Terms and Conditions

Terms & Conditions

Platform Terms of Use

Last updated: 2nd November 2025

1. About the Platform

Welcome to de.iterate. We provide this website (deiterate.com and any other websites we operate from time to time with the same domain name and different extensions), along with compliance and policy management services including a portal and any other functionality added from time to time that you subscribe to through our websites, and all associated services we may perform for you from time to time (the ‘Platform’).

The Platform is owned and operated by de.iterate Pty Ltd (ABN 657 697 008) (de.iterate, we, our, us) and we provide the Platform to you on the basis of these terms and conditions (Terms).

de.iterate reserves the right to review and change any of the Terms by updating this page at its sole discretion. When de.iterate updates the Terms, it will update the date at the start of these Terms, and will use reasonable endeavours to provide you with direct notice. Any changes to the Terms take immediate effect from the date of their publication. We recommend reviewing these Terms each time you use the Platform to understand the current terms of using the Platform.

2. Acceptance of the Terms

To agree to these Terms, you must be over 18 years of age or have your parent or guardian’s consent to agree to these terms on your behalf.

You accept the Terms by accessing and remaining on the Platform.

We may also ask you to confirm you agree to the terms by clicking a box when you sign up for an Account or at other points of using the Platform.

If you are using this Platform through a managed service provider appointed by de.iterate, your agreement with the managed service provider is a separate agreement to these Terms, and your acceptance of these Terms is a binding agreement between you and de.iterate.

3. Subscription to use the Platform

Some parts of the Platform, like viewing the website, is free.

In order to access other features of the Platform, you must first select a type of subscription (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘) through the Platform.

The Subscription Fee is non-refundable for change of mind. Your rights to a refund or replacement service are limited to your rights which cannot be excluded under the Australian Consumer Law, and are set out in clause 6.

You agree to pay the Subscription Fee on a monthly basis, unless we agree otherwise.

Once you have purchased the Subscription, you will then be required to register for an account through the Platform before you can access the Platform (the ‘Account‘).

Once you have completed the registration process, you will be a registered member of the Platform (‘Member‘). As a Member, you will be granted immediate access to the Platform from the time you have completed the registration process until the subscription period expires or the subscription is terminated (the ‘Subscription Period‘).

4. Your obligations as a Member

As a Member, you agree to comply with the following:

• you will use the Platform only for purposes that are permitted by:
  
  • the Terms; and
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Platform;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify de.iterate of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of de.iterate providing the Platform;
• you will not use the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of de.iterate;
• you will not use the Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in termination of the Platform. Appropriate legal action will be taken by de.iterate for any illegal or unauthorised use of the Platform;
• you acknowledge and agree that any automated use of the Platform or its Platform is prohibited;
• you must not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including any automated bosting software or bots to make automatic communications on the Platform; and
• you must not interfere with or disrupt Platform or servers or networks connected to Platform, or disobey any requirements, procedures, policies or regulations of networks connected to Platform or otherwise attempt to use the Platform or any of its underlying code for your own commercial gain.

5. Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of:

• electronic funds transfer (‘EFT') into our nominated bank account;

• Credit Card Payment (‘Credit Card‘); or

• All payments made in the course of your use of the Platform are made using Stripe. In using the Platform, the Platform or when making any payment in relation to your use of the Platform, you warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions which are available on their Platform.

We reserve the right to update our payment methods from time to time, including introducing a third-party payment provider, in which case alternative third party terms and conditions may apply.

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

You agree and acknowledge that de.iterate can vary the Subscription Fee at any time and we will endeavour to provide you with at least 30 days’ notice of any variation to the Subscription Fee.

You agree and acknowledge that we may debit the Subscription Fee from your Credit Card, if provided.

6. Refund Policy

We may update this refund policy from time to time by issuing updated versions of these terms.

7. Copyright and Intellectual Property

The Platform and all of the related products of de.iterate are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Platform and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform code, scripts, design elements and interactive features) or the Platform are owned or controlled for these purposes, and are reserved by de.iterate or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by de.iterate, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence while you are a Member to:

• use the Platform pursuant to the Terms;

• copy and store the Platform and the material contained in the Platform in your device’s cache memory; and

• print pages from the Platform for your own personal and non-commercial use.

de.iterate does not transfer or grant you any other rights whatsoever in relation to the Platform or the Platform. All other rights are expressly reserved by de.iterate.

de.iterate retains all rights, title and interest in and to the Platform and all related Platform. Nothing you do on or in relation to the Platform will transfer any:

• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of de.iterate and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Platform or third party Platform for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.

