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LOWBAKE DIGITAL PTY LTD (ABN 18 628 125 708)

TERMS AND CONDITIONS OF TRADE

Please ensure you carefully read all Terms below. In particular, we draw your attention to the following key clauses:
• Clause 2: These Terms apply to every Agreement and cannot be varied or replaced without Lowbake Digital’s agreement.
• Clause 3: Lowbake Digital may vary its pricing to account for, among other things, requested variation or costs of production.
• Clause 5: If you default in making payment of amounts owed to Lowbake Digital, you may incur further costs including interest.
• Clause 10: Subject to non-excludable rights under the ACL, Lowbake Digital limits its liability to the maximum extent allowed.

1. Definitions
In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Agreement means any agreement for the provision of goods or services by Lowbake Digital to the Customer;
Confidential Information means a party’s:
(a) business, customer, financial and supplier information and listings, price structures and databases;
(b) technical information, marketing and sales plans, and strategies;
(c) information which, by its nature, places that party at an advantage over its competitors; or
(d) information of any other kind that would otherwise at law be considered confidential or secret;
whether or not marked confidential, but does not include information which:
(e) at the time of first disclosure by a party to the other party is already in the public domain; or
(f) at the time of first disclosure by a party to the other party, is already known to the other party; or
after disclosure to the other party, becomes part of the public domain other than by disclosure in breach of the provisions of these Terms;
consumer is as defined in the ACL;
consumer contract is as defined in the ACL;
Customer means the person, jointly and severally if more than one, acquiring goods or services from Lowbake Digital;
Force Majeure Event means an event beyond the reasonable control of a party including, without limitation. accident, act of God, act of government, act or threat of terrorism or war, breakdown, cyclone, earthquake, epidemic, export/import restriction, fire, flood, hurricane, industrial dispute, lockout, pandemic, quarantine, strike, travel restriction, or tsunami;
goods means goods supplied by Lowbake Digital to the Customer;
GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
Initial Term means, where Lowbake Digital provides its goods or services on a subscription basis, the Initial Term as indicated in Lowbake Digital’s Proposal or Quotation;
Lowbake Digital means Lowbake Digital Pty Ltd (ABN 18 628 125 708);
Order means an order made by the Customer to Lowbake Digital for provision of services on these Terms;
Privacy Act means the Privacy Act 1988 (Cth), the Australian Privacy Principles, and associated Regulations as amended
Proposal means a written proposal for proposed supply of goods or services by Lowbake Digital to the Customer, as may be updated by agreement by the parties in writing from time to time;
Quotation means a written quotation for proposed supply of services by Lowbake Digital to the Customer;
services means services supplied by Lowbake Digital to the Customer;
small business contract is as defined in the ACL; and
Terms means these Terms and Conditions of Trade.

2. Basis of Agreement
2.1. Unless otherwise agreed by Lowbake Digital in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).
2.2. Any Quotation provided by Lowbake Digital to the Customer for the proposed supply of goods or services is:
(a) valid for 30 days;
(b) an invitation to treat only; and
(c) only valid if in writing.
2.3. The Terms may include additional terms in Lowbake Digital's Quotation, which are not inconsistent with the Terms.
2.4. An Agreement is made by Lowbake Digital when Lowbake Digital expressly accepts an Order from the Customer or provides the Customer with the goods or services.
2.5. Lowbake Digital may refuse to accept any Order.
2.6. The Customer must provide Lowbake Digital with its specific requirements, if any, in relation to the goods and services.
2.7. Lowbake Digital may amend or vary these Terms by written notice to the Customer, and such amendment or variation will apply to Quotations or Orders after the notice date.

