1. About these terms
These Terms of Service (Terms) govern access to and use of websites, mobile and web applications, software, subscriptions and related products and services provided under the Cedar+Slate™ brand (collectively, the Services).
The Services are provided by P1 Shootout Pty Ltd (ABN 87 683 900 183), trading under the registered business name Cedar & Slate and the customer-facing brand Cedar+Slate™ (Cedar+Slate, we, us or our).
These Terms are designed to apply to Cedar+Slate Services that exist now or are introduced in the future. A Service may display additional operational information, feature descriptions, pricing or notices. If we expressly state that additional terms apply to a particular Service, those additional terms form part of these Terms and prevail only to the extent of any inconsistency.
By creating an account, purchasing a subscription, clicking to accept these Terms or otherwise accessing or using a Service, you agree to these Terms. If you use a Service on behalf of an organisation, you confirm that you have authority to bind that organisation.
2. Eligibility and accounts
You must be legally capable of entering into this agreement. If you are under 18, you may use a Service only with the involvement and consent of a parent or legal guardian and where the Service permits it.
You agree to provide accurate account information, keep it reasonably current, safeguard your login details and take responsibility for activity occurring through your account. Tell us promptly at support@cedarslate.com.au if you suspect unauthorised access.
You must not share an account in a way that exceeds the permitted users or subscription scope shown for the Service.
3. The Services
Cedar+Slate develops focused digital products that may change over time. We may add, alter or remove features, release new Services, rename a Service, or discontinue a Service.
Where reasonably practicable, we will give advance notice of a material reduction or discontinuation of a paid Service and provide a reasonable opportunity to retrieve customer content. Any rights you have under the Australian Consumer Law or another applicable law remain unaffected.
We may provide beta, trial or preview features. They may be changed or withdrawn and may be less reliable than generally available features. We will identify material limitations where reasonably practicable.
4. Subscriptions, billing and renewal
Some Services require a paid subscription. The price, billing period, included features and any trial conditions will be shown before purchase.
Subscriptions may renew automatically unless cancelled before the renewal date. You can manage or cancel a subscription through the channel used to purchase it, such as Apple App Store, Google Play or a Cedar+Slate account page. Deleting an app does not necessarily cancel its subscription.
Purchases made through an app store are also subject to that store's payment and subscription terms. The store may process payments, renewals, cancellations and refunds on our behalf.
Prices may change. We will provide notice required by law or the applicable purchasing platform before a changed subscription price takes effect. Unless otherwise stated, prices are in Australian dollars and include GST where applicable.
Except where required by law or the applicable store's rules, fees already paid are not refundable merely because you changed your mind or did not use the Service. This does not limit rights or remedies that cannot lawfully be excluded.
5. Customer content
Customer content means photographs, receipts, documents, files, notes, data and other material that you upload, capture, create, store or submit through a Service.
You retain ownership of your customer content. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display, back up and otherwise use customer content only as reasonably necessary to provide, secure, support and improve the Services, comply with your instructions, and meet our legal obligations. This licence ends when the content is deleted from our active systems, subject to reasonable backup, security and legal-retention periods.
You are responsible for ensuring that:
- you have the rights and permissions needed to provide the customer content;
- your customer content and use of the Services do not infringe another person's rights or breach a law;
- you do not upload content that is malicious or intended to compromise the Services; and
- you independently comply with legal, tax, accounting and record-keeping obligations that apply to you.
6. Acceptable use
You must not:
- use a Service unlawfully, fraudulently or to harm another person;
- interfere with, overload, disrupt or attempt to bypass the security of a Service;
- access another user's account or content without authorisation;
- introduce malware or other harmful code;
- scrape, probe, reverse engineer or extract source code except to the limited extent such a restriction is prohibited by law;
- use automated means in a way that imposes an unreasonable load or contravenes instructions we provide;
- resell or commercially exploit a Service unless we have agreed in writing; or
- use a Service to infringe intellectual property, privacy or other rights.
We may investigate suspected misuse and take proportionate action, including restricting access, preserving evidence and reporting unlawful conduct where appropriate.
7. Your records and backups
We design our Services to be useful and reliable, but no digital storage system can guarantee that data will never be lost or unavailable. You should maintain any independent copies reasonably necessary for information that is critical to your legal, tax, health, safety or business obligations.
Where a Service provides an export function, you are responsible for exporting information before closing your account or when reasonably notified that a Service will be discontinued.
