RentAAA (Starr Group Pty Ltd) - TERMS & CONDITIONS OF USE
- 1. About the Website
- a. Welcome to Starr365.com (the 'Website'). The Website allows you to access and use the
Starr365 (the 'Services').
- b. The Website is operated by Starr Group Pty Ltd, ACN/ABN 98 637 444 798 . Access to and
use of the Website, or any of its associated Products or Services, is provided by Starr
Group Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using,
browsing and/or reading the Website, this signifies that you have read, understood and agree
to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
- c. Starr Group Pty Ltd reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Starr Group Pty Ltd updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the
Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
- 2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. Where the option is available in the user
interface, you may also accept the Terms by clicking to accept or agree to the Terms.
- 3. About the Service
- a. Starr365 is cloud based software application (SaaS) providing subscription based service
to a wide variety of businesses.
- b. You acknowledge and agree that the accounts offered, as well as the account features may
change from time to time, and may be governed by separate terms which apply specific to the
account. Where special account-specific terms apply, you will be informed, and must accept
those terms before you are given such an account. For the avoidance of doubt these Terms
apply unless otherwise agreed or amended by account-specific terms.
- c. Some accounts may be governed by a separate Software Licensing Agreement with Starr Group
Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply
unless otherwise agreed or amended by the terms of an applicable Software Licensing
Agreement.
- 4. Acceptable use of the Service
- a.1 Starr365, its related features, and website must only be used lawfully. Starr Group Pty
Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts
who use the service:
- (A) Tampering with, reverse-engineering, or hacking our servers.
- (B) Modifying, disabling, or compromising the performance of Starr365 or other Starr Group
Pty Ltd services.
- (C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably
large load on our systems that consume extraordinary resources.
- (D) Compromising the integrity of our system, including probing, scanning and testing the
vulnerability of our system unless expressly permitted by Starr Group Pty Ltd.
- b. For any illegal purpose, or to violate any laws, including and without limitation to
data, privacy, and export control laws.
- c. To stalk, harass or threaten users and any member of the public.
- d. To misrepresent or defraud any user or member of the public through phishing, spoofing,
manipulating headers or other identifiers, impersonating anyone else, or falsely implying
any sponsorship or association with Starr Group Pty Ltd or any third party
- e. To access or search any part of the Service, or any other Service owned by Starr Group
Pty Ltd other than our publicly supported interface, or otherwise allowed for in an
applicable Software Licensing Agreement.
- f. To post, upload, share, or otherwise circulate content in violation of Starr365’s content
policy
- 5. Security and Data Privacy
- Starr Group Pty Ltd takes your privacy seriously and information provided through your use of the
Website and/or Services are subject to Starr Group Pty Ltd’s Privacy Policy, which is available on
the Website. The Privacy Policy also addresses Starr Group Pty Ltd’s processes, policies, and
obligations in respect of Starr365 security breaches.
- 6. Data Use
- Starr Group Pty Ltd collects, stores, and processes your data on Starr365. The data is used to
provide Services to you, as well as to facilitate Starr Group Pty Ltd’s business operations. The
Privacy Policy outlined how your data is collected, stored, and processed by Starr Group Pty Ltd.
The Privacy Policy also addresses Starr Group Pty Ltd's processes, policies, and obligations in
respect of data encryption and removal requests.
- 7. Subscription to use the Service
- a. In order to access the Services, you must first subscribe through the Website (the
'Subscription') and after purchasing a Subscription, you will be considered a member
(‘Member’).
- b. In purchasing the Subscription, you acknowledge and agree that it is your responsibility
to ensure that the Subscription you elect to purchase is suitable for your use.
- c. An invoice will be issued monthly and will be accessible through your account. Payment
should be made in full before the due date. Failure to do so will result in temporary
suspension of subscription and all associated costs. Any loss will be solely your
responsibility.
- d. As part of the registration process, or as part of your continued use of the Services,
you may be required to provide personal information about yourself (such as identification
or contact details), including but not limited to name, address, phone number, email, driver
license, bank details.
- e. You warrant that any information you give to Starr Group Pty Ltd in the course of
completing the registration process will always be accurate, correct and up to date.
- f. Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms ("User"). As a Member you will be granted
immediate access to the Services from the time you have completed the registration process
until the subscription period expires (the 'Subscription Period').
- g. You may not use the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with Starr Group Pty Ltd; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you use the
Services
- 8. Payments
- a. Subject to the terms of any applicable Software License Agreement, the Subscription Fee
may be paid by all payment methods available on the Website, and may change from time to
time.
- b. Payments made in the course of your use of Starr365 may be made using third- party
applications and services not owned, operated, or otherwise controlled by Starr Group Pty
Ltd. You acknowledge and agree that Starr Group Pty Ltd will not be liable for any losses or
damage arising from the operations of third-party payment applications and services. You
further acknowledge and warrant that you have read, understood and agree to be bound by the
terms and conditions of the applicable third-party payment applications and services you
choose to use as a payment method for Starr365 services.
- c. You acknowledge and agree that where a request for the payment of the Subscription Fee is
returned or denied, for whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Subscription Fee.
- d. You agree and acknowledge that Starr Group Pty Ltd can vary the Subscription Fee at any
time and that the varied Subscription Fee will come into effect following the conclusion of
the existing Subscription.