3. Pricing
3.1. Unless otherwise agreed by the parties in writing, Lowbake Digital will provide its goods and services to the Customer:
(a) on a subscription basis; or
(b) on an ad hoc basis in response to a specific request; or
(c) partly on a subscription basis and partly ad hoc;
as set out in Lowbake Digital’s Proposal or Quotation documents.
3.2. Unless otherwise agreed by the parties in writing:
(a) prices stated in a Proposal or Quotation do not include GST or any other duties or taxes applicable to the provision of the services; and
(b) the Customer agrees to, and must, pay to Lowbake Digital an amount equal to the applicable GST, duties and taxes, in addition to the price of the services.
3.3. Where Lowbake Digital provides its goods or services on a subscription basis:
(a) Lowbake Digital may alter or vary its price at any time;
(b) any such alteration or variation to the price takes effect at the commencement of the next billing interval; and
(c) if the Customer does not accept any alteration or variation to the price make in accordance with this clause, it may terminate the Agreement by providing notice in writing prior to the commencement of the next billing interval, with such termination to take effect from the commencement of the next billing interval.
3.4. Where Lowbake Digital provides its goods or services on a subscription basis or an ad hoc basis, if the Customer requests any variation to the Agreement, Lowbake Digital may notify the Customer of its intention to vary the price to account for the variation, and in response the Customer may:
(a) accept the varied price, and continue under the Agreement as varied; or
(b) reject the varied price, in which case the Customer’s request for a variation is deemed to be withdrawn and the parties continue under the Agreement as originally intended.
3.5. Where Lowbake Digital provides its goods or services on an ad hoc basis, if:
(a) the Agreement is not a consumer contract or a small business contract; and
(b) there is any change in the costs incurred by Lowbake Digital in relation to provision of the services;
Lowbake Digital may vary its price to take account of any such change by notifying the Customer, and the Customer is required to pay such varied amount.
3.6. Where Lowbake Digital provides its goods or services on an ad hoc basis, if:
(a) the Agreement is a consumer contract or a small business contract; and
(b) there is any change in the costs incurred by Lowbake Digital in relation to provision of the services;
Lowbake Digital may notify the Customer of its intention to vary its price to account for such change, and in response the Customer may:
(c) accept the varied price, and continue under the Agreement as varied; or
(d) reject the varied price, and if the parties are unable to agree on a price to take account of the relevant change, the Customer may terminate the Agreement.

4. Payment
4.1. Unless otherwise agreed by the parties in writing:
(a) where Lowbake Digital provides its goods or services on an ad hoc basis, full payment for the services must be made within 30 days of the date of Lowbake Digital’s invoice, without deduction or set-off; and
(b) where Lowbake Digital provides its goods or services on a subscription basis, full payment must be made in full by no later than the date specified by Lowbake Digital for each billing interval, in the manner set out in the Proposal or Quotation (as applicable).
4.2. Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
4.3. Payment terms may be amended or revoked by Lowbake Digital immediately upon giving the Customer written notice.
4.4. The time for payment is of the essence.

5. Payment Default
5.1. If the Customer defaults in payment by the due date of any amount payable to Lowbake Digital, then without prejudice to any of its other accrued or contingent rights:
(a) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2% for the period from the due date until the date of payment in full;
(b) charge the Customer for, and the Customer must indemnify Lowbake Digital from, all costs and expenses (including without limitation all legal costs and expenses) reasonably incurred by it resulting from the default or in taking action to enforce the Agreement;
(c) cease or suspend supply of any further goods or services to the Customer;
(d) by written notice to the Customer, terminate any uncompleted contract with the Customer.
5.2. Subject to any applicable statutory stay, clauses 5.1(c) and 5.1(d) may also be relied upon, at Lowbake Digital's option:
(a) where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.

6. Performance of Agreement
6.1. Any period or date for delivery of goods or provision of services stated by Lowbake Digital is an estimate only and not a contractual commitment.
6.2. Lowbake Digital will use its reasonable endeavours to meet any estimated dates for delivery of the goods and provision of services but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
6.3. If Lowbake Digital cannot complete the services by any estimated date, it will do so within a reasonable time.
6.4. The Customer acknowledges and agrees that:
(a) Lowbake Digital’s services may involve the use of, connection to, and / or connection of goods or equipment to, the Internet (Internet Use);
(b) the Customer is responsible for ensuring it has on hand such hardware and connectivity infrastructure as may be necessary to facilitate the Internet Use;
(c) Lowbake Digital does not guarantee or warrant that any such Internet Use will be available, reliable, uninterrupted, free from error, or is free from any virus;
(d) Lowbake Digital does not guarantee or warranty that any such Internet Use is impenetrable, unbreachable or otherwise beyond or safe from cyber-attack;
(e) the Customer’s Internet Use is at its own risk; and
(f) to the maximum extent permitted at law, Lowbake Digital excludes liability for any damage or loss arising from any breach or cyber-attack on or during such Internet Use.

