Terms of service.
This site is owned and operated by ARO Forecasting Pty Ltd ACN 163 237 401 on behalf of its licensees (known collectively as ARO, us or we), an independent provider of business solutions. You have been given the opportunity to become a user of this site as a client of ARO in accordance with the following Terms & Conditions (Terms).
The Terms together with our Privacy Policy are the complete terms of a legal agreement between you and ARO in relation to your access to and use of this Website and the supply of Services via the Website. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not use this Website.
ARO may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect.
If you have any questions or need clarification on any issue, please email us at info@arotarget.com
Registration
You must register a User Account to access and use the Website and Services. You must provide us with certain personal information (which may include your name, address, telephone number, credit card details and debit card details) and your current email address in order to register a User Account, upload Materials to our database and access and use the Services. We may use your notified email address to contact you or send you notifications, tax invoices, alerts and other communications from time to time. You acknowledge that we may be unable to provide you with the Services or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering a User Account or using the Website. User Accounts must be applied for using the online registration process available on the Website. An application to register a User Account constitutes an offer by you to register a User Account of the type selected and is subject to acceptance by us at our sole discretion. We will confirm acceptance to you by sending you an email or other notice confirming that your User Account has been enacted. We reserve the right to refuse an application for registration of a User Account by any person for any reason at our discretion.
Usernames and Passwords
Your User Account and the Services are accessible via a unique username and password combination. You are responsible for submitting your own username and password as part of and in accordance with the requirements of the online User Account registration process. Usernames are subject to availability and any other restrictions (including acceptable numbers and types of characters) as specified on the Website from time to time. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so. You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your password. You may authorise additional Business Users to access the Business Instance or Materials (including Materials relating to or posted by Business Users) from time to time. Business Users may be granted access to specific parts of your Business Instance, Materials and Services, at your discretion. If you give a Business User access to Materials, subject to the access permissions you specify within the capabilities of the Website, the Business User has full access to those Materials, and you have full access to all Materials which relate to them. You are solely responsible for all use of your password and for the actions of any Business User whom you have authorised and are solely liable for (and indemnify, defend and hold harmless ARO, its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by any person directly or indirectly as a result of: (i) you disclosing your password to a third party; (ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or (iii) any person’s access to or use of your Materials as a Business User. If you have any reason to believe that your data is being, or is likely to be, used in an unauthorised manner, you must change relevant user access rights and passwords without delay.
Subscription Fees
No Subscription Fees are payable with respect to a User Account during the Free Trial Period. At the end of the Free Trial Period, User Accounts are subject to payment of monthly Subscription Fees. The features of a User Account and applicable Subscription Fees from time to time are specified on the Website. Subscription Fees are payable in advance and are non-refundable except as expressly provided in these Terms. We will not continue operation of a User Account for which Subscription Fees are payable or continue providing corresponding Services until the monthly Subscription Fee in respect of the relevant User Account is received by us in full. Applicable Subscription Fees must be paid on or before the end of the Free Trial Period and then on or before the expiry of each monthly period after the date of the initial Subscription Fee payment in order to maintain your User Account. We may change Subscription Fees or add other fees from time to time by sending a notification of the change to your last notified email address at least 30 days before the changes come into effect. Subscription Fees and all other fees, charges and prices are stated on the Website in Australian dollars and are inclusive of applicable taxes. You are responsible for paying all fees and taxes (including any goods and services or similar value added taxes) in respect of your User Account and we reserve the right to charge you such applicable taxes.
Payment
Subscription Fees must be paid through the Website via the secure Stripe service provided by Stripe Australia Pty Limited (Stripe). Access to the Website and your Materials is conditional on timely payment of all Subscription Fees. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment for a particular Subscription Fee, the payment will not be processed. If the applicable Subscription Fee is not paid to us or automatically debited for any reason by the due date, we may deny you access to the Services until such time as payment of the Subscription Fee is received by us in full. All payments are processed by Stripe and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Stripe and Stripe’s own terms and conditions apply to each payment. Stripe may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by Stripe from time to time. You should ensure you are familiar with all Stripe terms and conditions before you submit any payment through Stripe. To the extent legally permitted, in no event will ARO be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with Stripe. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and Stripe.
