

30. You cannot transfer or assign any rights or obligation you have under these Terms and Conditions without prior written consent.

31. You must not post any content on the Site that:

42. is deliberately dishonest or false;

43. is obscene offensive, hateful, inflammatory, or unlawful, or promotes illegal activities, violence or hatred;

44. is discriminatory or appears to be discriminatory of any group of people including on the grounds of sex, race, age or disability;

45. includes any IP Rights that do not belong to you unless you have the written permission of the owner of such IP Rights to reproduce it on the Site;

46. includes any personal insults or attacks;

47. breaches the provisions of any law, statute or regulation including those relating to equality, privacy and data protection;

48. encourages or otherwise deliberately or recklessly involves any breach of applicable laws, regulations, codes of practice and/or guidelines; or

49. includes any contact information.
    

32. We may at our sole discretion:

50. require you to amend any content you have posted on the Site; and/or

51. remove any content you have posted on the Site at any time and without notice to you if we reasonably believe that such content breaches any part of the Terms.

5. External links

33. The Site may contain links to third-party websites not operated by Profoundry or related to Profoundry.

34. You acknowledge and agree that:

52. these links do not indicate (expressly or impliedly) that we endorse the external site or its products or services; and

53. you access those sites solely at your own risk.

35. Profoundry has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or caused by any linked site.

6. Viruses, faults and defects

36. You acknowledge and agree that:

54. Profoundry does not claim that any information or files contained on the Site are free from viruses or other defects and faults;

55. Profoundry has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information;

56. you are responsible for scanning any information and files contained on the Site, or delivered on behalf of the site via a third party, for viruses;

57. the Site is provided for information purposes only and to facilitate the matchmaking of buyers and sellers, and to arrange payment. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws;

58. we do not warrant or represent that:

1. we take any steps to ensure the Seller is aware of any requirement imposed by law or otherwise which must be satisfied to permit the Seller to provide the Services;

2. any Seller will be interested in your Projects or agree to provide Services to you;

3. we propose any particular Seller to you or provide any additional information about a Seller; or

4. we take up any references in relation to a Seller;

59. we are not responsible in any way whatsoever for any act or omission of a Seller or for the Services performed by the Seller or any failure of the Seller to perform the Services;

60. we are not responsible in any way whatsoever for any act or omission of a Buyer, including the obligation to pay any sums due;

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61. subject to Condition 6.2, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:
    
62. loss of profit, anticipated profits or business;

2. loss of data and content;

3. loss of opportunity;

4. loss of revenue or wasted expenditure;

5. loss of goodwill or reputation; and/or

6. consequential, special or incidental loss or damage (whether or not advised of the possibility of the same);

The provisions of this Condition 6.1(h) are severable.

9. we shall only be liable to you for direct losses that arise as a result of our breach of the Terms or for negligence;

10. subject to Condition 6.2, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the Processing Fee that we retained for the Services that are the subject of the claim, or where the liability does not relate to any particular Services, our liability shall in no circumstances exceed $100.

37. Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by Australian law.

38. If Profoundry is found to be liable, this will be limited to the cost of supplying the information again.

39. We try to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

7. Advertising Content

40. We may display advertising, sponsored or commercial content (collectively Advertising Content) on the Site, and you hereby agree that Profoundry may place such Advertising Content on the Site. The mode, manner and extent of the Advertising Content may change from time to time without specific notice provided to you.

41. Some Advertising Content displayed on the Site may be based on information collected from tracking technologies. These technologies are used to fine tune the Advertising Content to the Site and Services that better suit your needs.

42. We may display your company or business name, logo, images, or other media as part of the Services and/or other marketing materials relating to the Site, except where you have explicitly requested that we do not do this, and we have agreed to such request in writing.

43. You acknowledge that we may use the public description of your Projects and the content of your profile information on the Site for marketing and other related purposes.