8. Privacy

As part of purchasing your Subscription and registering your Account, and as part of your continued use of the Platform, you may be required to provide personal information about yourself (such as identification or contact details), including your name, business name, date of birth, address, credit card details and other personal information.

You warrant that any information you give to de.iterate in the course of completing the registration process will always be accurate, correct and up to date.
de.iterate takes your privacy seriously and any information provided through your use of the Platform will be collected, used and stored in accordance with de.iterates Privacy Policy, which is available on the Platform.

9. Disclaimers

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

To the extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded.

Use of the Platform is at your own risk. Everything on the Platform is provided to you “as is” and “as available”. While every care is made to ensure that any information we provide to you is accurate and comprehensive, we cannot guarantee that it is suitable for your business purposes. We rely on all information you provide to us. However, not all information we provide to you will have considered your personal circumstances. You need to make your own assessments as to the accuracy, suitability and currency of any information on the Platform for you and your business.

Nothing on the Platform is to be relied upon as legal or financial advice.

You acknowledge that de.iterate cannot control and will not be liable for delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

de.iterate provides compliance, risk, and policy management support services to assist customers in understanding and implementing practical measures aligned with information security, privacy, and governance standards. These services, materials, and any accompanying documentation or guidance (collectively referred to as “Professional Services”) are intended to provide general compliance assistance only and do not constitute legal advice.

de.iterate is not a law firm, does not provide legal services, and does not represent that its Professional Services ensure compliance with any specific legislation, including the Privacy Act 1988 (Cth) or any related state, federal, or international laws.

Customers remain solely responsible for obtaining independent legal advice to confirm how their compliance program, policies, and procedures meet applicable legal obligations. de.iterate accepts no liability for any reliance placed on its Professional Services as a substitute for legal advice.

Where de.iterate recommends or references any legislation, regulatory instrument, or legal obligation, such references are provided solely for context and do not create a representation, warranty, or guarantee that your organisation is, or will be, compliant with such obligations.

10. Limitation of liability

de.iterate’s total liability arising out of or in connection with the Platform or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited in aggregate of all claims to:

• if you did not have a current Subscription at the time of the event giving rising to the liability, the resupply of the Platform to you with the applicable error resolved if required by law; or
• if you did have a current Subscription at the time of the event giving rise to the liability, then the amount paid in Subscription Fees in the 12 months preceding the event giving rise to the liability.

You expressly understand and agree that de.iterate, its affiliates, employees, agents, contributors, and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise (except to the extent such liability cannot be excluded under any applicable statute, including the Australian Consumer Law).

11. Termination

The Terms will continue to apply until terminated as set out below.

If you want to terminate your Subscription, you may do so by providing de.iterate written notice 60 days’ in advance of your renewal date.
Clause 11(b) does not apply if we vary the Subscription Fee, and you may terminate your Subscription within 30 days of receiving notice from us about the proposed variation of the Subscription Fees.

Your notice should be sent, in writing, to de.iterate via the ‘Contact Us’ link on our homepage, set out at the end of these terms.
de.iterate may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or we reasonably suspect you may breach any provision;
• de.iterate is required to do so by law; or
• the provision of the Platform to you by de.iterate is, in the opinion of de.iterate, no longer commercially viable.

Subject to applicable laws, de.iterate reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Platform without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts de.iterate’s name or reputation or violates the rights of those of another party or fail to pay any overdue Subscription Fee.

12. Indemnity

You  indemnify de.iterate, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Platform in any manner inconsistent with these Terms or any directions given by de.iterate from time to time.

de.iterate indemnifies for you against any claims that your use of the Platform in accordance with these Terms and any directions given by de.iterate from time to time is a breach of any third party intellectual property rights.

13. Dispute Resolution

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:

• Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Brisbane, Australia.

Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:
If 4 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Platform offered by de.iterate is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.

15. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will  be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Terms will remain in force.

17. Notices

Any notices to you will be made to the registered email address provided with your Account or otherwise provided to us by you.

Any notices to de.iterate can be made through hello@deiterate.com