Terms of Use

Sharktech Global operates a portfolio of enterprise technology platforms including VCPility, eTakeaway Max, Flagman, Motivo360 and AccrualOS. Access to individual platform features may be subject to additional terms, subscription agreements, or enterprise licensing arrangements.

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with reasonable notice where practicable.

When using our services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use services only for lawful purposes and in accordance with these terms
• Not attempt to gain unauthorised access to any part of our systems or infrastructure
• Not reproduce, distribute, or create derivative works from our content without written permission
• Comply with all applicable Australian and international laws and regulations

Nothing in these Terms of Use excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Where our services are supplied to consumers (as defined by the ACL), our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to:

• In the case of services, the re-supply of the services or payment of the cost of having the services re-supplied
• In the case of goods, the replacement or repair of the goods, or payment of the cost of replacing or repairing the goods

Sharktech Global is committed to ensuring our websites and platforms are accessible to all users, including people with disabilities, in accordance with the Disability Discrimination Act 1992 (Cth). We aim to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a minimum standard.

If you experience any accessibility barriers when using our services, please contact us at support@sharktech.com.au so we can address the issue promptly.

All intellectual property rights in our websites, platforms, services, and content, including but not limited to software, designs, trademarks, logos, text, images, and documentation, are owned by or licensed to Sharktech Global Pty Ltd or its related entities.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our services for their intended purpose. This licence does not transfer any ownership rights.

The names "Sharktech Global", "VCPility", "eTakeaway Max", "Flagman", and associated logos are trademarks of Sharktech Global Pty Ltd. Use of these marks without written permission is prohibited.

To the maximum extent permitted by law, Sharktech Global shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, business opportunity, or goodwill
• Damages arising from your use of or inability to use our services
• Any conduct or content of any third party on our platforms
• Unauthorised access to or alteration of your data or transmissions

Our total aggregate liability for any claims arising out of or relating to these terms or our services shall not exceed the amount paid by you to Sharktech Global in the twelve (12) months preceding the claim.

This limitation applies regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Sharktech Global, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with your use of our services, your breach of these terms, or your violation of any applicable law or third-party rights.

These Terms of Use are governed by the laws of New South Wales, Australia. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

We may update these Terms of Use from time to time. Material changes will be communicated via our website with reasonable notice. Your continued use of our services after changes take effect constitutes acceptance of the revised terms.

For questions about these Terms of Use, contact us:

• Email: support@sharktech.com.au
• Address: Sydney, NSW, Australia