Terms & Conditions

TERMS

1.    Introduction

These Service Terms ("Terms") govern your access to and use of our website, associated web pages, mobile apps, social media platforms, our community platform, and OKE TRADE MATE APIs (collectively referred to as "Sites"). These are provided by OKE TRADE MATE, its subsidiaries, and affiliates.

2.    Eligibility 

You must be at least 18 years old to use our Sites. If you represent another individual or entity, you accept these Terms on their behalf, and they will be held accountable for any breaches.

3.    Acceptance of terms

By using the Sites or agreeing to these Terms through a checkbox, you accept these Terms, including the arbitration clause and class action waiver detailed below. If you disagree with any part of these Terms, do not use the Sites.

We may introduce supplementary terms, guidelines, policies, or rules for specific Sites or OKE TRADE MATE products and services ("Supplementary Terms"). Upon use, these become part of your agreement with us and supersede any conflicting provisions in these Terms.

These Terms may be modified at any time, and your continued usage of the Site after modifications have been made will be regarded as your acceptance of the updated Terms. You should review these Terms periodically for changes. Any use of this Site by you after an updated version of the Terms has been made available indicates your acceptance of the Terms as updated.

4.    Our services

Our services encompass all current and future offerings, including our online and mobile products and any other services we may provide.

5.    Creating a subscription 

Upon establishing a subscription for our services and agreeing to these terms, you are recognised as a subscriber. As a subscriber, you are responsible for paying any subscription fees.

A person who is not a subscriber but is extended an invitation to utilise our services under a subscription is identified as an invited user. As an invited user, you are required to agree to these terms to access our services. Additionally, it's important to note that the subscriber assumes the risk of granting access to invited users.

6.    The right to use our services

Irrespective of whether you are a subscriber or an invited user, we are granting you the right to use our services, which is contingent upon your subscription model, your designated role, and the extent of access provided to you. This right persists as long as the subscription fees are duly paid by the subscriber, until such time as the subscription is discontinued, or, in the case of an invited user, until the revocation of your access rights.

7.    Subscriber role

As a subscriber, it's your responsibility and risk to manage your subscription comprehensively, including who has access to it. This is a significant responsibility. For instance:

•    You can transfer your subscription.

•    You maintain control over who is granted access to the subscription. You decide whether to invite users to our services and determine their level of access, which you can modify or revoke at any time.

•    You are tasked with settling disagreements regarding your subscription's access with invited users.

•    You are accountable for all activities conducted by users you have invited.

8.    Your responsibility

You are committed to maintaining the accuracy of your personal details, including your email address. It's your duty to ensure the information you provide is truthful, precise, and comprehensive. This includes being responsible for the data you input into our system and verifying its accurate capture and the accuracy of any calculations or outputs generated by our services. Ensuring the correctness of these calculations and the results generated by our Sites is essential for meeting your professional service obligations and needs. Additionally, safeguarding your login credentials against theft or misuse is your responsibility. While our service enforces basic password requirements, you are advised to choose highly robust and complex passwords that are not easily decipherable. The more secure your password, the better. 

9.    Intellectual Property

We own everything we’ve put into our services unless explicitly stated otherwise, and this excludes content owned by others. Our ownership extends to rights in the design, compilation, and look and feel of our services, as well as rights in all copyrighted works, trademarks, designs, inventions, and other forms of intellectual property. Unless stated otherwise, all content found on the Sites, including text, graphics, images, and other materials, is the exclusive property of OKE TRADE MATE or its licensors. You are prohibited from copying, distributing, modifying, or creating derivative works from any of our content and from using any of our intellectual property rights in ways not expressly permitted by us. The content and trademarks found on the Sites are protected by copyright and other intellectual property laws. It may not be used, reproduced, modified, distributed, published, stored, transmitted, or commercially exploited without our written consent. Also, the Site's trademarks are legally protected and must not be used without our written permission.

10.    Pricing, payment, and trial period

When you sign up for OKE TRADE MATE, you have the option to start with a 7 day complimentary trial, following the conditions outlined at that moment. 

    

Should you decide to continue with our services post-trial, billing commences immediately at the end of the trial and will be detailed in our pricing plan and accessible on the Sites. If you opt not to proceed with our services after the trial period, you can remove your organisation from our system. We recommend cancelling the subscription prior to the end of the trial period, as you may be charged a subscription fee at the end of the trial period.

