Terms of Service - CartonRun

The CartonRun platform will be made available to authorised and subscribed users as per the terms and conditions of the platform.

The Platform

The website www.CartonRun.com.au, and mobile applications, (collectively "Platform") is owned, operated, and controlled by Zithera Group Pty Ltd ACN 648 689 169, trading as Zithera Consulting...

• The Platform is provided and operated by Zithera to allow NDIS Plan Managers to maintain and manage Participants NDIS plan and process invoices. CartonRun may also refer to the services, website, mobile applications, content, products, or any other services provided by CartonRun (collectively “Services”).
• By opening an account to use the Services provided by CartonRun, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions displayed on the Platform (including without limitation our Privacy Policy and AML-CTF Policy) as they apply from time to time.
• We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
• We may amend, modify, add to, or delete these Terms of Use at our discretion and those amendments, modifications, additions, or deletions apply to your use of the Platform and Services as soon as they are displayed on the Platform (whether you are aware of those amendments, modifications, additions, or deletions). All subsequent transactions by you will be subject to the amended and most current Terms of Use.
• Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by CartonRun are limited to the following jurisdiction: Australia.

Your Obligations

• You warrant to us that you are a bona fide user of CartonRun’s Platform and Services for the purposes of managing the NDIS plans on behalf of your Participants.
• You must not:
  • Engage in any restricted or criminal activities, including but not limited to:
    • Terrorist Financing;
    • Money Laundering;
    • Malicious Hacking;
  • Knowingly or recklessly provide us with inaccurate information through the Platform.
  • Use CartonRun’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
  • Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
  • Interfere with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
  • Use this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
  • Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on CartonRun’s Platform and Services;
  • Use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
  • Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
  • Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
  • Collect or store personal data about other users of the Platform; or
  • Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.
• Any user of CartonRun’s Platform who violates or breaches our Terms of Use may have their membership and account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by CartonRun or any other user of the Platform.
• CartonRun encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us on +61 452 519 169. If you notify us in good faith, we will not restrict your use of our Platform or Services.

Termination

CartonRun may suspend, limit, restrict, deactivate or terminate your access to CartonRun’s Platform and Services if:

You gain or attempt to gain unauthorised access to the Platform or another CartonRun members account;

There is a technical or operational difficulty;

You use the CartonRun Platform in order to perform illegal or criminal activities;

Your use of the CartonRun Platform is subject to any pending investigation, litigation or government proceeding;

You fail to pay or fraudulently pay for any transactions;

We are unable to support your use;

You breach any terms of this Terms of Use Agreement or Privacy Policy; or

CartonRun receive a request from a law enforcement or government agency to do so.

Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless CartonRun (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:

• your conduct and use of our Platform and Services;
• your breach of these Terms of Use, CartonRun’s Privacy Policy and/or AML-CTF Policy;
• your breach of any law, regulation or rule;
• your violation or breach of CartonRun’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
• any information that you provide to us via our Platform and Services; or
• any damage that you may cause to our Platform and Services, to any CartonRun user or any other person or entity.

This indemnity includes without limitation, liability relating to intellectual property rights, defamation, and breaches of privacy.

Liability

To the maximum extent permitted by law, CartonRun does not guarantee the quality, performance or fitness for purpose of the Platform and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Services and CartonRun will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Services or the use of or reliance on information contained on or linked to the Platform and Services.

Use of our Platform and Services

The transmission of information over the Internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means.

• Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
• You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.
• We cannot guarantee the identity of any other user, receiver or other party you engage with.
• You must notify CartonRun immediately of any unauthorised access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.
• We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.
• All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms of Use or elsewhere on the Platform.
• This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.
• All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.
• Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.
• Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.

General

The Terms of Use published on the date you view them on the Platform supersede all prior versions.

• If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.
• If we are unable to perform our Services as stipulated in the Terms of Use due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.
• These Terms of Use are governed by the laws of the State of New South Wales and in the event that we have a legal dispute relating to this Platform or these Website Terms and Conditions, the Courts of New South Wales will have non-exclusive jurisdiction.

Availability

The CartonRun platform will be available for you to use 24 hours a day unless updates or patches are applied on the platform. In this case prior notifications will be sent out and system will be upgraded during the time that’s the least busy to avoid any service obstructions to you and your participants.

Complaints and Enquiries

If you have any queries or complaints about this Privacy Statement, please lodge them to us using the email and phone options below:

• By email info@cartonrun.com.au
• By phone on +61 452 519 169

• Any complaints will be responded to within seven days. If you are not satisfied with the outcome you are entitled to contact the office of the privacy commissioner.

CartonRun acknowledges the traditional owners of the land throughout Australia, and their continuing connection to land, sea, and community. We respect and support their Spiritual, Physical, Economical, Mental and Emotional relationship with their Country. We pay our respects to them and their cultures, and to elders both past and present.