Terms of Use

These Terms of Use ("Terms") govern your access to and use of the Dspatch software, websites and related services (the "Services"), provided by CombineIT Pty Ltd (ABN 64 167 910 634) ("CombineIT", "we", "us" or "our"), which owns and operates Dspatch. By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Definitions

"You" and "your" means the person or entity using the Services. "Your Data" means the data you or your users submit to the Services, including connotes, jobs, customer records and delivery documents. "Account" means the account you register to access the Services.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your registration details, for keeping your login credentials secure, and for all activity under your Account. Notify us promptly of any unauthorised use.

Your Account may include two types of user. The Subscriber is the individual or entity that registers the primary Account, controls access, and is responsible for paying all fees. Invited Users are the people the Subscriber invites to its workspace (such as staff, drivers or contractors); they must accept these Terms, and the Subscriber remains responsible for their access and for all activity under the Account.

3. Licence to use the Services

Subject to these Terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes for the duration of your subscription. We reserve all rights not expressly granted.

4. Subscriptions, fees and renewals

The Services are offered on free and paid subscription plans described on our website. Paid subscriptions are billed in advance on a recurring basis in Australian dollars and renew automatically for successive periods unless cancelled before the renewal date. Fees are non-refundable except where required by law. We may change our fees on reasonable prior notice, effective from your next billing period. Unless stated otherwise, fees are exclusive of GST and any other applicable taxes, which you are responsible for paying.

5. Acceptable use

You must not, and must not permit others to:

• use the Services unlawfully or in breach of these Terms;
• upload content that is unlawful, infringing, or that you are not authorised to provide;
• interfere with or disrupt the integrity or performance of the Services;
• attempt to gain unauthorised access to the Services or related systems;
• reverse engineer, copy or resell the Services except as permitted by law;
• store highly sensitive information (such as full credit card numbers, government identifiers, or health information) in free-text fields that are not intended for that purpose; or
• use the Services to send unsolicited communications in breach of the Spam Act 2003 (Cth).

6. Your Data

As between you and us, you own Your Data. You grant us a licence to host, copy, process and transmit Your Data as reasonably necessary to provide the Services. You are responsible for the accuracy and legality of Your Data and for having the rights to provide it, including any personal information about third parties. Our handling of personal information is described in our Privacy Policy.

Each party will keep the other's confidential information secure using reasonable measures and will use it only as needed under these Terms. Our Privacy Policy forms part of these Terms.

7. Third-party integrations (including Xero)

The Services let you connect third-party services such as Xero. If you enable an integration, you authorise us to exchange data with that service to provide the features you have enabled. Your use of any third-party service is governed by that provider's own terms and privacy policy. We are not responsible for third-party services, and we do not warrant that they will remain available or compatible.

8. Intellectual property

We and our licensors own all intellectual property rights in the Services, including software, design, and trade marks. These Terms do not transfer any of those rights to you other than the limited licence in section 3.

9. Availability and support

We aim to keep the Services available and to provide reasonable support, but the Services are provided on an "as available" basis. We may perform maintenance, and may modify or discontinue features from time to time. We will use reasonable efforts to give notice of material changes.

10. Consumer guarantees and liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded ("Non-Excludable Rights").

To the maximum extent permitted by law, and other than for Non-Excludable Rights: (a) the Services are provided without warranties of any kind; (b) our liability arising out of or in connection with the Services is excluded to the extent it relates to indirect, incidental, special or consequential loss, or loss of profits, revenue or data; and (c) our total aggregate liability is limited to the amount of fees paid by you for the Services in the 12 months before the event giving rise to the liability. Where our liability for a breach of a Non-Excludable Right can be limited, it is limited (at our option) to re-supplying the Services or paying the cost of having them re-supplied.

11. Indemnity

You indemnify us against loss, damage, liability, costs and expenses we reasonably incur arising from your breach of these Terms, your misuse of the Services, or Your Data, except to the extent caused by our own negligence or breach.

12. Suspension and termination

You may cancel your subscription at any time as described in the Services. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or where required by law. On termination, your right to use the Services ends. We may make Your Data available for export for a reasonable period after termination, after which it may be deleted.

13. Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page. If we make material changes, we will provide reasonable notice through the Services or by other means. Continued use of the Services after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of South Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia and the courts able to hear appeals from them.

If any provision of these Terms is found to be invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force.

15. Contact us

Questions about these Terms? Contact us:

CombineIT Pty Ltd (operator of Dspatch)
Email: info@combineit.com.au
Phone: 1300 009 386
Post: PO Box 648, Parkholme SA 5043