These Terms and Conditions (“Agreement") govern your participation as a merchant in the Automated email and SMS marketing program (“Program") provided by Deliverit Software Pty Ltd (“Company"). By participating in the Program, you agree to be bound by these terms and conditions. If you do not agree to these terms, please refrain from participating in the Program.

1. Program Description: The Program allows the Company to send promotional emails and SMS messages to their customers in partnership with the Company. These communications may include marketing offers, discounts, updates, and other relevant content.
2. Consent and Authorization: By participating in the Program, you confirm that you have obtained the necessary consent and authorization from your customers to receive marketing emails and SMS messages. You understand that you are responsible for complying with applicable laws and regulations governing electronic communications, including obtaining proper consent and providing opt-out mechanisms.
3. Data Collection and Use: The Company respects customer privacy and will handle personal information in accordance with applicable privacy laws and its Privacy Policy. You acknowledge that you are responsible for the collection, use, and processing of customer data within your own systems and that you will comply with all relevant data protection laws and regulations.
4. Consumer Data Sharing: By participating in the Program, you acknowledge and agree that consumer data collected as part of the Program may be shared with third-party service providers engaged by the Company. These third parties may assist in the delivery of marketing emails and SMS messages, data analysis, customer segmentation, or other related activities to support the Program. The Company will ensure that any sharing of consumer data with third parties is done in compliance with applicable privacy laws and regulations. However, the Company shall not be held liable for any actions or omissions of these third-party service providers in relation to the consumer data shared with them. It is your responsibility to review and ensure compliance with any additional terms and privacy policies provided by these third parties if required.
5. Unsubscribe and Opt-Out: You agree to honour unsubscribe requests and opt-out preferences from customers who no longer wish to receive marketing emails or SMS messages. The Company will provide mechanisms for customers to unsubscribe or opt-out, and you will promptly update your customer contact lists accordingly.
6. Intellectual Property: All intellectual property rights related to the Program, including but not limited to trademarks, logos, designs, and content, belong to the Company or its licensors. You agree not to use, reproduce, modify, or distribute any intellectual property associated with the Program without the prior written consent of the Company.
7. Limitation of Liability: The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Program, including but not limited to damages for loss of profits, data, or other intangible losses. You acknowledge that the Program is provided on an “as is" and “as available" basis, and the Company makes no warranties or representations, express or implied, regarding the Program’s availability, accuracy, reliability, or suitability for any purpose.
8. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your participation in the Program or any violation of these Terms and Conditions.
9. Modifications: The Company reserves the right to modify, suspend, or terminate the Program, in whole or in part, at any time without prior notice. Changes to these Terms and Conditions will be effective immediately upon posting on the Company’s website or sending notification to merchants.
10. Monthly Fees: By participating in the Program, you will receive a 2-month free trial. After the trial period, you agree to pay $100 + GST monthly for continued participation in the Automated Marketing Program. These fees are debited the first week of the following month. Failure to pay may suspend or end your participation. You’ll be notified of any fee changes in advance.
11. Free Basic Design Work:As part of your participation in the Automated Marketing Program, you are entitled to receive Free Basic Design Work. This covers design services for social media graphics, website pop-ups, posters, stickers, and flyers. Please note that more complex design services, such as menu designs, TV menus, or logos, will incur additional charges. For details regarding pricing and turnaround times for advanced design work, please contact the Company.
    
    Notice Periods for Design Requests: To ensure timely delivery of your design work, the following notice periods must be adhered to:
    
    
    • Social Media Designs: 48 hours' notice
    • Website Pop-Ups: 48 hours' notice
    • Stickers: 48 hours' notice
    • Flyers: 3 business days' notice
    • Posters: 4 business days' notice
    Availability & “Fair Go" Policy: While we strive to accommodate all reasonable requests, the Company reserves the right to limit or decline work that exceeds what is considered basic design or falls outside the scope of this offer. The “Fair Go" policy ensures that each client receives a fair and reasonable amount of Free Basic Design Work. Should we deem a request as excessive or not aligned with the spirit of this service, we reserve the right to refuse the request or recommend an alternative paid service.
12. SMS Rates: Effective from 1st October 2024, participants in the Automated Marketing Program (AMP) will enjoy a discounted SMS rate of 6c per message + GST. This special rate is available exclusively to AMP clients. If a participant cancels their AMP subscription, the SMS rate will automatically revert to the standard rate of 7.4c per message + GST, effective immediately upon cancellation.
13. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria. Any disputes arising out of or in connection with the Program shall be subject to the exclusive jurisdiction of the courts located in the State of Victoria.
14. Entire Agreement: These Terms and Conditions constitute the entire agreement between you and the Company regarding the Program and supersede any prior agreements or understandings, whether written or oral.
15. Promotions and ROI Enhancement: The company reserves the right, at its sole discretion, to add, remove or modify promotions in any way to best helps clients achieve the best return on investment. The company may, without prior notice, modify or terminate any existing promotions if deemed necessary. Such decisions will be based on factors including, but not limited to, market conditions, client performance, and business objectives.
16. Cancellation: You may cancel your participation in the Program at any time. Cancellations received after the 15th of the month will be billed for that month, as many promotional emails and SMS messages will have already been sent out by then. The Company reserves the right to terminate your participation in the Program if fees are not paid or other terms are violated.

Please read these Terms and Conditions carefully. Your continued participation in the Program signifies your acceptance of and agreement to these terms.