These Organisation & API Terms ("Organisation Terms") are between you and Geepers (ABN 15 968 140 556) of New South Wales, Australia ("Geepers", "we", "us", "our"). They apply where an organisation, business or other entity (a "Customer") uses the Geepers organisation dashboard, teams, or the Geepers application programming interface (API) and namespace provisioning services (together, the "Business Services").
These Terms are made under Australian law, including the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth). They apply in addition to our Terms of Use and Privacy Policy. Where personal information is handled on the Customer's behalf, our Data Processing Terms also apply. Fees are governed by our Billing & Refund Terms.
These Terms apply to any Customer that accesses the Business Services, and to each person who uses the Business Services on a Customer's behalf. If you accept these Terms for a Customer, you confirm you are authorised to bind that Customer, and "you" includes that Customer.
The Customer is responsible for its administrators, members and their activity within the Customer's organisation, teams and namespace. You must keep account credentials and API tokens secure, control who has access, and promptly remove access for people who no longer need it.
Where we grant the Customer rights over a namespace prefix, we grant a limited, non-exclusive, non-transferable and revocable licence to create, manage and resolve Geeps within that licensed prefix, subject to these Terms and the Geepers namespace rules.
The Customer must stay within the scope of its licensed prefix, must not provision names it is not entitled to, and must not use the namespace to impersonate, infringe rights, or mislead. Acting reasonably, we may reclaim, suspend or rename any Geep that breaches these Terms or infringes another person's rights.
If we make an API available, the Customer may use it only as documented and only to use the Business Services. The Customer must:
- keep API tokens and credentials confidential and not share them;
- stay within any published rate limits and use the API fairly;
- not circumvent security or access controls, reverse engineer the Platform, or scrape data beyond what the API permits; and
- not use the API in a way that harms the Platform, other users or Geepers.
We may change, deprecate or withdraw parts of the API. Where a change is material and within our control, we will give reasonable prior notice.
The Customer is responsible for the data it and its members upload, create or provision through the Business Services, including any personal information about the Customer's own members, staff or users ("Customer Data").
The Customer warrants that it has the authority and any consent needed to provide Customer Data to us and to have it processed through the Business Services, and that doing so complies with applicable law. Our handling of personal information contained in Customer Data on the Customer's behalf is governed by our Data Processing Terms.
The acceptable-use and safety rules in our Terms of Use apply to the Business Services. The Customer is responsible for ensuring its administrators and members comply with them, and must not use the Business Services for any unlawful, harmful or misleading purpose.
Where the Business Services are paid, fees, invoicing, taxes and refunds are governed by our Billing & Refund Terms. Some features may be offered free; we may change what is included in a free tier on reasonable notice.
Free tiers are for non-commercial use only. An organisation that charges people for the services it provides is a commercial user and requires a paid or commercial plan, regardless of its charitable, religious or institutional status.
Each party may receive confidential information of the other. Each party will use the other's confidential information only to perform these Terms, protect it with reasonable care, and not disclose it except to those who need it and are bound by similar obligations, or where required by law.
The Geepers name, logo, platform, API and GNS protocol are our intellectual property. Customer Data remains the Customer's. If the Customer gives us feedback or suggestions, we may use them to improve the Platform without obligation.
We may suspend or terminate the Business Services for material or repeated breach, non-payment, or where reasonably necessary to protect users, the public or Geepers. Where practicable and lawful, we will give notice and a chance to fix the issue. On termination, the Customer's access ends, provisioned names may revert in line with our namespace rules, and Customer Data is dealt with under our Data Processing Terms.
Where the Customer is a "consumer" under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"), our services come with guarantees that cannot be excluded. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded. Where our liability for failing to meet a consumer guarantee can be limited, it is limited — at our option — to re-supplying the services or paying the cost of having them re-supplied. Otherwise, the Business Services are provided "as is" and "as available".
Subject to section 11 and to the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, data or goodwill. To the extent our liability can lawfully be limited, our total liability for all claims connected with the Business Services is limited to the fees paid by the Customer for the Business Services in the 12 months before the claim, or AUD $100 if no fees were paid, whichever is greater.
To the extent permitted by law, the Customer will indemnify us against loss, damage or reasonable costs arising from Customer Data, the Customer's breach of these Terms, or misuse of the Business Services by the Customer or its members, except to the extent caused by us.
We may update these Terms from time to time. We will post the updated version here and, for material changes, notify Customers by email or in-app. Continued use of the Business Services after changes take effect means the Customer accepts them.
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
For questions about these Terms, contact us at legal@geepers.io.
ABN: 15 968 140 556
New South Wales, Australia
Made under Australian law.
