Terms of service

These terms are a contract between you and CLOUDRIDGE TECHNOLOGIES PTY LTD (ACN 696 705 478, ABN 69 696 705 478), an Australian proprietary company in Queensland.

They cover this website at cloudridge.im. They also set out the terms on which the services in the catalogue would be supplied when they open.

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Its guarantees apply to a consumer as defined in that Law, which includes a business acquiring goods or services under the relevant threshold, so a small studio buying a backend service may well be a consumer for these purposes even though the supply is business to business.

The statutory wording

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to cancel the service contract and to a refund for the unused portion, or to compensation for a reduction in value, and to compensation for any other reasonably foreseeable loss or damage.

Limitation the Law permits

To the extent that Law permits, our liability for failing to comply with a guarantee other than one under sections 51 to 53 is limited at our election to resupplying the service or paying the cost of resupply.

Monthly, no minimum term

Each service in the catalogue is contracted separately, billed monthly in arrears, and cancellable with 30 days notice. There is no minimum term and no early termination charge. Bundling three services into one inseparable contract is how a supplier makes leaving expensive, so we do not do it.

No service level agreement, for now

The response targets in the catalogue are design targets. They are not a warranty, not a service level agreement, and no service credit attaches to missing them. When we can measure availability over a meaningful period we will offer a real commitment with a real remedy, and this section will say so.

Export and exit

A documented self-service export is available for the whole life of a contract, including during a notice period and for 30 days after it ends. We will not withhold an export over a billing dispute. After that window, data is deleted or returned as the exit clause of the agreement provides.

Changes to a service

A breaking change to an interface gets at least 90 days notice and a migration path. A change that reduces the scope of what is included is treated as a change to the agreement, not as a product update, and gives you a right to terminate without notice charge.

Where we hold player data for you, we act as a processor on your documented instructions. The full description is in the privacy policy, and the operative version for a customer is the data processing schedule to the signed agreement.

What that schedule will contain

• Subject matter, duration, nature and purpose of the processing, and the categories of individual and of data.
• Processing on documented instructions only, with a duty to tell you if an instruction appears to breach the Privacy Act.
• Confidentiality obligations on everyone with access.
• Security measures, and a duty to assist you with your own security obligations.
• Sub-processor list, and 30 days notice with a right to object before any addition or replacement.
• Assistance with access, correction and deletion requests, within 10 business days of your instruction.
• Notification of a security incident to you without undue delay and in any event within 24 hours.
• Deletion or return of the data within 30 days of the end of the agreement, at your election.
• Audit rights, on reasonable notice, once a year, and immediately after an incident.

You remain the entity accountable to your players under the Privacy Act, including for deciding whether an incident is an eligible data breach under Part IIIC and for making any notification.

These would apply to a customer using a service.

• Do not send us data you are not entitled to send, including personal information you collected without a lawful basis.
• Do not send us sensitive information as defined in the Privacy Act, including health information, or any government related identifier. Our services are not designed for it and our contract will exclude it.
• Do not use a service to store or distribute unlawful material.
• Do not attempt to access another customer's data, or to test our security without written permission, which we will normally give.
• Do not resell a service as your own without a written reseller agreement.

Suspension

We may suspend a service for a serious breach, or where continuing would expose other customers to material risk. Where we do, we will tell you why, tell you what would resolve it, and keep the export path open throughout. Suspension is not a way to make leaving harder.

We own the services, the software behind them, this website, the Cloudridge Technologies name and marks, and the arrangement of the catalogue. You own your data and your game. Nothing in a supply agreement gives us a licence to your data beyond what is needed to run the service you asked for.

Feedback

If you tell us how to improve something, we may act on it, and you do not thereby give up anything you own. We will not claim a licence over your ideas as a condition of listening to them, which is a clause worth reading for in anyone's terms.

Copyright complaints

Write to [email protected] with "Legal" in the subject, identifying the work, the claim and your contact details.

You may read it, quote it, link to it and criticise it. Do not scrape it at a rate that degrades it for anyone else, do not present its content as your own, and do not use our marks as the primary identifier of your product or service.

The catalogue on the home page describes a service that does not exist. Treat every number in it as a design target, not a measurement, and do not rely on it in a procurement decision without asking us to confirm the current position in writing.

Read this with the consumer guarantees section, which overrides it wherever the Australian Consumer Law applies.

What we are responsible for

Loss that is a reasonably foreseeable result of our breach or negligence, and anything the law does not permit us to limit, including fraud, death or personal injury caused by negligence, and breach of a non-excludable consumer guarantee.

What we are not responsible for

• Loss that was not reasonably foreseeable.
• Loss of profit, revenue, goodwill or anticipated saving, except where it flows from our breach and was reasonably foreseeable.
• Loss of data, to the extent it would have been prevented by you keeping your own copy through the export path we provide and document.
• A failure caused by your code, your configuration, or a third party service you chose.

Cap

To the extent the law permits, our total liability under a supply agreement is limited to the fees paid by you under that agreement in the 12 months before the event. For anything arising out of this website alone, where no fees have been paid, liability is limited to one hundred Australian dollars. The cap does not apply to liability that cannot be limited by law.

These terms are governed by the laws of Queensland and the applicable laws of the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts hearing appeals from them.

Before litigation

Write to [email protected]. For a customer dispute, the escalation path in the signed agreement applies first. Nothing here stops you going to a court, a tribunal or the Commissioner whenever you choose.

Cheaper routes

In Queensland the Queensland Civil and Administrative Tribunal hears many consumer matters, and the ACCC publishes guidance on which body handles what at accc.gov.au.

Changes

The version in force is the one published here with the effective date at the top. For a customer under a signed agreement, that agreement governs how it may be varied, and a change to this page does not vary it.

Severance

An invalid or unenforceable provision is read down so far as necessary, or severed, and the rest continues.

No waiver

Not enforcing a provision is not a waiver of it.

Assignment

You may not assign without our written consent, not to be unreasonably withheld. We may assign on a sale of the business, subject to the data processing commitments in the privacy policy and in any signed agreement.

Entire agreement

These terms, the privacy policy and the cookie notice are the whole agreement about their subject matter in the absence of a signed supply agreement. This does not exclude liability for misleading or deceptive conduct, which cannot be contracted out of.

Contact

CLOUDRIDGE TECHNOLOGIES PTY LTD, ACN 696 705 478, ABN 69 696 705 478. Email [email protected].

We do not publish a postal address here. The registered office recorded against ACN 696 705 478 at ASIC is the address with legal effect for service.