About these terms
These Terms of Service apply to your use of redearthone.com, redearthone.com.au, the RedEarthOne waitlist, and any other publicly accessible RedEarthOne web property (collectively, the Site). They do not cover use of the RedEarthOne platform itself once you have an account — that's governed by a separate Master Services Agreement issued at onboarding.
The Site is operated by RedEarthOne (ABN 34 693 896 641), registered at 2/14 Binnacle Court, Yamba, NSW 2464, Australia. References to "we", "us" and "our" mean RedEarthOne.
By accessing or using the Site, by ticking the consent checkbox on the waitlist signup form, or by sending us a message through the contact form, you acknowledge that you have read, understood and agree to be bound by these terms together with our Privacy Policy, Disclaimer and Cookie Notice, each as updated from time to time. If you don't agree, please don't use the Site.
Eligibility
You must be at least 18 years old and legally able to enter a contract under the law that applies to you. If you're acting on behalf of an organisation, you confirm you have authority to bind that organisation to these terms.
Early access and the waitlist
RedEarthOne is currently in early access. Joining the waitlist puts you in the queue for invitation as cohorts open by role and operation type.
You acknowledge that:
- Joining the waitlist does not create an obligation on us to provide you with access to the platform within any specific timeframe or at all.
- Joining the waitlist does not create an obligation on you to subscribe to the platform when access opens.
- You can withdraw from the waitlist at any time by emailing [email protected] with a removal request, or by using any unsubscribe link in our emails.
- The 30-day free trial referred to elsewhere on the Site is conditional on a separate Master Services Agreement and account onboarding; the offer is current as published but may be modified or withdrawn before access opens for your cohort.
- Pricing displayed on the Site is the current published rate and may change before you onboard.
Acceptable use
You agree not to use the Site in any way that:
- breaches any applicable law or regulation;
- infringes anyone's intellectual-property rights, privacy or other legal rights;
- is fraudulent, misleading, defamatory, harassing or otherwise harmful;
- interferes with the operation or security of the Site (including by introducing malware, attempting unauthorised access, or scraping at a scale that materially burdens the infrastructure);
- collects personal information from other users without their consent.
We reserve the right to block, suspend or restrict access to the Site for any user who breaches these terms or whose use materially burdens our systems.
Intellectual property
All content on the Site — including text, graphics, logos, icons, images, screenshots, the RedEarthOne wordmark and brand mark, audio, video, code, layout and design — is owned by or licensed to RedEarthOne and is protected by copyright, trademark and other intellectual-property laws in Australia and other jurisdictions.
You may view and share links to our content for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, transmit, display, perform, publish, license, sell or otherwise commercially exploit any content from the Site without our prior written consent, except as permitted by applicable copyright law (e.g. fair dealing for research, criticism or news reporting).
If you submit feedback, suggestions or ideas to us about the Site or the platform, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use and incorporate that feedback in any way we see fit, without obligation or attribution.
Content disclaimer
The information on the Site is general information only and is not professional advice. Read our Disclaimer for the full position.
Third-party content and links
The Site contains links to external websites (regulators, industry bodies, news, technical references). We provide those links for your convenience. We don't endorse, control or take responsibility for the content of any external site.
Where third-party services are integrated into the Site (e.g. Google Analytics, transactional email providers, the chat widget), those services are subject to their own terms and privacy policies, which you should review separately.
Limitation of liability
To the maximum extent permitted by law:
- The Site is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied (including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement).
- We do not warrant that the Site will be uninterrupted, error-free, secure or virus-free, or that defects will be corrected.
- We are not liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages (including loss of profits, revenues, data, goodwill, business opportunity or anticipated savings) arising from or in connection with your use of the Site, even where we have been advised of the possibility of such damages.
Where a court finds liability cannot be entirely excluded, our aggregate liability to you for all claims arising from or related to the Site is limited (to the extent permitted by law) to AUD$100, or, where you are a paying customer of the RedEarthOne platform under a separate Master Services Agreement, the amount you paid us in the 12 months immediately before the event giving rise to the liability — whichever is greater.