Cancellations and suspensions
You may cancel your User Account at any time by giving us 30 days written notice. Please contact us in writing by email to cancel your User Account. We may cancel or suspend your User Account at any time immediately on notice to you if you breach these Terms (including our Privacy Policy). We may also cancel or suspend your User Account, your access to the Website and your Materials or the operation of the Website in its entirety at any time at our discretion. Upon expiry or cancellation of your User Account or your access to the Website or your Materials or cessation of operation of the Website, subject to the “retention of your information” clause below, we will: (i) immediately cease providing you with the Services; (ii) stop your access to your Materials through the Website; and (iii) delete all personal information you have provided to us or uploaded to our database for access via the Website, but we may retain and use at our discretion any information that you have provided to us that is not personal information. Please see our Privacy Policy for further information about how we collect and use your information. If you cancel your User Account for any reason or if we cancel your User Account as a result of you breaching these Terms (including our Privacy Policy), any Subscription Fees paid will not be refunded and any outstanding Subscription Fees and other fees become immediately due and payable upon cancellation. If we cancel your User Account or access to the Website or operation of the Website for any other reason and you have paid applicable Subscription Fees in respect of the period after cancellation, we will refund any Subscription Fees you have paid on a pro rata basis to a bank account notified by you for that purpose within a reasonable time of cancellation.
Retention of your information
We will retain a copy of your Materials until 30 days after the date on which your User Account expires or is cancelled for any reason or your access to the Website is terminated, whichever occurs first. On expiry or cancellation of your User Account or your access to the Website or the Materials, we will allow you 30 days to download a copy of the Materials. We may delete or destroy your Materials at any time after that date at our discretion. You are solely responsible for complying with accounting, tax and other applicable laws. You must ensure that uploading and storage of your Materials to the Website meets applicable law including data retention laws.
Intellectual property
Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, videos, the Website layout and software, is subject to copyright owned by ARO, its related entities or its Third Party Providers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Brands, names, images and logos displayed on the Website may be the subject of registered trade marks of ARO, its related entities, affiliates or Third Party Providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the Website only for your own private and business management non-commercial use and to access services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Right to upload and reproduce materials
You must not upload to our database any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with ARO’s procedures and policies in respect of uploading information and materials as specified on the Website from time to time. You warrant that you own all copyright in, or otherwise have the right to upload to our database, reproduce and permit us to reproduce, your Materials. Solely to enable us to provide the Services to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your Materials.
ISP charges
Your internet service provider may impose a connection or data charge for all Materials uploaded to or downloaded from the Website. You are responsible for informing yourself about and paying any applicable connection or data charges.
Notifications
We may send automatically generated updates, alerts, reminders or other notifications (together Notifications) to your last notified email address from time to time if you elect to receive such Notifications as part of the Services. You may elect to receive only specific types of Notifications and may deactivate any Notifications by written notice to us at any time. We will use reasonable endeavours to cease sending you Notifications within a reasonable time after receiving your written notification to deactivate Notifications. We may also cease to provide Notifications at any time at our sole discretion. You acknowledge that Notifications may include your User Account username and information regarding your business, and you consent to us including such information in Notifications and sending such Notifications to your last notified email address. If you do not agree to us including such information in Notifications, do not elect to receive Notifications.
Third Party Providers
For us to provide the Services to you, we will be required from time to time to use your Materials to access or directly link to products or services from Third Party Providers.
By registering a User Account and accessing the Services, you expressly authorise ARO as your agent for the purpose of engaging Third Party Providers to perform any actions necessary to provide the Services. You acknowledge and agree that ARO acts as your agent and not as the agent of any Third Party Provider when performing the above actions or providing the Services. You acknowledge and agree that the use of your Materials by a Third Party Provider is subject to their own privacy policies and terms and that we are not responsible for such use.
You represent and warrant that you are the owner of the Materials and are authorised to disclose the Materials to ARO.
Information on the Website
Information on this Website may change from time to time. It is not guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. You acknowledge and agree that the effectiveness of the Services may depend on the accuracy and completeness of information provided by you and of the Materials you may upload via the Website. ARO assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information, including information and Materials posted or uploaded by you. Accordingly, you should confirm the accuracy and completeness of all information and Materials before using the Services or making any decision based on information delivered by this Website.
Functions of the Website
The Website may provide various functions, resources and business management tools (including calculation, consolidation, reporting, charting) from time to time (Management Tools). Such Management Tools rely on data provided by you and Third Party Providers and make assumptions based on such data to generate information and results. The information and results generated by such Management Tools are estimates only based on available data and are not guaranteed or warranted by ARO to be accurate or reliable. The Management Tools are provided for information purposes only and should not be relied on as a substitute for professional advice. ARO does not warrant or guarantee that the Management Tools or the functions of the Management Tools are accurate or reliable, use appropriate assumptions, are fit for your particular purpose or are otherwise suitable for your use.
Technical requirements
Access to the Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. ARO gives no warranty or guarantee that access to or use of the Services will be available to all devices, and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.
