- Serial Search Pty Ltd ACN 621 738 074 (Serial Search, We, Us, Our) is an Australian Company based in Victoria that has developed a mobile application and integrated website.
- Serial Search provides a software service through the mobile application and website (SS Platform) that enables:
- all users (Client, you, You, your) to search serial numbers, International Mobile Equipment Identities and/or asset tag numbers (together, Serial Numbers) of registered devices;
- you to subscribe for a membership to the SS Platform in order to:
- search, register and store Serial Numbers relating to your devices (the number of Serial Numbers you are entitled to register will depend on your membership package);
- update the SS Platform to mark a registered device (and the accompanying Serial Number) as damaged, stolen and / or missing (Update Event);
- receive alerts (which are also sent to the police) upon a Serial Number being searched after the occurrence of an Update Event;
- send alerts to registered owners where a registered device you search is marked as stolen or missing on the SS Platform.
- you to create a partnership account to become an authorised partner of Serial Search.
- Serial Search reserves the right to update, modify, replace, limit and expand the SS Platform and its functionality.
- Each Client should read these terms and conditions (Terms and Conditions) carefully prior to accessing the SS Platform or other products and / or services offered via our website and other platforms.
2. Acceptance of these Terms and Conditions
- These terms and conditions record an agreement between you, as the Client and Serial Search for the purpose of you accessing and using services which are included within the SS Platform and/or other products and/or services offered via our website and other platforms
- By accepting these Terms and Conditions you are agreeing to be bound by the following Terms and Conditions. You may be accepting these Terms and Conditions because:
- you are accessing products and / or services as an unpaid user of the SS platform;
- you are registering your profile and applying for membership to access benefits available to members of the SS Platform; and / or
- you are accessing products and / or services as a member of the SS platform.
- Serial Search reserves the right to make changes to the Terms and Conditions from time to time without notice. You will be able to discontinue and/or refrain from the use of the SS Platform following such changes, should you choose to do so. Continuing to use the Serial Search software after such changes will constitute your acceptance of the changes
- As the provider of the SS Platform, Serial Search reserves the right to terminate your account without notice should you violate the Terms and Conditions.
- Business Hours are defined as 8:30 am to 5:30 pm Australian Eastern Time from Monday to Friday, excluding Public Holidays.
- These Terms and Conditions are in accordance with the laws of Victoria and the Commonwealth of Australia (as applicable). Disputes arising from your use of the SS Platform are exclusively subject to the jurisdiction of the courts of Victoria and the Commonwealth of Australia (as applicable).
- Financial Institution is defined as an institution that provides financial services for its clients or members, such as a bank.
3. Your Account
- At the time you register to become a member of the SS Platform, you must provide:
- your correct legal name;
- a valid email address;
- a valid billing address;
- an address;
- your valid Australian mobile phone number;
- a valid Australian credit card number or a valid Australian debit card number for payment proposes;
- correct Serial Numbers and details of associated devices; and
- any other information requested in order to complete the signup and account establishment process (Client Data).
- The period/term of your membership is 12 months (Term). Your membership will be renewed automatically unless otherwise selected by the Client.
- You will have the flexibility to alter your membership details via the membership tab on the SS Platform. This includes upgrading or downgrading your membership package. Refunds will not be provided to the extent your membership is downgraded part way through a Term.
- Failure to supply correct Client Data may result in Serial Search cancelling your account.
- Inputting incorrect or false Serial Numbers is likely to void the functionality of the SS Platform in relation to the corresponding devices.
- The SS Platform must be updated on an urgent basis upon the occurrence of an Update Event.
- You agree to update your Client Data if there are any changes to ensure that it is current and accurate at all times. You agree to update the SS Platform to the extent you become aware of an Update Event in relation to a registered device.
- You agree to permit Serial Search to use the Client Data for the purpose of providing the functionality of the SS Platform and any related purpose. You acknowledge that in order to do so, Serial Search may share the Client Data with other parties, including stakeholders and suppliers.