Our Services do not replace professional accounting, tax, legal, medical or other advice unless we expressly say otherwise. You remain responsible for decisions made using information stored in or produced by a Service.
8. Our intellectual property
We and our licensors own the Services, including their software, design, branding, documentation and other content, excluding customer content. Subject to these Terms, we give you a limited, non-exclusive, non-transferable and revocable right to use the Services for their intended purpose during the applicable access or subscription period.
Cedar+Slate names, logos and product branding may not be used without permission except as allowed by law.
If you provide feedback or suggestions, you permit us to use them without restriction or payment, but you are not required to provide feedback.
9. Third-party services
A Service may depend on or link to third-party platforms, app stores, payment processors, maps, cloud infrastructure or integrations. We do not control third-party services and are not responsible for their independent acts, content or availability. Your use of them may be governed by separate terms and privacy policies.
10. Privacy
Our handling of personal information is described in the Cedar+Slate Privacy Policy available at https://cedarslate.com.au/legal/privacy.
11. Suspension and termination
You may stop using a Service at any time. You can cancel a paid subscription through the purchasing channel and request account deletion using the options provided by the Service or by contacting us.
We may suspend or terminate access where reasonably necessary because:
- you materially or repeatedly breach these Terms;
- your use creates a security, legal or operational risk;
- payment remains overdue after reasonable notice;
- we are required to do so by law or an app-store provider; or
- we discontinue the relevant Service.
Where appropriate, we will give notice and an opportunity to remedy a breach or retrieve customer content. We may act immediately where necessary to protect users, the Services or third parties, or to comply with law.
Terms that by their nature should continue after termination remain in effect, including provisions concerning ownership, accrued payment obligations, liability and disputes.
12. Service availability and changes
We aim to provide dependable Services but do not promise uninterrupted or error-free operation. Availability may be affected by maintenance, connectivity, device conditions, third-party providers, emergencies and events beyond our reasonable control.
We may issue updates needed for security, compliance, compatibility or functionality. Some Services may cease working correctly if required updates are not installed.
Nothing in this section excludes any guarantee, warranty or remedy that cannot lawfully be excluded.
13. Australian Consumer Law
Our Services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies. These Terms do not exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
For a major failure with a Service, you may be entitled to cancel the service contract and receive a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage. If a failure is not major, you may be entitled to have the problem rectified within a reasonable time and, if it is not rectified, to cancel and obtain a refund for any unused portion.
14. Disclaimers and liability
To the maximum extent permitted by law, and subject always to section 13:
- the Services are provided on an "as available" basis;
- we do not guarantee that every Service will meet every user's requirements or that all customer content can always be recovered;
- we are not responsible for loss caused by your breach of these Terms, unlawful use, failure to maintain reasonable independent records, or a third-party service outside our reasonable control; and
- neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made.
Where the law permits us to limit a remedy for failure to comply with a guarantee, our liability is limited, at our option, to supplying the affected Service again or paying the reasonable cost of having it supplied again.
Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be limited.
15. Changes to these Terms
We may update these Terms to reflect changes to the Services, our business or the law. The current version will be published at this URL with its effective date and version number.
If a change materially affects an existing paid subscription, we will provide reasonable advance notice where practicable. By continuing to use the affected Service after the change takes effect, you accept the updated Terms. If you do not agree, you may stop using the Service and cancel your subscription, subject to rights available under applicable law.
16. Governing law and disputes
These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and courts entitled to hear appeals from them. If you are a consumer, this does not prevent you from relying on rights available under laws that apply to you and cannot be excluded.
Before starting formal proceedings, you and Cedar+Slate agree to make a reasonable attempt to resolve the dispute by contacting the other party and describing the issue and desired outcome. This does not prevent either party from seeking urgent relief or using a regulator, tribunal or other process available by law.
17. General
If part of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remainder will continue.
Our failure to enforce a provision is not a waiver. You may not transfer your rights or obligations under these Terms without our consent. We may transfer these Terms as part of a genuine sale, restructure or transfer of our business, provided this does not reduce rights that cannot lawfully be reduced.
These Terms, together with any expressly incorporated additional terms and the information shown at purchase, form the agreement between you and us concerning the Services.
18. Contact
Cedar+Slate™ / P1 Shootout Pty Ltd ABN: 87 683 900 183 Email: support@cedarslate.com.au Postal address: PO Box 802, Cannonvale QLD 4802, Australia