Our service usage typically involves a monthly subscription fee that varies according to your chosen subscription plan. This plan includes a detailed description of subscription types, fees, invoicing, payment methods, automatic renewal, and termination guidelines. The fee structure can differ based on your geographical location and is detailed in the offer and on the pricing page. We reserve the right to modify the subscription plan periodically. Any changes to the pricing plan are integral to these terms, and we pledge to inform our subscribers of any such changes timeously. 

For information on changing your subscription plan, refer to OKE TRADE MATE pricing or subscription sections on the Sites. 

Note that subscription fees may or may not include applicable transactional taxes like VAT or GST, depending on your location, as indicated in the pricing plan. Regarding taxes related to your use of our services, you are responsible for all external charges and taxes incurred. This includes any applicable withholding taxes, except in cases where we handle the withholding tax processing. We may gather geographical data to determine your location for tax purposes. Hence, your location information must be accurate for tax residency determination.

Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that we offer. These might incur an additional fee that we’ll let you know about when you sign up for those services.

To continue accessing our services, you must make timely payments based on your selected pricing plan. Please ensure we have accurate payment information to avoid delayed or missed payments. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

11.    Data and Privacy

OKE TRADE MATE uses your data to provide our services. Our privacy notice is an important part of these terms, which describe how we handle personal data, such as your name and email address.

When you input or upload your data into our system, the data remains yours. However, you provide us with a license and permission to utilise, replicate, transmit, save, examine, and secure all data you provide through our services. This includes your own personal data as well as that of others. 

The purpose of this permission is to enable you to:

•    use our service

•    assist us in enhancing, developing, and safeguarding our services;

•    contributes to the creation of new services;

•    facilitates communication with you regarding your subscription;

•    allows us to send you information we believe you might find interesting, in line with your marketing preferences, and 

•    permits us to share this data with third-party service providers and partners to support these objectives.

Our Privacy Policy, which can be found on our website, which sets out in detail how we process personal data, such as your name and email address, that you enter on our Sites.

12.    Confidential information

"Confidential information," as we define it in our interactions, particularly in relation to OKE TRADE MATE services, includes any private or sensitive material exchanged between us during the use of our services. This category encompasses business secrets, proprietary data, personal details, all trade secrets, intellectual property rights, and other information that OKE TRADE MATE or third parties strive to protect from unrestricted public access. 

Both OKE TRADE MATE and you, as the Subscriber or User, commit to reasonable efforts to shield this Confidential Information from unauthorised disclosure. It is important to understand that you, as the User or Subscriber, understand that our best efforts are taken to protect all information. Still, there is always a risk in uploading information to the Sites or any public platform. As such, you acknowledge the risk and relinquish any claims that you may have against OKE TRADE MATE for any loss of confidential information, and indemnify OKE TRADE MATE for any damages or loss of profits suffered. 

Additionally, you are expected not to reproduce any Confidential Information obtained through OKE TRADE MATE Sites or platforms except as expressly authorised at the point of disclosure. Reproductions should preserve all original confidential or proprietary notices and remain the property of OKE TRADE MATE or the third party that provided the information. You are obliged to take 'reasonable steps'—comparable to those you would employ to protect your confidential information and at least adhere to industry standards—to maintain the confidentiality of the information. These steps should include using the Confidential Information solely as authorised and refraining from disclosing it to any party without prior written consent from OKE TRADE MATE or the relevant third party. Your rights to the Confidential Information are confined to the limited rights explicitly described in this agreement. Under no circumstances are you permitted to use the Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute, or generate derivative works based on OKE TRADE MATE's Sites, software or online platforms or to compete with them in any capacity.

13.    Security

At OKE TRADE MATE, we have dedicated considerable resources to developing robust technical, physical, and administrative barriers to bolster the safety and security of your data. Despite these efforts, it’s important to acknowledge that no electronic storage system is infallible, and absolute security cannot be wholly guaranteed. Should we have reasons to suspect unauthorised access (or potential access) to your account, we will promptly inform you. Additionally, we might limit access to certain parts of our services until we can confirm that any access was by an authorised user.

