Terms of Use

Overview

Welcome to the website of STRN Pty Ltd trading as "Embracy" (ABN 72 666 564 576) ("we", "us" or the "Company"), a facilitator of digital and physical payments.

This website is located on the web via the domain https://embracy.com.au and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site. If you use any of the services offered by Embracy, then you are also subject to any terms and conditions that may apply to those services.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our privacy policy which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot make transactions through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

• Temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
  • You breach any provision of these Website Terms of Use;
  • The Company is unable to verify or authenticate any information that you provide to us; or
  • The Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers, or any other person.
• Remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights, or these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners, and affiliates from and against any losses, liabilities, costs, expenses, or damages (including actual, special, indirect, and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• Any material or information that you submit, post, transmit, or otherwise make available through this site;
• Your use of, or connection to, this site; or
• Your negligence or misconduct, breach of these Website Terms of Use, or violation of any law or the rights of any person.

Requirement for registration

The Company reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

Schedule 1 – Prohibited Conduct

YOU MUST NOT:

• Use any device, routine, or software that interferes, or attempt to interfere, with the proper working of this site;
• Engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• Use this site to decipher passwords or security encryption codes, transmit any worms, viruses, or Trojan horses, transfer or store illegal, threatening, or obscene material, or otherwise violate the security of any computer network;
• Use this site to violate any applicable local, state, national, or international law, to engage in any misleading or deceptive online marketing practices, or for any fraudulent or malicious purposes;
• Use any spider, robot, or search/retrieval application or any screen scraping, data mining, or similar data gathering device, process, program, or means to access, retrieve, or index any portion of this site;
• Use this site by any automated means;
• Use this site to transmit junk mail, spam, chain letters, pyramid schemes, or engage in other flooding techniques or mass distribution of unsolicited email;
• Access, retrieve, or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• Interfere with the display of any advertisements appearing on or in connection with this site;
• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame, or reformat any of the material contained on this site;
• Reproduce, duplicate, copy, or store any of the material appearing on this site other than for your own personal and non-commercial use;
• Falsely imply that any other website is associated with this site;
• Do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
• Use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
• Release to the public any news release, advertising material, promotional material, or any other form of publicity or information relating to the Company without the Company's prior written consent; or
• Use this site to transmit any information or material that is, or may reasonably be considered to be:
  • Abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically, or otherwise objectionable or offensive in any way;
  • Libellous, defamatory, pornographic, sexually explicit, unlawful, or plagiarised;
  • Infringing upon or violating any copyright, trademark, patent, or other intellectual property or proprietary right;
  • In breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • In breach of any person’s privacy or publicity rights;
  • A misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • In violation of any applicable law, statute, ordinance, or regulation, or encouraging others to do so;
  • Containing any political campaigning material, advertisements, or solicitations; or
  • Likely to bring the Company or any of its staff into disrepute.