44. You must not advertise an external website, product or service on the Site. Any website address posted on the Site must relate to a Project or Seller Service being performed on the Site unless otherwise agreed with us.

8. Intellectual Property

45. You acknowledge and agree that:

63. the copyright in the Site including but not limited to the software design, text, graphics, layout and material (the Material) on the Site are owned or licenced by us; and

64. you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, or communicate to the public the Material without prior written consent.

46. You acknowledge and agree that you must not:

65. assert any right to or over the Intellectual Property in any manner;

66. take or appropriate any Intellectual Property as your own;

67. take any action which would or might invalidate, challenge, oppose or otherwise put into dispute the title or any other legal right to the Intellectual Property;

68. use any of the Intellectual Property without writing, requesting and being provided written consent by us;

69. use any of the other Intellectual Property for third parties listed on our Site without obtaining the relevant third-party owner’s written consent; or

70. cause, permit or assist any other person directly or indirectly to do any of the above acts.

47. We do not claim ownership over your User content, however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide licence under all copyrights, trade marks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivate works based upon, publicly perform, make available and otherwise exploit such User content, in whole or in part, in all media formats known or devised and on third party sites and platforms in any number of copies, and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you and any other person or entity.

9. Communication with other Users

48. Communication with other Users on the Site must be conducted through text, audio, or video chat functionality, along with message boards, public boards, project boards, direct message and other communication channels provided on the Site.

49. You must not post your email address or any other contact information on the Site, except in the email field of the account registration form, at our request or otherwise permitted by the Site.

50. Unless you have a prior relationship with a User, you must only communicate with the User via the Site.

51. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, or other communication means.

52. In relation to video chat and audio chat, any terms agreed between any Users must be confirmed in writing using the chat or direct message function, and then through the supply of, and agreeance to, a Project quotation or Project request through the Site.

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10. Identification

53. You authorise us, directly or through a third party, to make inquiries we consider necessary to validate your identity.
54. You must, at our request:

71. provide further information to us, which may include your date of birth, and or other information that will allow us to reasonably identify you;

72. take steps to confirm ownership of your email address or financial instruments;

73. verify your information against third party databases or through other sources;

74. provide copies of identification documents (including, but not limited to, your passport or driver’s licence);

75. provide any information, including the names and contact details or professional referees, that will be used to confirm and verify your career details, work experience and capabilities; and

76. provide photographic identification holding your identification document with a sign and/or code that we provide as an additional identification verification step.

55. We reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

56. We reserve the right to terminate, close, suspend, or limit access to your Account, the Site and/or Services in the event we are unable to obtain or verify, to our satisfaction, the information which we request under these Terms and Conditions.

11. User Services

57. Upon the Buyer awarding a Project to the Seller, and the Seller’s acceptance on the Site, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver, the Seller Services.

58. You agree not to enter into any contractual provisions in conflict with these Terms and Conditions.

59. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any laws and regulations relevant to you as a Buyer or Seller, or in any uses you make on the Site.

60. If another User breaches any obligation to you, you are solely responsible for enforcing any rights you may have. Profoundry has no responsibility for enforcing any rights under a User Contract.

61. Each User acknowledges and agrees that the relationship between the Buyer and the Seller is that of an independent contractor. Nothing in these Terms and Conditions creates or in any way construes a partnership, joint venture, agency or employment relationship between each User.

62. Each User agrees that unless you reach such an agreement for the provision of the Services with a Seller, you shall keep the details of the Buyer’s Project and the Seller’s Proposal confidential and not use it for any purpose whatsoever and shall not contact them outside of the Site to circumvent the Site.

63. Each User agrees that Profoundry does not provide services directly, nor do we act as principal in any transaction, nor as agent for either party except to facilitate payments. As part of facilitating payments, Profoundry is authorised to issue quotes, invoices and statements to Buyers on behalf of Sellers.

