Terms of Service
Last updated 06 June 2026
1. Definitions
1.1 In these Terms the following words have the following meanings:
ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth);
Confidential Information means all data, formulae, diagrams, drawings, technical information, reports, calculations, databases, manufacturing processes, testing procedures, source and object code, and know-how relating to the Service;
consumer is as defined in the ACL and in determining if the User is a consumer, the determination is made if the User is a consumer under these Terms;
Data means all content, information, records, results and other data, including but not limited to analytics and diagnostic information, operational parameters (speed, time adjustment, set points), operational code, and emails for warnings and alarms, that is or are:
(a) transmitted to The Booth Business by, or uploaded to The Booth Business through, Equipment; or
(b) collected by The Booth Business from or through the Equipment;
Equipment means any and all The Booth Business goods or equipment owned or possessed by the User in respect of which the Service is offered or provided;
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;
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property;
The Booth Business means The Booth Business Pty Ltd;
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable; whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not, as defined under the Privacy Act 1988 (Cth).
Service means The Booth Business’ diagnostic, analytic and support services, drawing on or otherwise making use of Data, offered or provided to the User;
Software means any and all software or other devices or mechanisms with which goods may be equipped for the purposes of the collection or transmission of Data
Terms means these Terms of Service; and
User means the party to whom the Service is offered or provided.
2. Use of Service
2.1 By accepting the Service the User agrees to be bound by, and comply with, these Terms.
2.2 During the use of the Service, the User must:
(a) ensure that any of the User's authorised users and personnel are made aware of and comply with these Terms;
(b) use the Service strictly in accordance with the instructions provided; and
(c) not provide or otherwise make available the Service in any form to any person other than the User's authorised users and personnel without the written consent of The Booth Business.
2.3 The User must not modify, decompile, disassemble, reverse engineer, copy nor create a derivative work of the Service.
3. Use of Data
3.1 The Data collected or transmitted is related to equipment only and is used to improve and assist Users of The Booth Business’ equipment and Service.
3.2 The User acknowledges and agrees that:
(a) The Booth Business may use the Data to provide the Service;
(b) The Booth Business may use the to generate anonymised and aggregated statistical and analytical data (Analytical Data);
(c) The Booth Business may use the Analytical Data for internal research and equipment development purposes and to conduct statistical analysis and identify trends and insights;
(d) The Booth Business may use any de-identified Data including any Analytical Data in academic research; and
(e) title to all Intellectual Property Rights in the Analytical Data remains with The Booth Business.
3.3 In the course of receiving the Service, the User may upload its own Data.
3.4 The User must not upload or allow any other person to upload any Personal Information.
3.5 The Booth Business will use its best efforts to delete any Personal Information uploaded by the User.
3.6 The User may disable transmission of the Data and continue to use the equipment without the Service by disconnecting the add on feature.
4. Intellectual Property Ownership
4.1 The User acknowledges that:
(a) The Booth Business owns, or has the licence to, all Intellectual Property Rights in the Service and the Software;
(b) the Service and the Software is and at all times remains the property of The Booth Business;
(c) all Intellectual Property Rights in the Data are and become the sole property of The Booth Business; and
(d) the User has no proprietary right or interest in the Service or the Data other than as granted to it pursuant to these Terms.
4.2 The User must not register or record or attempt to register or record anywhere in the world any element of the Service or Software, or any improvements, inventions, patents, trademarks, copyright or designs derived from or similar to them, nor aid or abet anyone else in doing so.
4.3 Other than pursuant to these Terms, the User must not, at any time during the applicable period of access or thereafter, modify, use, deal with or take advantage of the Intellectual Property Rights in the Service, the Software or the Data.
5. Rectification of Defects
5.1 If the User notifies The Booth Business of a Defect, the User must provide details of the Defect sufficient to enable The Booth Business to reproduce or acknowledge the Defect.
5.2 The Booth Business is not obliged to correct a Defect where the Defect has arisen due to:
(a) any modifications made by the User; or
(b) the misuse by the User.
6. Warranties
6.1 Except as the Agreement specifically states, or as contained in any express warranty provided in relation to the Service, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, or performance of the Service, or any contractual remedy for their failure.
6.2 The User acknowledges that the Service, due to its nature, cannot be guaranteed to be Defect or error free, or that access to the Service will be continuous or interruption free, and the User further accepts that the existence of any such errors or interruptions, including any interruption for routine or urgent maintenance of the Service, shall not be construed a breach of these Terms or of the ACL.
6.3 Except as specifically set out in these Terms, The Booth Business makes no representation nor gives any warranty in relation to any incorrect performance or functionality which results, partly or wholly, from Data, records or other information provided by the User or a third party.
7. Liability and Indemnity
7.1 If the User is a consumer nothing in these Terms restricts, limits or modifies the User's rights or remedies against The Booth Business for failure of a statutory guarantee under the ACL.
7.2 If clause 7.1 does not apply, then other than as stated in these Terms, The Booth Business is not liable to the User in any way arising under or in connection with the use or any other dealings with the Service or the Data by the User or any third party.
7.3 The Booth Business will not be liable for any:
(a) direct, indirect or consequential loss suffered by the User or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill; or
(b) liability to another party as a result of any delay or errors in the Service, downtime experienced or any omissions in any Data supplied or as a result of being unable to provide any upgrades,
except to the extent of liability imposed by the ACL.
7.4 Nothing in these Terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of goods and services which cannot be so excluded, restricted or modified.
7.5 The User indemnifies The Booth Business against all expenses, losses, damages, liabilities and costs (including indemnity from all legal costs) that The Booth Business or a third party may sustain or incur as a result of:
(a) any breach of these Terms by the User or its personnel;
(b) any negligent or unlawful act or omission of the User or its personnel;
(c) the provision of Data by the User;
(d) the User's use of the Service and the Data;
(e) the User's or a third party's use or reliance on the Data and its accuracy; and
(f) a breach of any third party's copyright arising in relation to the Data.
7.6 The indemnities contained in this clause will survive termination of the Service.
8. Confidentiality, Privacy and Security
8.1 Each party undertakes to keep the Confidential Information of the other party confidential.
8.2 A party may only use the Confidential Information of the other party for the purposes of performing the party’s obligations or exercising the party’s rights pursuant to these Terms.
8.3 A party may not disclose Confidential Information of the other party to any person other than in accordance with these Terms, except:
(a) to representatives, legal advisers, auditors and other consultants of the party who require it for the purposes of any transaction entered into between those parties;
(b) with the other party’s prior written consent; or
(c) if the party is required to do so by law.
8.4 For the avoidance of doubt, the parties acknowledge:
(a) that the Data does not form part of the User's Confidential Information; and
(b) The Booth Business is free to use, distribute, store, modify and manipulate the Data in its discretion and for its own purposes, subject to the obligations of confidentiality in respect of the The Booth Business’s Confidential Information.
9. Force Majeure
9.1 Neither party will be liable in any way arising under these Terms to the extent that it is prevented from acting by reason of a Force Majeure Event.
10. Severability
10.1 If a provision (or part of it) of these Terms is held to be unenforceable or invalid, it must be interpreted as narrowly as necessary to be enforceable or valid.
10.2 If a provision (or part of it) is held to be unenforceable or invalid and cannot be read down, then:
(a) the provision (or part of it) must be severed from these Terms; and
(b) the remaining provisions (and remaining part of the provision) are valid and enforceable.
11. Governing Law and Jurisdiction
11.1 The law of Victoria from time to time governs these Terms. 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.