7. Passing of Property
7.1. Until Lowbake Digital receives full payment in cleared funds for all goods and services supplied by it to the Customer, title and property in all goods remain vested in Lowbake Digital and do not pass to the Customer;

8. Cancellation or termination
8.1. Except as expressly provided for in these Terms, or as otherwise agreed by the parties in writing, neither party may unilaterally cancel an Order or subscription once it has been accepted, and any attempt by either party to do so will be void.
8.2. Where Lowbake Digital provides its goods or services on a subscription basis, the Customer may terminate its subscription at any time after expiry of the Initial Term by giving 30 days’ notice in writing to Lowbake Digital.

9. Confidentiality
9.1. Each party must keep the Confidential Information of the other party strictly confidential, and not disclose such Confidential Information to any other party except:
(a) with prior, written consent; or
(b) where compelled by law to do so; or
for the purpose of obtaining bona fide accounting or legal advice.

10. Liability
10.1. Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, description or performance of the services or any contractual remedy for their failure.
10.2. If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against Lowbake Digital for failure of a statutory guarantee under the ACL.
10.3. To the maximum extent permitted at law, Lowbake Digital’s liability to the Customer arising in any way under an Agreement or these Terms is limited to:
(a) repair or replacement of goods;
(b) supply of equivalent goods;
(c) payment of the cost of repair or replacement goods;
(d) payment of the cost of supply of equivalent goods;
(e) the re-supply of the services; or
(f) payment of the cost of having the services re-supplied.
10.4. Lowbake Digital is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent imposed by the ACL.
10.5. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of services which cannot be excluded, restricted or modified.

11. Force Majeure
11.1. Subject to clause 11.2, neither party will be liable in any way howsoever arising under an Agreement or these Terms to the extent it is prevented from acting by a Force Majeure Event.
11.2. Nothing in this clause Error! Reference source not found. operates to excuse the Customer from any obligation to pay money to Lowbake Digital.
11.3. If a party is prevented from acting by reason of a Force Majeure Event, that party must:
(a) promptly notify the other party of the existence and expected duration of the Force Majeure Event;
(b) take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event insofar as it is preventing the performance of the party’s obligation;
(c) subject to clause 11.4, resume performance of the obligation prevented by the Force Majeure Event as soon as possible after the Force Majeure Event ceases.
11.4. If a Force Majeure Event prevents performance of an obligation beyond 60 days, either party may terminate the Agreement by written notice.

12. Miscellaneous
12.1. The law of Victoria from time to time governs the Terms.
12.2. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
12.3. A party’s failure to enforce any of these Terms shall not be construed as a waiver of any of that party’s rights.
12.4. If a provision of these Terms is unenforceable it must be read down to be enforceable or, if it cannot be read down, it must be severed from the Terms, without affecting the enforceability of the remaining terms.
12.5. A notice must be in writing and handed personally or sent by email or prepaid mail to the addressee’s last known address.
12.6. Each party must comply with the requirements of the Privacy Act, insofar as such requirements apply to them.
12.7. Lowbake Digital deals with personal information in accordance with the terms of its Privacy Policy located at: [insert address / link].
12.8. To the maximum extent permitted at law, neither party will be liable to the other party or any third party for any contravention of the Privacy Act to the extent:
(a) such contravention is undertaken by a former employee or contractor; and
(b) such former employee or contractor has acted in breach of its post-employment or post-contract obligations.

LOWBAKE DIGITAL PTY LTD (ABN 18 628 125 708)

