Our Legal T&Cs
Both are designed to be easy to read documents which explain the terms under which you agree to use our Application and any Products and Services we offer, and the policy and procedures we will follow to protect your important personal information.
We apologise for the length of each document, which is necessary to ensure everything is clearly spelt out. Please take the time to read as these terms are important. Feel free to submit any comments or questions to us by electronic mail to firstname.lastname@example.org or via mail to Scout Technologies Pty Ltd: Level 1, 507 Kent Street, Sydney, NSW, Australia 2000
GetScoutApp Terms and Conditions of Use
- Thank you for using the Application www.getscoutapp.com (Application), and our products and services offered via the Application. The Application is owned and operated by Scout Technologies Pty Ltd of Level 1, 507 Kent Street, Sydney, NSW, Australia 2000. For the avoidance of doubt, our Products and Services comprise products and services we offer via the Application. Our Products and Services do not include retail products and services listed or advertised on our Application or offered by merchants through our Application, which are offered direct from the merchants and subject to terms and conditions applied by merchants.
- By accessing the Application or using our Products and Services, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully as they include important information and set out what we agree to be responsible for and what we require of you. If you do not agree to all of these Terms and Conditions, please do not use the Application or our Products and Services.
- These Terms and Conditions may be modified from time to time and you should regularly review them. It is your responsibility to check the Site for updates to these Terms and Conditions. Any updates will apply from the date that the updated Terms and Conditions were placed on the Site. If you continue to use the Application you will be deemed to have accepted any update to the Terms and Conditions and if you do not agree to any update, you must immediately notify us.
- Your continued use of the Application and our Products and Services constitutes your agreement to these Terms and Conditions and any modifications to them.
Use and Eligibility
- The Application and our Products and Services are only intended for individuals who can form legally binding contracts. By using the Application or our Products and/or Services you are representing and warranting that you are over 18 years of age and able to enter into contracts.
- You must use the Application and our Products and Services in accordance with any policies we apply from time to time and in accordance with all laws and regulations. You must not misuse the Application or Products or Services. In particular, you must not use the Application or our Products and Services to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application;
(c) attempt to gain unauthorised access to the Application or computer systems or networks connected to the Application through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the the Privacy Act 1988 (Cth); or
(f) collect or store data about other users or merchants, including e-mail addresses or to access, monitor or copy any content or information using any robot, spider, scraper or other automated means.
- Your use of the Application and of our Products and Services does not give you ownership of any intellectual property rights in our Application, Products or Services or the content you access. You may not use content from our Application, Products or Services unless you obtain permission or as otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our Application or in our Products or Services.
- Our Application, displays some content that is not ours. That content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so you should not assume that we do.
- We reserve the right to deny you access to, or use of, all or part of the Application or any of our Products or Services, without prior notice, if you engage in any conduct that we believe, in our sole discretion, violates these Terms and Conditions or our rights or the rights of third parties.
Links and Advertising
- The Application and our Products and Services provides a number of services to allow you to compare and shop for your desired retail products and services offered by third parties and the Application may also contain advertisements for retail products and/or services of third parties.
- No retail products or services are directly sold by us to consumers through the Application or through our Products or Services. We are not acting as an agent for any party, merchant or supplier and we do not sell, re-sell or licence any retail products or services listed. Neither Scout Technologies Pty Ltd nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the retail products or services that may be advertised, described or linked from the Application, nor do they offer the retail goods or services for sale or make any other representation whatsoever about them. If you choose to order a retail product or service advertised by a third party via the Application, you do so at your own risk and subject to the terms of sale applied by the third party.
- Neither Scout Technologies Pty Ltd nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party Applications which may be linked to or from the Application or through the Products or Services. You acknowledge that you enter any third party Applications at your own risk and that we are not responsible for third party Applications and conduct.
Content and Reviews
- To the extent permitted by law, we make no warranty in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Application or Related Applications or the availability of users to complete a transaction with third parties (see Warranties below).
Software made available to you
- Any software made available to you through the Application or Related Site is the copyrighted work of us or our suppliers and partners. Your use of the software is governed by the terms of the end user licence agreement (if any) which accompanies or is included with the software. For any software made available that is not accompanied by licence terms, we grant to you a limited, personal, non-transferable licence to use the software for viewing and otherwise using the Application, our Products and Services and for no other purpose.
- Our privacy policies explain how we treat your personal data and protect your privacy when you use our Application, Related Applications, Products and Services. By using our Application, Related Applications, Products and Services, you agree that we can use such data in accordance with our privacy policies.
- You agree to indemnify, defend, and hold harmless Scout Technologies Pty Ltd, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Application, any Related Applications or any of our Product or Services or from your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
Disclaimer of Warranties and Limitation of Liability
- We provide the Application, Related Site and our Products and Services using reasonable commercial judgement. But there are certain things that we cannot promise about our Application, Related Site and, Products or Services.
- Subject only to clause 8.3 below:
8.2.1 this Application, Related Site and our Products and Services are provided by Scout Technologies Pty Ltd on an “as is” basis without any express or implied warranty of any kind;
8.2.2 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Application may be intercepted, used or modified by third parties;
8.2.3 Scout Technologies Pty Ltd does not warrant that access to or use of this Application, Related Applications, our Products or Services will be uninterrupted or error free or free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
8.2.4 Scout Technologies Pty Ltd does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or fitness for purpose of: our Products or Services; any material on or accessible through the Application or Related Applications; or the Content, software, text, graphics, links, or communications provided on or through the use of the Application, Related Applications or our Products or Services;
8.2.5 Scout Technologies Pty Ltd may change any of the material on the Application or Related Applications at any time without notice;
8.2.6 Scout Technologies Pty Ltd makes no commitment to update any material on the Application or Related Applications;
8.2.7 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Application or Related Applications;
8.2.8 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Application, Related Applications and our Products or Services or the material on or accessible through the Application, Related Applications or through our Products or Services; and
8.2.9 in no event shall Scout Technologies Pty Ltd be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
(a) access to, or use of, or delay or inability to use this Application, the Related Applications our Products or Services , or any information contained in this Application or Related Applications; or
(b) the availability or accuracy of third party websites.
- Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Scout Technologies Pty Ltd, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of us, to:
8.3.1 in the case of services, the supply of the services again, or the payment of having the services resupplied; and
8.3.2 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
- Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
- These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without Scout Technologies Pty Ltd You agree that Scout Technologies Pty Ltd may automatically assign this agreement to a third party.
- Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
- These Terms and Conditions constitute the entire agreement between you and us with respect to this Application, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Application.
- Scout Technologies Pty Ltd shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Scout Technologies Pty Ltd, including any form of technological failure or the actions of third parties.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- The failure by Scout Technologies Pty Ltd to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Scout Technologies Pty Ltd in respect of any existing or subsequent breach of these Terms and Conditions.
Thank you for your cooperation. We hope you find the Application, our Related Applications and our Products and Services helpful for locating the right products and services! Questions or comments regarding this Application should be directed by electronic mail to email@example.com or via mail to Scout Technologies Pty Ltd at:
Level 1, 507 Kent Street, Sydney, NSW, Australia 2000.