- 9. Refund Policy
- Starr Group Pty Ltd will only provide you with a refund of the Subscription Fee in the event they
are unable to continue to provide the Services or if the manager of Starr Group Pty Ltd makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where
this occurs, the refund will be in the proportional amount of the Subscription Fee that remains
unused by the Member (the 'Refund').
- 10. Copyright and Intellectual Property
- a. The Website, the Services and all of the related products of Starr Group Pty Ltd are
subject to copyright. The material on the Website is protected by copyright under the laws
of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips, Website code,
scripts, design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by Starr Group Pty Ltd or its contributors.
- b. All trademarks, service marks and trade names are owned, registered and/or licensed by
Starr Group Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable
license whilst you are a User to:
- (i) use the Website pursuant to the Terms;
- (ii) copy and store the Website and the material contained in the Website in your device's
cache memory; and
- (iii) print pages from the Website for your own personal and non-commercial use.
- c. Starr Group Pty Ltd does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Starr Group Pty Ltd.
- d. Starr Group Pty Ltd retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer any:
- (i) business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
- (ii) a right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
- (iii) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process), to you.
- e. You may not, without the prior written permission of Starr Group Pty Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely available for
re-use or are in the public domain.
- 11. General Disclaimer
- a. Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
- b. Subject to this clause, and to the extent permitted by law:
- (i) all terms, guarantees, warranties, representations or conditions which are not expressly
stated in the Terms are excluded; and
- (ii) Starr Group Pty Ltd will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable resulting from our failure
to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Services or these Terms (including as a
result of not being able to use the Services or the late supply of the Services), whether at
common law, under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
- c. Use of the Website and the Services is at your own risk. Everything on the Website and
the Services is provided to you "as is" and "as available" without warranty or condition of
any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Starr Group Pty Ltd make any express or implied representation or warranty
about the Services or any products or Services (including the products or Services of Starr
Group Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or
damage you might suffer as a result of any of the following:
- (i) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records;
- (ii) the accuracy, suitability or currency of any information on the Website, the Services,
or any of its Services related products (including third party material and advertisements
on the Website);
- (iii) costs incurred as a result of you using the Website, the Services or any of the
products of Starr Group Pty Ltd; and
- (iv) the Services or operation in respect to links which are provided for your convenience.
- 12. Limitation of Liability
- a. Starr Group Pty Ltd's total liability arising out of or in connection with the Services
or these Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- b. You expressly understand and agree that Starr Group Pty Ltd, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to, any
loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
- 13. Termination of Contract
- a. The Terms will continue to apply until terminated by either you or by Starr Group Pty Ltd
as set out below.
- b. If you want to terminate the Terms, you may do so by:
- (i) not renewing the Subscription prior to the end of the Subscription Period;
- (ii) providing Starr Group Pty Ltd with 30 days’ notice of your intention to terminate; and
- (iii) closing your accounts for all of the services which you use, where Starr Group Pty Ltd
has made this option available to you.
- c. Any notices pursuant to Clause 13.2 above should be sent, in writing, to Starr Group Pty
Ltd via the 'Contact Us' link on our homepage.
- d. Starr Group Pty Ltd may at any time, terminate the Terms with you if:
- (i) you do not renew the Subscription at the end of the Subscription Period;
- (ii) you have breached any provision of the Terms or intend to breach any provision;
- (iii) Starr Group Pty Ltd is required to do so by law;
- (iv) the provision of the Services to you by Starr Group Pty Ltd is, in the opinion of Starr
Group Pty Ltd, no longer commercially viable.
- e. Subject to local applicable laws, Starr Group Pty Ltd reserves the right to discontinue
or cancel your Subscription or Account at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without notice
if you breach any provision of the Terms or any applicable law or if your conduct impacts
Starr Group Pty Ltd's name or reputation or violates the rights of those of another party.
- 14. Indemnity
- You agree to indemnify Starr Group Pty Ltd, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
- a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with your content;
- b. any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or
- c. any breach of the Terms.
- 15. Dispute Resolution
- 15.1. Compulsory
- If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
- 15.2. Notice
- A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
- 15.3. Resolution:
- On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
- a. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously
by negotiation or such other means upon which they may mutually agree;
- b. If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request that an
appropriate mediator be appointed by the President of the Australian Disputes Centre or his
or her nominee;
- c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the
cost of the venue of the mediation and without limiting the foregoing undertake to pay any
amounts requested by the mediator as a pre-condition to the mediation commencing. The
Parties must each pay their own costs associated with the mediation;
- d. The mediation will be held in Sydney, Australia.
- 15.4 Confidential:
- All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
- 15.5 Termination of Mediation:
- If 90 have elapsed after the start of a mediation of the Dispute and the Dispute has not
been resolved, either party may ask the mediator to terminate the mediation and the mediator
must do so.
- 16. Venue and Jurisdiction
- The Services offered by Starr Group Pty Ltd is intended to be viewed by residents of Australia. In
the event of any dispute arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of New South Wales.
- 17. Governing Law
- The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim
of whatever nature arising out of or in any way relating to the Terms and the rights created hereby
shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales,
Australia without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.
- 18. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both
parties having taken the opportunity to obtain independent legal advice and declare the Terms are
not against public policy on the grounds of inequality or bargaining power or general grounds of
restraint of trade. 19. Severance If any part of these Terms is found to be void or unenforceable by
a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain
in force.
- Last UpDated – 10th May 2023 4:00PM