PRIVACY POLICY

Lowbake Digital Pty Ltd (we, our, us) recognises and respects the importance of your privacy and understands your concerns about the security of the personal information provided to us.
We are sensitive to privacy issues and take seriously the ongoing trust our customers have placed in us. We have committed to compliance with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs), which detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.
Scope
This Privacy Policy (Policy) describes how we collect and process your personal information. By submitting your personal information to us, you acknowledge that you have read and understood, and agree to the use of your personal information in accordance with this Policy.
We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes.
Definitions
Personal information means information and/or opinion (including information or opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual who is identifiable, whose identity is apparent, or whose identity can reasonably be ascertained, from the information or opinion.
Sensitive information, a sub-set of personal information, is information or an opinion about an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices or criminal record, and includes health information and genetic information.
What personal information we collect and hold
We aim only to collect personal information by lawful and fair means, in accordance with the Privacy Act. In the course of doing business with you, we endeavour to collect business information only. However, the collection of personal information in some instances is necessary or unavoidable.
We aim only to collect personal information for purposes which are reasonably necessary for, or directly related to our business functions, the provision of our goods and services, and other activities as permitted under the Privacy Act.
In our business, we provide digital services, including SIMs, apps and customer portal interfaces, and provide data storage services, in respect of connected equipment. The kinds of personal information we collect from you or about you depend on the transaction you have entered into with us, the goods / services you or your organisation have contracted us to provide, and the goods / services you or your organisation are interested in.
If you are a current or prospective customer of our digital services, apps and portals, then the kinds of personal information that we commonly collect and hold from you or about you include, for example:
• your name;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your installation address;
• your account name, password and other login details;
• your bank account or credit card payment details;
• details of the goods / services we have provided to you and/or that you have enquired about, and our response to you;
• details of any data stored in the online system of the goods;
• SIM details including sim card number, service number, etc;
• IP address and device connection details;
• associated contact with end customers of our goods and services;
• personal information provided or collected in relation to the operation and administration of our portal; and
• any other personal information requested by us and/or provided by you or a third party.
If you are a contractor to our business, then the kinds of personal information that we commonly collect and hold from you or about you include:
• your name;
• your address:
• your contact phone number;
• License details (if applicable);
• Insurance details (if applicable).
Generally, we do not collect sensitive information. However, we may collect sensitive information from you or about you where there is a legal requirement to do so, or where we are otherwise permitted by law. In all other situations, we will specifically seek your consent.
You have the option of not identifying yourself or of using a pseudonym when dealing with us, unless the use of your true identity is a legal requirement or necessary to complete the enquiry or transaction.
Cookies
When you browse our website, use our apps and portals, contact us electronically, or engage with us on social media, we may also record geographical tagging, cookies, your IP address and statistical data from your activity. We may use your personal information to customise and improve your user experience on our website and other social media platforms. By using our website you agree that we can record this information from your device and access them when you visit the site in the future. 

If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
Our website may also contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
How we collect and hold personal information
We aim to collect personal information only directly from you, unless it is unreasonable or impracticable for us to do so. For example, we may collect personal information directly from you through your telephone calls and other interactions with our employees and contractors, your emails and other correspondence to us or our employees and contractors, your account set up, enquiries, data collected and stored through your use of the software contained within the goods, and contracts for the purchase of our goods and provision and use of our services.
In some instances we may also receive information about you from third parties. Where we obtain personal information about you from third parties we will inform you. As an example, we may collect personal information from you or about you from our trading partners including from our customers who buy our goods and services, or from our customers who utilise our portal services in conjunction with the operation of their physical goods and services. This enables us to remain across and take steps to rectify any complaints or concerns regarding our goods and services.
Our app and portal services are provided to a range of suppliers of various physical goods, services and equipment, whereby our digital interfaces provide [xxx] in respect of those physical goods, services and equipment.
Our data storage services are also provided to a range of businesses. Where we offer data storage services, we will obtain and store the personal information that you have provided to your relevant goods and/or services provider.
We will record your email address if you send us an email.
We will ensure that all unsolicited personal information will be afforded the same privacy protection as solicited personal information.
Where unsolicited personal information is received:
• we will assess whether we could have collected the information directly from you; and
• if not, then we will destroy or remove identifying components in the information as soon as practicable, but only if lawful and reasonable to do so.
Why we collect, hold, use and disclose personal information
We will collect, hold, use and disclose your personal information where it is reasonably necessary for us to carry out one or more of our business functions and activities. For example, we collect, hold, use and disclose your personal information as necessary to operate our digital services, apps and portals, provide our goods and services to you, your organisation or end customers. Your personal information associated with the use of our digital services, apps and portals may be directly collected by us, or disclosed to us by the manufacturer, seller, installer and/or warranty provider of your relevant products.
We also operate a data storage facility in respect of online cloud databases. The personal information that you input into your machinery and our online portals will be stored in our systems.