64. Each User acknowledges and agrees that the relationship between Users and Profoundry is that of a marketplace where Buyer and Sellers exchange services. Nothing in these Terms and Conditions creates or in any way construes a partnership, joint venture, agency or employment relationship between Profoundry and any User.

12. Special Provisions for Non-digital Jobs

65. Each User acknowledges:

77. Profoundry does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Non-digital Jobs;

78. Profoundry provides matchmaking and platform services only. Users agree that Profoundry has no liability for any other aspect of service delivery or interaction between the Buyer and the Seller;

79. a User must never disclose, in any Project posted, personal details such as the User’s name, street number, phone number or the email address in any Project description for a Non-digital Job or in any other communication on the Site. These may be disclosed for Non-digital Jobs as required in private direct messages;

80. Profoundry may collect location-related data from you via technologies including but not limited to GPS, IP address location, Wi-Fi, and through other methods;

81. upon completion of a task, job, or Project, the Seller must notify the Buyer and give the Buyer access to any deliverables required as part of the Project. When satisfied with the outcome of the Project, the Buyer must, as soon as practicable, notify Profoundry to confirm the Project has been delivered to their satisfaction and the Project has been completed in order to be issued an invoice and activate the final payment to the Seller; and

82. failure to complete any Seller Services will constitute a breach of these Terms and Conditions.

13. Refunds & Cancellations

66. If Profoundry agrees to the refund, the funds will be received by the User via the same payment method/s that the User used to make the original payment to Profoundry.

67. We may refund funds to the User irrespective of whether the User has requested funds to be refunded if:

83. we are required by law or consider that we are required by law to do so;

84. we determine that refunding funds to the User will avoid any dispute or an increase in our costs;

85. we refund funds to the User in accordance with any refund policy specified by use from time to time;

86. we find out that the original payment made by the User is fraudulent;

87. the User made a duplicate payment in error; or

88. we consider, in our sole opinion, that it is likely that the refund or funds is necessary to avoid a credit card chargeback.

68. We may cancel an Order without any liability to you for that cancellation if:

89. the requested Order is not available;

90. there is an error in the price or the Order description posted on the Site; or

69. that Order has been placed in breach of these Terms and Conditions.

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70. A Buyer may cancel an Order at any time and at their own discretion.Unless otherwise specified, all risk in the Order will pass to the Buyer on purchase. From the time the risk passes to the Buyer, Profoundry will not be liable for any loss of the Order or its associated data.

71. A Seller may cancel an Order at any time and at their own discretion. In the event that a Seller cancels an Order, all money will be refunded to the Buyer, or alternatively another Seller of similar skill and experience will be engaged to complete the Project at a similar cost.

72. Refunds due to a cancellation of the order or project by the Buyer are at the discretion of the Seller. The amount to be refunded will be determined by:

91. the timing of the cancellation, taking into account work already completed; and

92. the potential loss of further income because of the Seller making themselves unavailable for hiring on other Projects by committing to the existing Project.

73. If you want to request a refund, please contact us at admin@profoundry.com.au .

14. Right to refuse Service

74. Profoundry may close, suspend, or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend, or limit your access to your Account if:

93. we determine that you have breached, or are acting in breach, of these Terms and Conditions;

94. you under-bid on any Project in an attempt to renegotiate the actual price privately, in an attempt to avoid fees;

95. we determine that you have infringed legal rights, including infringing Intellectual Property Rights;

96. we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

97. you do not respond to account verification requests;

98. you do not complete account verification when requested within 3 months of the date of request;

99. you are subject of a United Nations, Australian, European, United Kingdom, United States of America, or other applicable regime's sanctions, or our banking and payment relationships otherwise preclude us from conducting business with you;

100. any information that you provide to us is not true or we cannot verify or authenticate any such information.

101. you are in breach of any of these Terms and Conditions;

102. we receive complaints or disputes are raised in relation to your activities on the Site or otherwise;

103. to manage any risk of loss to us, a User, or any other person; or

104. for other reasons.