We may implement additional security measures, such as multi-factor authentication, to further secure your account. The requirement to use these features might vary depending on your location or the specific services you are using. In instances where using certain security features is optional, you are responsible for any repercussions arising from opting not to use them. We highly recommend taking advantage of all optional security features to fortify your account.

You play a critical role in safeguarding your data. This includes maintaining the confidentiality of your login credentials, ensuring no one else uses them, and upholding strong security on your systems. Suppose you ever discover unauthorised use of your password or any security breaches related to your account or the associated email address. In that case, it is imperative to notify us immediately. 

14.    Third-party applications and products

We may enhance your experience by incorporating a variety of apps and services offered by our trusted partners, accessible through different App Stores and platforms. This includes certain functionalities, like our mobile apps or multi-currency features, provided via services of other companies, such as The Apple App Store. When using our services, you might also engage with data, services, and apps from other companies, known as third-party products. The providers of these third-party products are independent entities and might charge additional fees on top of what you pay us. It's important to note that these third-party products are governed by their terms and conditions and privacy policies, covering crucial details like pricing, refund policies, and how these providers will use your data. We advise you to thoroughly review and agree to their terms and understand their data usage policies before establishing a connection.

The providers themselves supply the descriptions and links of third-party products we publish. While we put in reasonable efforts to verify the accuracy of these descriptions, the providers bear sole responsibility for the accuracy of their representations. Please be aware that we do not endorse or assume responsibility for these third-party products. If you integrate your OKE TRADE MATE subscription with any third-party products, we will handle your personal data to facilitate this connection. In instances where we receive data from this connection, we will process it in accordance with our privacy notice and terms.

15.    Maintenance, downtime, and data loss

At OKE TRADE MATE, we prioritise keeping our services running smoothly, but there are times when maintenance is essential for updates and security enhancements. It's important to understand that you might experience downtime or access issues during these periods, and data loss is possible. Therefore, we strongly recommend regularly backing up your data.

We aim to ensure our services are available continuously and provide online support. However, maintenance activities are occasionally required and may result in temporary unavailability. We endeavour to minimise this downtime and, when feasible, will inform you about planned maintenance in advance, although such notifications cannot be guaranteed.

The unpredictable nature of the internet means that access to our services and your data might be intermittently disrupted for various reasons. It's essential to acknowledge that data loss is a risk inherent in using any technology, including our services. You are responsible for maintaining your own backups of data you input into our services. 

Please note that OKE TRADE MATE will not be liable for any damages or losses arising from downtime, maintenance, access issues, or data loss. In these situations, your only recourse is to discontinue the use of our services.

We provide extensive support services through our help centre for any issues you encounter. Our support team is reachable via our website if you need further help after consulting these resources.

We continuously release updates, modifications, and enhancements to our services, and occasionally some features may be discontinued. We will notify you of practical changes via email, blog updates, or directly within our services upon your login.

16.    How you can't use our services

At OKE TRADE MATE, we have established guidelines to safeguard the security and integrity of our Sites, computing systems and networks. It's essential to use our services in a manner that does not impair their functionality or interfere with others' use. Unauthorised system access is strictly prohibited. Introducing or uploading materials containing viruses or harmful code is not allowed. Additionally, refrain from sharing content that could be offensive, unlawful, or infringe upon the intellectual property or other rights of others.

Altering, copying, adapting, reproducing, disassembling, decompiling, reverse engineering, or extracting the source code of any part of our services is forbidden. Our services must not be resold, leased, or provided in any unauthorised manner, including repackaging, reselling, or sublicensing any leads or data acquired from our services.

Engaging in fraudulent or other illegal activities through our services is prohibited. Equally important is conducting oneself respectfully towards OKE TRADE MATE employees, partners, and customers, with a firm policy against any form of abuse or bullying, especially during interactions with our support teams.

Furthermore, activities that manipulate or exploit vulnerabilities in our systems send unsolicited communications, or harm OKE TRADE MATE's reputation or business are not permitted. You are also expected to respect the privacy and intellectual property rights of others, avoiding unauthorised collection or harvesting of personal data. Adhering to these guidelines helps us maintain a secure, efficient, and respectful user environment. 

17.    Termination

At OKE TRADE MATE, managing your subscription is straightforward. You have the option to end your subscription by giving one month's written notice. Similarly, OKE TRADE MATE reserves the right to terminate your subscription with the same notice period. However, if there is a violation of these terms on your part, we may need to terminate your subscription immediately.