Security of electronic communications
You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Although ARO uses encryption to protect data storage and transmission, ARO gives no guarantee that any electronic communication you send to us, any Notification that we send you or any data transmission you make via the Website (including uploading any Materials) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive Notifications at your own risk. In particular, by communicating with us electronically, electing to receive Notifications or transmitting data via the Website (including uploading any Materials), you accept the risk of interception of such communications, transmissions, Notifications and Materials by third parties and of non-receipt or delayed receipt of such communications, transmissions, Notifications and Materials by us and you, as applicable.
Viruses
You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website
We reserve the right to limit the volume of Materials you may upload to our database and the volume of user activity you conduct on the Website at any time. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, Trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. ARO may block/delete from the Website any material posted to the Website that ARO decides contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must use the Website for personal and business management purposes only. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to ARO for breach of contract and/or infringing applicable law. You must retain backup copies of all Materials you upload to the Website. We adopt commercially reasonable efforts to protect and preserve the Materials but accept no liability for any loss of or damage to the Materials, however caused.
No advice
ARO is not a business, financial, accounting, investment, legal, tax or other adviser. You acknowledge and agree that the Services are provided solely to assist you to manage your business and other information and do not constitute the provision of business, financial, accounting, investment, legal, tax or other advice by ARO. You should consider obtaining professional business, financial, accounting, investment, legal, tax and other applicable advice suitable to your particular business circumstances before making business decisions based on the information and results generated by the Website.
Disclaimer of warranty
Use of this Website is at your sole risk. To the extent legally permitted, all materials, information, products, programs, functions and services are provided “as is”, with no warranties or guarantees whatsoever. ARO expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, ARO does not represent or warrant that the functions within the Website will be accurate, reliable, uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by ARO not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, ARO limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at ARO’s discretion.
Limitation of liability
To the extent legally permitted, in no event will ARO be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if ARO is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and ARO’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$500.00.
Indemnity
You agree to indemnify, defend, and hold harmless ARO, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your User Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, your User Account or password.
Privacy
Your privacy is important to ARO. Further information about the collection and use of your personal information is contained in our Privacy Policy. By accessing, browsing or using this Website, or by supplying any information to ARO you acknowledge that you have read, understood, and agree with the terms of our Privacy Policy.
Notifying us
To notify us, please email us at support@arotarget.com.
Personal and Business Management Use Only
Data on this Website is provided for your personal and business management use only. You must not, without the written approval of the Website owner:
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any data from this Website;
use or attempt to use any data published on this Website to create any web site or publication;
mirror or frame any data published within this Website;
use any automated process of any sort to query, access or copy any data on this Website or generate or compile any document or database based on the data published on this Website; or
transfer or sell any data offered on this Website.
Severance
If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver
No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire agreement
These Terms and any other document referred to herein constitute the entire and only agreement between you and ARO in relation to its subject matter and replace and extinguish all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.
Force Majeure
We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
Assignment
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Relationship
Unless otherwise expressly stated in these Terms, nothing in these Terms creates or is intended to create any relationship of partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
Applicable law
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions
For the purposes of these Terms:
Business
means a business entity that is registered by a User Account to use the Services under the Terms.
Business Instance
means a copy of the Licensed Products that is licensed to you through a User Account for the purpose of enabling delivery of the Service to a Business.
Business User
means a person that has been authorised through a User Account to access and use a Business Instance. When you create a User Account you will be registered as a Business User with respect to the associated Business Instance.
Free Trial Period
means a period of 30 days, or some other period as specified in the Website, during which a Business is permitted to use a Business Instance and the Website without payment of a Subscription Fee.
Licensed Products
means software and associated materials including documentation, data, templates owned by, or licensed to us by a Third Party Provider, for the purpose of granting sub licences to Businesses and delivering Services.
Materials
means any information, data, documents or other materials that you or people authorised by you, provide us or upload to the Website from time to time for the purposes of using the Services or of us providing the Services.
Services
means the provision of business information services and any other services offered via the Website from time to time under the Terms, including automated support for forecasting, budgeting, planning, reporting and other business processes, and collating and storing business information.
Subscription Fee
means the monthly subscription fee payable in respect of a User Account. The subscription fee for a calendar month is calculated as the fee per user per month, as specified on the Website from time to time, multiplied by the number of Business Users authorised through the User Account as at the end of the preceding calendar month. The User Account may be varied by you from time to time, with differing functionality and Subscription Fees applying to the User Account, as specified on the Website from time to time.
Third Party Provider
means any third party that provides information, products or services enabling the delivery of Services.
User Account
means a user account through which you are granted a licence to access and use the Website and Services including providing and storing Materials under the Terms.
Website
means the website located at www.arotarget.com and any other application distribution platform (including mobile applications) through which ARO provides information, products and services.