- By accepting these Terms and Conditions you authorise Serial Search or its agent to debit your account at the relevant Financial Institution connected with the payment details identified and provided in your Client Data. This may be for payment of your subscription fee when you first join the SS Platform or subsequent annual membership fees as part of the renewal of your membership (Fees).
- Details of Fees and membership packages are set out at serialsearch.com/pricing.
- When you register with Serial Search, you will be provided with a login and will be asked to choose a password. Your login may only be used by one person, and sharing that login among multiple users is not permitted. You are also exclusively responsible for all activities that occur in connection with your account.
- You are responsible for maintaining the security of your login and account information (including the password). Serial Search is not liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activities that occur on your account, and Serial Search will not be liable for any loss or damage from activities on your account.
- You agree to use the Serial Search software for its intended purpose. You may not use the software for any illegal or unauthorised purpose, including the transmission of malware. You must not use the service to violate any laws in your jurisdiction, including but not limited to copyright laws.
- All Client Data will be stored and maintained by or on behalf of Serial Search in accordance with Australian law.
- You expressly understand and agree that to the extent permitted by law, Serial Search will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Serial Search has been advised of the possibility of such damages), resulting from your use of the SS Platform, related websites or services or your use of third-party products or services accessible via platforms maintained and / or operated by Serial Search.
4. Payment and refunds
- Fees and other amounts payable to serial Search for products and services are published on our website and are charged in Australian Dollars. Serial Search reserves the right to amend pricing and commission rates from time to time at its discretion.
- Fees will appear on your bank account with the name “Serial Search” or a similar reference.
- If sufficient funds are not available in your nominated financial account at the time of processing a payment:
- Serial Search will issue an email notification to the Client providing notice of the issue and giving you until noon of the next Business Day to rectify the cause by ensuring adequate funds are available or correcting the debit or credit card details used.
- If the payment is declined a second time the payment will be deemed to be late. Late payment will be considered a breach of contract and thus Serial Search has the right to suspend or terminate your use of the SS Platform.
- All charges are inclusive of Goods and Services Tax (where applicable).
5. Payment service only
- Serial Search uses a third-party service provider for the provision of the payment service between you and Serial Search and is not liable for any issues, including charges from your Financial Institution, which may arise as a result of this service.
- You acknowledge that the credit card or debit card provided has been verified against a recent bank statement to confirm the accuracy of the details provided.
- You acknowledge that you have authority to utilise the nominated credit card or debit card for the purpose of paying Serial Search its Fees.
- You acknowledge that it is your responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account to honour the transaction when it falls due.
- Serial Search will not be held responsible for any fees and charges imposed by your Financial Institution or any other third party that may be incurred if there are insufficient funds in your account or the payment fails.
- Payments will be processed at the time when you sign up for your membership. You will not be eligible for membership if payment is declined.
- You may amend your payment instructions via the SS Platform application.
6. Cancellation and termination
- You can cancel or deactivate your Serial Search registration at any time by logging into your account and creating a support ticket under your support tab.
- Serial Search has the right to suspend or terminate your registration and refuse the use of the Service without notice and without reason. Termination of the service will result in the deactivation or deletion of your registration, or your access to your registration, and forfeiture of all content in your registration.
7. Modifications to the Service and Fees
- Serial Search reserves the right to modify or discontinue, temporarily or permanently the SS Platform and its other products and services with or without notice.
- Fees and charges are subject to changes upon 30 days-notice from Serial Search. Such amendments will be posted at serialsearch.com/pricing
8. Affiliates and commissions
- Serial Search notes that it may be a party to referral arrangements from time to time. Serial Search reserves the right to make payments to third-party referrers in the form of referral fees and commission payments to the extent such third parties have assisted Serial Search to promote or sell its products and services.
- Serial Search may also receive commission and referral fees from third parties to the extent that Serial Search promotes or sells their products and / or services through once or more of its platforms.