Your subscription remains active for the duration covered by your paid or payable subscription fee. At the end of each billing cycle, the subscription automatically renews for an equivalent period, provided the subscription fee is paid in accordance with our pricing plan. You can opt to terminate your subscription anytime, but it requires one month's written notice. You are still obligated to pay all applicable subscription fees up until the termination date. 

OKE TRADE MATE may terminate your subscription by providing a month's written notice. Immediate termination or suspension of your subscription or access to data may occur if you breach any of these terms and fail to remedy the breach within 14 days of notification if the breach is irremediable, if subscription fees are unpaid, or if you or your business faces insolvency or related financial difficulties.

In the event of termination, either by you or by OKE TRADE MATE, no refunds will be issued as per these terms. Post-termination, your subscription is archived, and your submitted or created data becomes inaccessible. This data is retained for a period as per our data retention policy. You can reactivate your subscription and regain access to your data during this period by settling any outstanding subscription fees. For information on reactivation, please consult our support resources. We keep your data to fulfil record retention requirements, but you can request its complete removal if desired.

18.    Disclaimer of liability

Your usage of the Sites and their content is solely at your own risk.

OKE TRADE MATE will endeavour to ensure that the content provided on its Sites is current. However, it cannot guarantee that the material displayed is free from technical inaccuracies, typographical errors, or other human or mechanical errors or defects. OKE TRADE MATE cannot be held responsible for any errors or omissions on the Site.

OKE TRADE MATE is not accountable to you or any other person for any direct or consequential damages incurred in connection with the use of its Sites. By utilising the Sites, you accept the responsibility and agree to indemnify OKE TRADE MATE for any and all losses, costs (including legal costs), expenses, demands or liability that you 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).

Our services and all third-party products are available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

To the extent permitted by law, OKE TRADE MATE assumes no responsibility for any content (including advertising material) posted to the Sites by third parties, including any errors, omissions, or inaccuracies.

OKE TRADE MATE retains the right to modify, change, discontinue, or vary any feature or aspect of the Sites or its hours of availability without prior notice or liability.

19.    Limitation of liability

Under the extent allowed by relevant law, OKE TRADE MATE and its related parties will not be held liable to you for any indirect, consequential, incidental, or special damages, or for lost profits, regardless of the liability theory—be it contract, tort, negligence, warranty, or otherwise. This holds even if OKE TRADE MATE or its associated entities have been informed about the possibility of such damages.

The aggregate liability of OKE TRADE MATE and its related parties for any claims arising from or related to these Terms or our services, irrespective of the action's nature, will be capped at $100.

The limitations specified in this section regarding the limitation of liability do not restrict or negate OKE TRADE MATE’s liability for scenarios where liability cannot be excluded or limited under applicable law. Moreover, certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, hence the aforementioned limitations or exclusions may not be applicable to you.

20.    Your liability to us

Under the principles upheld by the courts, you are responsible for any negligence or breach of the Sites Terms. 

21.    Force majeure and events outside of our control 

We strive to manage what's within our control to the best of our ability. However, due to events or circumstances beyond our reasonable control, we cannot be held responsible for any failure or delay in fulfilling our obligations under these terms.

22.    No unlawful infringing activity

It is strictly prohibited to utilise the Site for any activity that violates laws or regulations, infringes on a third party's rights or privacy, or contravenes any relevant codes or standards, including community standards. Posting or transmitting any material or information that goes against the above guidelines is also prohibited. Moreover, you are responsible for ensuring that no other person can engage in such activities.

23.    No professional advice 

OKE TRADE MATE is not a professional services entity and does not engage in providing any form of professional advice. While we may offer information that could help manage the operations of a business, it's important to understand that this is not intended to replace professional guidance or advice. OKE TRADE MATE cannot be held responsible for how you choose to use this information, and it should not be considered a substitute for expert advice in your decision-making processes.

24.    Disabling your subscription and blocking access

As OKE TRADE MATE operates globally, we recognise that different countries have varying laws that could impact our relationship with you. In cases where there's a reasonable risk, such as a potential violation of laws or regulations, we reserve the right to restrict your access, terminate your subscription, or decline to process a payment.