If we do not collect, hold, use or disclose your personal information, or if you do not consent, then we may not be able to answer your enquiry, complete the transaction you have entered into, or provide the goods and services that you or your organisation have contracted us to provide. In some instances, the level of personal information that you choose to provide may impact the extent or range of availability of our goods and services (eg, impact the customisation of your browsing experience on our website, and/or impact the level of functionality you can achieve from our digital services, apps and portals).
We also collect, hold, use and disclose your personal information for purposes related to our business that you would reasonably expect, such as our administrative and accounting functions, record keeping, payment processing, fraud checks, providing you with information about other goods and services offered by us, providing you with information about launches of new goods and services, marketing and promotions, market research, customer feedback and quality assurance surveys, warranty claims, troubleshooting and helpdesk, potential product recalls, statistical collation, social media analysis and website traffic analysis.
Where we wish to use or disclose your personal information for other purposes, we will obtain your consent.
Where we use your personal information for marketing and promotional communications, you can opt-out at any time by notifying us. Opt-out procedures are also included in our marketing communications.
We may also collect, hold, use and disclose your personal information in circumstances that are required or permitted by law, where that is necessary for us to comply with our legal obligations.
We may disclose or transfer your personal information to IT providers, subcontractors and other third party service providers that assist with the operation of our digital services (including our website, apps and portals), payment gateways, the provision of our services, and the performance of associated activities.
We may disclose your personal information to law enforcement authorities or other government officials, only when permitted or required by law or by legal process (eg. when necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraud or illegal activity).
If our business is acquired or merged with another company, your personal information may be transferred to the new owners so that they may continue to operate and support our digital services offerings.
How we hold, store and keep secure your personal information
Your personal information is held and stored electronically, on paper, or both. We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your information is protected from misuse, interference and loss, and from unauthorised access, modification and disclosure. For example,
• Data held and stored on paper is stored in lockable filing cabinets. Our premises has secured entry and monitored alarms.
• Data held and stored electronically, including “in the Cloud”, is protected by internal and external firewalls, limited access via file, user password and network passwords, and files can be designated read-only or no access. We also require our IT contractors and other third parties to implement privacy safeguards.
Destruction and de-identification
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse.
We will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose.
We will take reasonable steps and use secure methods to destroy or de-identify personal information that is no longer required for any purpose for which the personal information may be used under this Policy in accordance with the Privacy Act.
As an example, our destruction and de-identification methods may include:
• Paper records being placed in security bins and shredded; or
• Electronic records being deleted from all locations, to the best of our ability, or encrypted and/or placed beyond use.
Overseas Disclosure
Our business is affiliated with other businesses located overseas. In the course of doing business with you, we may disclose some of your personal information to overseas recipients, particularly where we have identified commercial opportunities that may benefit you. However, we will only do so where:
• it is necessary to complete the transaction you have entered into; and
• you have provided consent; or
• we believe on reasonable grounds that the overseas recipient is required to deal with your personal information by enforceable laws which are similar to the requirements under the APPs; or
• it is otherwise permitted by law.
Our overseas affiliates provide data storage, troubleshooting and support desk and IT and marketing types of services for our business, and are located in India and the Philippines.
Requests for Access and Correction
We will take reasonable steps to ensure that the personal information we use or disclose is accurate, complete and up to date, having regard to the purpose of the use or disclosure.
We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you.
When you request access to the personal information we hold about you, or request that we change that personal information, we will allow access or make the changes unless we consider that there is a sound and permitted reason under the Privacy Act or other relevant law to withhold the information and/or not make the changes.
In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the personal information as requested, we will give you written reasons why. For further information, please contact us.
We will provide you with written notice if we refuse to correct the personal information as requested by you. The written notice will set out:
• the reason for refusal (unless this would be unreasonable);
• the mechanisms available to complain about the refusal; and
• any other matter prescribed by the Privacy Act.
We will respond to a correction request within a reasonable period. We will not charge for making the request, for correcting the information, or for associating any statement with the personal information.
To assist us to keep our records up-to-date, please notify us of any changes to your personal information.
Data Breaches
In Australia, if we suspect that a data breach has occurred, we will undertake an assessment into the circumstances of the suspected breach within 30 days after the suspected breach has occurred. Where it is ascertained that a breach has actually occurred and where required by law, we will notify the Privacy Commissioner and affected customers as soon as practicable after becoming aware that a data breach has occurred.
Complaints and Concerns
We have procedures in place for dealing with your complaints and concerns about our practices in relation to the Privacy Act and the APPs, and any alleged breach of this Policy. We will respond to your complaint in accordance with the relevant provisions of the APPs.
Our Privacy Officer can be contacted to discuss or attempt to resolve any complaints relating to the collection, storage and use of your personal information. For further information, please contact our Privacy Officer at [email protected]

Contact Us:

Privacy Officer
Lowbake Digital Pty Ltd
20 Luisa Ave, Dandenong South VIC 3175, Australia
Phone: +61 3 9794 8533
Email: [email protected]
Last updated: October 2024