Welcome to Beakon! We’re excited to have you here but before you start using Beakon, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.
If you still have questions or comments after you’ve read these terms, please contact support@beakon.com.au to get in touch. We’d love to help.
Joining and using Beakon
In this section we explain how to subscribe to Beakon and use our services.
1. You and Beakon: When we say you or your, we mean both you and any entity the company you’re authorised to represent. When we say Beakon, we, our or us, we’re talking about the Beakon entity you contract with and pay fees to based on the edition of the Beakon product you’re using.
2. Our services: Our services consist of all the services we provide now or in the future, including our online and mobile products.
3.The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
4. Rules: Whatever your role, when you use Beakon you agree to follow the rules outlined here. Please read them and make sure you understand what you should and shouldn’t do.
5. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal and compliance obligations.
6. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
7. Beakon pricing plans: Your use of our services generally requires you to pay a monthly or annual subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms.
8. Importance of timely payments: In order to continue accessing our services, you need to make timely payments. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
9. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into Beakon, like your name and email address.
Confidential information
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
10. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
Security
We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.
11. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. Read more about these measures on our security page. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
12. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
13. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Beakon’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details. More information on how to keep your data secure is available in our small business guides and on Beakon Support.
Maintenance, downtime and data loss
14. Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will notify you in advance.
15. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
16. Problems and support: If you have a problem, we have excellent support articles available through Beakon Support that should help you with most situations. If you’ve tried Beakon Support and still need help, you can contact our support team by scrolling to the bottom of any support article in Beakon Support.
17. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
Do’s and don’ts
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.
18. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
19. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
- Undermine the security or integrity of our systems.
- Use our services in any way that might impair functionality or interfere with other people’s use.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- Resell, lease or provide our services in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any leads or data accessed through our services.
- Commit fraud or other illegal acts through our services.
Act in a manner that is abusive or disrespectful to a Beakon employee, partner, or other Beakon customer. We will not tolerate any abuse or bullying of our Beakon employees in any situation and that includes interaction with our support teams.
Termination
If you violate these terms, we may terminate your subscription immediately.
Beakon may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Beakon may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
- you breach any of these terms and the breach cannot be remedied,
- you fail to pay subscription fees, or
- you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction
20. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. Visit Beakon Support to find out more. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.
Liability and indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
21. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
22. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Disputes
This section outlines how disputes may be resolved.
23. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team by scrolling to the bottom of any support article in Beakon Support. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally, ), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Important housekeeping
Here we set out some additional terms. Take a read as they cover important issues.
24. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
25. Notices: Any notice you send to Beakon must be sent to support@beakon.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
26. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
27. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
28. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment.
29. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user as further described on Beakon Support. Beakon may assign these terms – or any of our rights or obligations in these terms – to another Beakon entity as it deems appropriate. Beakon entities are the companies controlled by or under common control Kajeeva Pty Ltd trading as Beakon an Australian company ACN 139 045 604
30. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Beakon.
30. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
31. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
You’ve made it to the end. Thanks for reading our terms!