25.    Relationship between the parties

In the Terms outlined, nothing should be interpreted as establishing a partnership, joint venture, employment, or agency relationship between you and OKE TRADE MATE or between you and any other subscriber or invited user. The responsibility for resolving any disputes that arise between you and other subscribers or invited users rests solely with you. OKE TRADE MATE reserves the right to assign these terms, or any of our rights or obligations under these terms, to another entity within the OKE TRADE MATE group as we see fit.

26.    No viruses or interference 

Transmitting any virus, information, or material through the Site that interferes with its proper functioning or makes unauthorised changes is prohibited. Moreover, it is not permitted to use the Site in a manner that obstructs other users from accessing it or to harass, defame, threaten, or offend any individual. Furthermore, you must ensure that no other person is permitted or enabled to perform any of the aforementioned actions.

27.    Inconsistent terms

If these Terms differ from any other terms shown on specific pages of the Sites ("other terms"), the other terms will prevail to the extent of the inconsistency.

28.    No waiver for breaches

Failure on our part to take action in response to a breach of the Site Terms by you does not constitute a waiver of our right to take action against that breach or any subsequent breach by you. Similarly, failure on your part to take action in response to a breach of the Site Terms by us does not waive your right to take action against that breach or any subsequent breach by us.

29.    Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms. It will not affect the validity and enforceability of any remaining provisions.

30.    Disputes

Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team.

31.    Governing Law

By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of New South Wales, Australia. If you access this Site from other jurisdictions, you are also responsible for compliance with local laws.

32. Section X: Compliance with EU Geo-blocking Regulation

X.1 Compliance Commitment

Oke Financial Services Pty Ltd is committed to complying with the provisions of the Geo-blocking Regulation (EU) 2018/302. We ensure that access to our goods and services, including online content, is not unjustifiably restricted or denied based on a customer's nationality, place of residence, or place of establishment within the European Union (EU).

X.2 Non-Discrimination in Access

All users from the EU are entitled to access our services and content without being subject to unjustified geo-blocking or redirection. Oke Financial Services Pty Ltd does not restrict users' access to our website or online services based on their EU member state location, nor do we automatically redirect users to different versions of our site based on their geographical location without explicit consent.

X.3 Equality in Terms and Conditions

Oke Financial Services Pty Ltd offers the same terms and conditions to all our customers within the EU. This includes, but is not limited to, pricing, payment terms, availability of goods and services, and promotional offers, ensuring that there is no discrimination based on nationality, place of residence, or place of establishment.

X.4 Payment Processing

We accept payments from all EU customers without discrimination. Payment methods offered by Oke Financial Services Pty Ltd are available to all EU customers, provided the chosen payment method is supported in the customer's member state and meets our security and fraud prevention requirements. Oke Financial Services Pty Ltd does not apply different conditions for payment transactions based on the customer's nationality, place of residence, or place of establishment within the EU.

X.5 Customer Service and Complaints

Oke Financial Services Pty Ltd provides customer service support to address any questions or complaints regarding access to our goods and services in compliance with the Geo-blocking Regulation. Customers who believe they have been unjustifiably geo-blocked or discriminated against based on their location within the EU are encouraged to contact our customer service team at info@oketrademate.com.au

X.6 Modifications to This Section

Oke Financial Services Pty Ltd reserves the right to update this section of our terms and conditions to reflect any changes in our practices or to remain compliant with the Geo-blocking Regulation (EU) 2018/302. Any modifications will be communicated to our customers through our website or via email.

33. For services purchased in currencies other than Australian Dollars (AUD), the exchange rate to AUD will be determined based on the prevailing rate provided by Stripe at the time of transaction. Our exchange rates are updated daily, reflecting the latest market trends.

Please note, the exchange rate applied to your transaction will be the rate in effect at the time of the transaction's final processing. Due to fluctuations in the foreign exchange market, there may be a difference between the rate at the time of payment and the rate at the time of processing.

All transactions and refunds are processed in Australian Dollars (AUD). For refunds, the amount returned in your local currency may differ from the original amount paid in local currency due to changes in the exchange rate. Oke Financial Services Pty Ltd is not responsible for any loss due to exchange rate fluctuations.

Customers are also responsible for any additional fees or charges imposed by their bank or payment processor for currency conversion. We recommend consulting with your bank or payment processor to understand all applicable fees.