Nothing in these terms limits or excludes:
- any liability for fraud, fraudulent misrepresentation or wilful misconduct;
- any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded; or
- any other liability that cannot lawfully be limited or excluded under applicable law.
Where the Australian Consumer Law applies and we breach a non-excludable consumer guarantee in relation to a service, our liability is limited (to the extent permitted by law) to either re-supplying the service or paying you the cost of having the service re-supplied, at our election.
Indemnity
You agree to indemnify, defend and hold harmless RedEarthOne and its directors, employees, contractors and agents from and against any loss, damage, cost, claim or expense (including reasonable legal fees on a solicitor-client basis) arising directly or indirectly from: (a) your breach of these terms; (b) your misuse of the Site; (c) your infringement of any third party's intellectual property, privacy or other rights; or (d) any content you submit through the Site.
This indemnity does not apply to the extent the loss is caused by our own negligence, wilful misconduct or breach of these terms.
Force majeure
We are not liable for any delay or failure to perform under these terms that is caused by an event outside our reasonable control — including acts of God, natural disasters, fire, flood, drought, pandemic, war, civil unrest, terrorism, government action, regulatory change, third-party network or hosting failure, internet outages, denial-of-service attacks, or any other circumstance that could not reasonably have been anticipated or prevented. We will use reasonable efforts to mitigate the effect of any such event and to resume performance as soon as practicable.
Suspension and termination
We may modify, suspend or discontinue any part of the Site at any time, with or without notice. We may terminate or restrict your access if we believe you have breached these terms.
You may stop using the Site at any time. Sections of these terms intended to survive termination — including intellectual property, limitation of liability, indemnity, and governing-law clauses — will continue to apply.
Changes to these terms
We may update these terms from time to time. The "Updated" date at the top of the page shows the latest revision. Material changes will be announced where practical. Continued use of the Site after a change means you accept the updated terms.
Governing law and dispute resolution
These terms are governed by the laws of New South Wales, Australia. You agree that the courts of New South Wales have exclusive jurisdiction over any dispute arising from or in connection with these terms or the Site, except where applicable law requires a different forum.
Before commencing court proceedings, both parties agree to attempt resolution through the following escalation:
- Written notice — the party raising the dispute gives written notice to the other party describing the dispute and the relief sought.
- Good-faith negotiation — both parties use reasonable efforts to resolve the dispute through good-faith discussion for at least 30 days from the date of the notice (the "cooling-off period").
- Mediation — if the dispute is not resolved within the cooling-off period, either party may refer it to mediation through the Resolution Institute (or another mutually agreed mediator), with the costs of mediation shared equally.
- Court — if mediation does not resolve the dispute within 60 days of referral, either party may commence court proceedings.
Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court where necessary to protect its rights.
Notices
Notices to RedEarthOne under these terms must be in writing and sent to [email protected] or by post to 2/14 Binnacle Court, Yamba NSW 2464, Australia. Notices to you will be sent to the most recent email address you have provided. A notice sent by email is taken to have been received when sent, unless a delivery-failure response is received within 24 hours.
Assignment
You may not assign or transfer any of your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations under these terms to an acquirer of substantially all of our business or to a related body corporate, on written notice to you.
Survival
Any provision of these terms that by its nature is intended to survive termination — including intellectual property, content disclaimer, third-party content, limitation of liability, indemnity, force majeure, governing law and dispute resolution, notices, assignment, and this survival clause — will continue to apply after termination of these terms.
Severability, no-waiver and entire agreement
If a court of competent jurisdiction finds any provision of these terms unenforceable, that provision will (to the extent possible) be read down to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force. Our failure or delay in enforcing any provision is not a waiver of our right to enforce it later, and no single or partial exercise of any right precludes any other or further exercise of that right.
These terms, together with the Privacy Policy, Disclaimer and Cookie Notice, are the entire agreement between you and us about your use of the Site and supersede any prior representations, warranties or agreements on the same subject matter (other than a separate written Master Services Agreement signed by both parties for your use of the RedEarthOne platform itself).
Contact
Questions about these terms? Email [email protected] or write to RedEarthOne, 2/14 Binnacle Court, Yamba, NSW 2464, Australia.