Terms of Service

These Terms of Service (“Terms”) are an agreement between Get Me Referrals (operated by AUTOMATECORE PTY LTD, ABN 40 684 872 820) (“we”, “us”) and the organisation that creates a workspace (the “Customer”, “you”). They govern access to and use of the Get Me Referrals website, applications and APIs (the “Service”).

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of an organisation, you confirm that you are authorised to bind it. You must be at least 18 years old. Our Privacy Policy forms part of these Terms.

• Users — people the Customer allows to access its workspace, including employees, contractors and partners.
• Customer Data — information submitted to the Service by or for the Customer, including details of people being referred, notes and files.
• Subscription — the plan, billing period and features the Customer has chosen.
• Documentation — our published help and API documentation.

• You are responsible for your Users, for everything done under your workspace, and for keeping credentials and API keys confidential.
• Each User must have their own login. Don’t share passwords or embed API keys in public code.
• Tell us promptly if you suspect unauthorised access to your account.
• You must give us accurate account and billing information and keep it up to date.

• Plans. Our plans and prices are described on our pricing page. The free Starter plan may have usage or feature limits.
• Payment. Paid Subscriptions are billed in advance, monthly or annually, through our payment processor Stripe. Prices are in Australian dollars and exclude GST unless stated; GST and any other applicable taxes are added at checkout.
• Renewal. Subscriptions renew automatically for the same billing period until cancelled. You can cancel at any time from the billing portal; cancellation takes effect at the end of the current period.
• Changes. Upgrades take effect when payment is confirmed. We may change prices on at least 30 days’ notice; new prices apply from your next renewal.
• Vouchers. Promotional codes apply only as stated, can’t be exchanged for cash and may be withdrawn for misuse.
• Late payment. If a payment fails, we will tell you and may suspend paid features or the account if the amount remains unpaid 14 days after notice.
• Refunds. Fees are non-refundable except where required by law or these Terms, including under the Australian Consumer Law.

You own your Customer Data. You grant us a limited licence to host, copy, process and display it only as needed to provide, secure and support the Service, and as required by law. We will not sell Customer Data or use it to market to the people it describes.

You are responsible for Customer Data and for how you collect it. In particular, you confirm that:

• you have a lawful basis, and where required consent, to collect each referred person’s details and to share them through the Service;
• you give people the privacy notices required by law, including under the Privacy Act 1988 (Cth);
• any messages you send using the Service comply with the Spam Act 2003 (Cth) and similar laws; and
• you will not submit sensitive information (such as health information) unless it is necessary, lawful and you have the required consent.

We handle Customer Data in line with our Privacy Policy, using appropriate security measures, and we will tell you without undue delay if we become aware of a data breach affecting your Customer Data. We use service providers (sub-processors) to run the Service, as listed in our Privacy Policy, and remain responsible for them.

You must not, and must not allow anyone to:

• use the Service for anything unlawful, deceptive or harmful, or to infringe anyone’s rights;
• submit people’s details without a lawful basis, or send unsolicited commercial messages;
• upload malware, or content that is defamatory, harassing or otherwise objectionable;
• attempt to access another customer’s data, or bypass security, rate limits or usage restrictions;
• probe, scan or load-test the Service without our written permission (good-faith security reports through our security form are welcome);
• copy, resell, frame, scrape or reverse engineer the Service, except as the law expressly permits;
• use the Service to build a competing product.

We may remove content or suspend access that breaches this section, acting proportionately and, where practical, after telling you.

You may use our APIs and webhooks in line with the Documentation and any rate limits. API keys are confidential and you are responsible for activity under them. If you connect a third-party service (for example a CRM, payment provider or messaging service), its own terms apply to it, and you authorise us to exchange data with it as you configure. We are not responsible for third-party services.

We and our licensors own the Service, including its software, design and content. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right for your Users to use the Service for your internal business purposes during your Subscription. If you send us feedback, we may use it without obligation to you.

We work to keep the Service available, secure and performing well, and we provide support by email and through our support form. We may carry out maintenance, which we will try to schedule to minimise disruption, and we may improve or change features. If we remove a feature that is material to your paid Subscription, we will give you reasonable notice and you may cancel and receive a pro-rata refund of prepaid fees for the unused period.

Each party must keep the other’s non-public information confidential, use it only to perform these Terms, and protect it with reasonable care. This does not apply to information that is public, already known, independently developed or lawfully received from someone else, or that must be disclosed by law.

• You may stop using the Service and cancel your Subscription at any time.
• We may suspend or terminate your access if you materially breach these Terms and don’t fix the breach within 14 days of notice, if fees are overdue as described above, or immediately where needed to prevent harm, fraud or a security risk, or to comply with law.
• When your account ends, your right to use the Service stops. For 30 days afterwards you may ask us to provide an export of your Customer Data. After that period we will delete or de-identify Customer Data within a reasonable time, except where the law requires us to keep it.

Sections that by their nature should survive termination (including fees owed, confidentiality, liability and governing law) continue to apply.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term implied or imposed by the Australian Consumer Law or other legislation, that cannot lawfully be excluded (“Non-excludable Rights”).

Except for Non-excludable Rights and as expressly stated in these Terms, the Service is provided “as is”, and we do not guarantee that it will be uninterrupted or error-free. Where our liability for failing to comply with a consumer guarantee can lawfully be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

To the maximum extent permitted by law and subject to Non-excludable Rights:

• neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data (except our obligations to protect Customer Data);
• each party’s total liability arising out of or in connection with these Terms is limited to the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim (or AUD $100 if no fees were payable).

These limits do not apply to a party’s liability for fraud, wilful misconduct, breach of confidentiality, or the Customer’s obligation to pay fees.

You will indemnify us against third-party claims, and related reasonable costs, arising from Customer Data you submit without the necessary rights or consent, or from your breach of the Acceptable use section, except to the extent we caused the loss.

We may update these Terms. For material changes we will give account holders at least 30 days’ notice by email or in the Service. If you don’t agree to a change, you may cancel before it takes effect and receive a pro-rata refund of prepaid fees for the unused period. Continuing to use the Service after a change takes effect means you accept it.

• These Terms are governed by the laws of the State of Western Australia, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
• Before starting proceedings (other than for urgent relief), each party will try to resolve a dispute in good faith by negotiation for at least 30 days.
• Neither party is liable for delays caused by events beyond its reasonable control.
• You may not assign these Terms without our consent. We may assign them to a successor of our business, with notice to you.
• If any provision is invalid, it is read down or severed and the rest continues in force. A failure to enforce a right is not a waiver.
• These Terms, together with any order form or written agreement signed by both parties, are the entire agreement about the Service. A signed agreement prevails if it conflicts with these Terms.
• We may give notices by email to the account owner or in the Service. You may give notices to us using our contact form or by email.

Questions about these Terms? Contact us or email hello@getmereferrals.com.

AUTOMATECORE PTY LTD, ABN 40 684 872 820