75. If we close your Account due to your breach of these Terms and Conditions, you may become liable for certain fees as described in these Terms and Conditions.

76. Without limitation of our other remedies, to the extent you have breached these Terms and Conditions, you must pay us all fees owed to us and reimburse us for all loss, costs and reasonable expenses (including legal fees) related to investigate such breach and collecting such fees.
77. You acknowledge and agree that:

105. the damages that we will sustain as a result of your breach of these Terms and Conditions will be substantial and will potentially include fines and other related expenses imposed on us by our Users and that those damages may be extremely difficult and impracticable to ascertain; and

106. if you breach these Terms and Conditions, we may take legal action against you to recover all losses.

78. In the event that we close your Account, you will have no claim against us in respect of such termination or suspension of your Account.

79. Following termination by us of your account you must cease to use the Site and you must not re- register on the Site under any other name.

80. You may contact us at any time via email at admin@profoundry.com.au  to terminate your account, or you can do so within your dashboard on the Site.

15. Other disputes with Users

81. You acknowledge and agree that in the event a dispute arises between you and another User in relation to any Project, you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

82. In relation to dispute with any other users of the Site, you hereby agree to indemnify Profoundry from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations, and/or for other disputes.

16. Reviews

83. Buyers and Sellers may leave a Review for each other following completion of the Services, should Profoundry make the facility available through the Site.

84. You warrant and represent that your Reviews shall:

107. be fair, genuine and honest, and properly represent your experience;

108. not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and

109. not be construed as an advertisement for your or any third party’s products, services or business.

85. We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.

86. You agree that you must not offer or receive any incentive to write a Review.

87. You grant to us a license to edit and use your Review on the Site within marketing and publicity materials for our business and to improve the functioning of the Site and monitor the activities of Site visitors.

88. A Review is not an endorsement or recommendation by us of that User, and you rely on the content of a Review at your sole discretion.

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89. Disclaimer

There may be instances where content on the Site contains errors (including typographical), inaccuracies, or omissions that may relate to the Site descriptions, pricing and availability. To the full extent permitted by law, Profoundry reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

17. Complaints

90. If you have a complaint, please contact us at admin@profoundry.com.au .

91. We will use our best endeavours to respond to your complaint within fourteen (14) Business Days.

18. Changes to Terms and Conditions

92. Profoundry reserves the right to, at any time:

110. amend, update, change or remove any part of the Site;

111. suspend or restrict your access to the Site if you are in material breach of these terms; and

112. stop or suspend operation of the Site.

93. We reserve the right to update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered Users by email with details of the change and the effective date of the change. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them.

19. Privacy

Profoundry is bound by the Privacy Act 1988 (Cth). See our Privacy Policy  for more information on how and why personal information is collected, used, held and disclosed.

20. Warranty and Liability

94. Profoundry does not warrant that its Site and Services will be suitable for any particular purpose.

95. In consideration for being given access to the Site, you release and forever discharge Profoundry, its employees, servants and agents from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether indirect, direct, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of the Profoundry, Site, Services, or any of the links provided on the Site or reliance by you or any person upon information contained or downloaded from this Site.

96. All implied warranties are excluded to the full extent permitted by law.

97. Profoundry’s liability and that of its employees, servants or agents for any breach of any warranty or condition implied by law or other, and which cannot be excluded is limited to the extent possible, at Profoundry’s option to:

113. the supply of the relevant Site and Services again;

114. restoration of any Site; or

115. payment of the cost of having the Site or Services supplied again.

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21. Severability

If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the enforceability of any other provision of these Terms and Conditions.

22. Governing Law

These Terms and Conditions will be governed, read and construed in all respects with the laws of the State of Queensland, Australia.

23. Entire Agreement

98. These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiation, agreements, written or oral, express or implied.

99. No waiver or breach of any term of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.