- By using the SS Platform, you represent and warrant to Serial Search that Serial Search will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or a business opportunity) howsoever caused, including arising directly or indirectly from or in connection with the SS Platform or these Terms and Conditions.
- You are entitled to rights under the Australian Consumer Protection Law that cannot be excluded by contract. Subject to any of the rights you may have under Australian Consumer Protection Law, Serial Search excludes to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the SS Platform or any other matter under these Terms and Conditions.
10. Limitation of liability
- The SS Platform and all site content are made available to you on an “as is” basis. Serial Search makes no warranties, representations or conditions of any kind, express, statutory or implied as to:
- the operation and functionality of these items;
- the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the site content, including but not limited to the accuracy of business reviews and business information listed on the site; and/or
- the products and services associated with the site or site content, including but not limited to the products and services sold by businesses listed on the site. Serial Search further disclaims all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from Serial Search or our sites shall create any warranty, representation or condition not expressly stated herein.
- Serial Search disclaims all liability for any:
- indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
- loss of profits;
- business interruption;
- loss of or damage to the reputation of Serial Search or any third party; or
- loss of information or data. Serial Search further disclaims all liability for any loss or damage arising out of your use of our products, sites and site content.
- Your use of our products, sites and site content is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the site. Serial Search also disclaims any and all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers or users on the site. Your communications or dealings with such businesses, advertisers and users are solely between you and them, though Serial Search reserves the right to monitor disputes between you and them. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
- Serial Search’s maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to Serial Search in connection with the site in the 12 months prior to the action giving rise to liability or (ii) us A$1.00.
- You agree to defend, indemnify and hold harmless Serial Search, its members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
- Your access to or use of the SS Platform, products or websites;
- Your violation of this agreement; or
- the infringement by You, or any third party using Your account, of any intellectual property or another right of any person or entity. Serial Search reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defence of these claims. You agree not to settle any matter without the prior written consent of Serial Search. Serial Search will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
12. Third parties
Our sites may include links to other websites (each, a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of a Third Party Site is at your own risk. You may not distribute, sell, rent, sublicense or lease such Third Party Content, in whole or in part, to any third party; and You may not use it for any other purpose other than Your personal, non-commercial use.
13. General conditions
- To the extent permitted by law, Serial Search reserves the right to create, collect and / or store any metadata resulting from your use of the SS Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the SS Platform, for purposes of search engine optimisation and to drive traffic to the SS Platform. To the extent permitted by law, Serial Search reserves the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of Serial Search.
- Your use of the SS Platform is at your sole risk. The SS Platform is provided on an “as is” and “as available” basis.
- You understand that Serial Search uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the SS Platform.
- You must not modify, adapt or hack the SS Platform or modify another website or software so as to falsely imply that it is associated with the SS Platform or Serial Search.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the SS Platform, use of the SS Platform, or access to the SS Platform without the prior express written permission of Serial Search. Serial Search claims copyright and all other intellectual property rights over the SS Platform and its other products and services and reserves all of its rights.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. However, Serial Search accepts no responsibility to review such content.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Serial Search customer, employee, member, representative, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the SS Platform, including your content, personal information and Cardholder Data, may be transferred unencrypted and involve:
- transmissions over various networks;
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any malware, worms or viruses or any code of any nature to, from or over the SS Platform.
- Serial Search does not warrant that:
- The SS Platform will meet your specific requirements;
- The SS Platform will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the SS Platform will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through Serial Search will meet your expectations; and
- Any errors in the SS Platform will be corrected.
- You expressly understand, agree and warrant that Serial Search shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Serial Search has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the SS Platform;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SS Platform;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the SS Platform;
- or any other matter relating to the SS Platform.
- The failure of Serial Search to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and Serial Search and govern your use of the SS Platform, superseding any prior agreements between you and Serial Search.
- Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
- Serial Search makes no representations or warranties that the content of the SS Platform complies with the laws (including intellectual property laws) of any country outside Australia.
- Any queries about the Terms and Conditions should be sent to firstname.lastname@example.org