ExpressAMS

Introduction

1. These Terms & Conditions govern your access to, and use of, the ExpressAMS online prototype (the prototype), located online as a website and web application at https://expressams.benschenk.dev.
2. These Terms constitute a binding legal agreement between you and the developer, Ben Schenk (the developer). By using the prototype, you agree to be bound by these Terms. If you do not agree to these Terms, you must cease access or use of the prototype.
3. By using the prototype, you warrant that you are: a resident of Australia; accessing the prototype from Australia; accessing the prototype with the intention of using it in Australia; and at least 18 years of age, with the capacity to enter into binding contracts, or accessing the prototype with the permission and authority of a parent or guardian, who has the capacity to enter into binding contracts.
4. These terms were first effective on 16 March 2025. The developer may amend these Terms at any time. It is your responsibility to periodically review these terms to stay informed of updates. Your continued use of the prototype is indicative of your continued acceptance of the Terms as modified.
5. These terms shall be governed by and defined following the laws of Australia. You irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
6. The Terms constitute the entire agreement between you and the developer, unless where otherwise indicated in this agreement. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Use of the Prototype

7. To use the prototype, you must register for an account. When registering, you will provide the prototype with personal information, which you warrant is accurate and complete. You are responsible for maintaining the confidentiality of your login information, and any other information that could be used to decipher your login information.
8. Use of the prototype is free to access for users who register. This may change in future, should the application be advanced out of a prototype stage. The developer reserves the right to modify the use of the prototype for users who register in the future. This includes the right to change the pricing model and/or charge users for use of specific features or vary the prices charged for access to the prototype in general.
9. The prototype may offer a demonstration version of the product to potential customers, although there is no obligation to do so. The demonstration version will be limited in functionality and will expire at the time specified when the demonstration is granted to the potential customer.

Restrictions to Use

16. You must not: rent, lease, sell, distribute or sublicense the prototype to any third party; copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the prototype, or any part thereof; access the prototype for the purposes of building or marketing a competitive product; use the prototype to store or transmit a virus or malicious code; trick, defraud, or mislead the prototype and/or other users, especially in any attempt to learn sensitive account information such as user passwords; interfere with, disrupt, or create an undue burden on the prototype; or bypass the measures the developer uses to prevent or restrict access to the prototype.
17. For breach of these Terms, the developer may terminate your access to the prototype at any time. If the prototype ceases operation, your access to the prototype may be terminated.

Intellectual Property

19. You represent and warrant that you own the rights to any user content submitted to the prototype, including but not limited to for the purposes of creating a user profile. You agree that any content uploaded to the prototype is not obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing. You grant the developer license to use and store any content submitted to the prototype for the purpose for which it was uploaded.
20. Unless otherwise indicated, the website, web application and mobile application is the proprietary property of the developer and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website and the trademarks, service marks, and logos contained therein are owned or licensed to the developer, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions.

Liability

21. the prototype is provided on an "as-is" and "as-available" basis. You agree that your use of the prototype service will be at your sole risk. To the fullest extent permitted by law, the developer disclaims all warranties, express or implied, in connection with the website and your use thereof.
22. The developer makes no warranties or representations about the accuracy or completeness of the prototype’s content and the developer will assume no liability or responsibility for any: errors, mistakes, or inaccuracies of content and materials; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the prototype; any unauthorised access to the prototype and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the prototype; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the prototype.
23. The developer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the prototype service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and the developer will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
24. In no event will the prototype be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website.
25. Nothing in these terms and conditions excludes or limits our liability for: fraud or fraudulent misrepresentation; any breach of the obligations contained in the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law; or any other matter for which it would be illegal to exclude or attempt to exclude our liability.

Privacy Policy

19. By using the prototype, you agree to be bound by this Privacy Policy, detailed below, which is incorporated into these Terms. the prototype adheres to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy outlines how personal information is collected and handled.
20. The prototype will, from time to time, receive and store personal information. Basic information such as name, phone number, address, and email address may be collected to enable the sending of information, providing updates, and processing product or service orders. Additional information may be collected at other times, including but not limited to feedback, information about personal or business affairs, changes to content or email preferences, responses to surveys and/or promotions, financial or credit card information, or communication with customer support. Any other information provided during interactions may also be collected.
21. Personal information is collected in various ways, including electronic and in-person interactions, website access, and the provision of services. Personal information may also be received from third parties. If this occurs, it will be protected as outlined in this Privacy Policy.
22. When accessing the prototype, certain information such as browser type, operating system, and the website visited immediately prior to the site visit may be collected. This information is used in an aggregated manner to analyse site usage and improve the service.
23. Cookies may be used by the prototype service from time to time. Cookies are small files that a website uses to identify returning users and store details about site usage. Cookies do not access or damage computers. Most web browsers automatically accept cookies, but settings can be adjusted to reject them. However, this may limit full advantage of the website. Cookies may also be used to analyse website traffic and enhance the visitor experience. Additionally, cookies may be employed to serve relevant ads to website visitors through third-party services like Google AdWords. These ads may appear on this or other websites visited.
24. Personal information collected may be used to provide updates, services, and relevant information. Users may also be made aware of new products, services, and opportunities. Personal information may be utilized to improve products and services and to better understand user needs. the prototype may contact you through various channels, including but not limited to telephone, email, SMS, or mail.
25. Personal information may be disclosed to employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors, as reasonably necessary for the purposes outlined in this Policy. Information is only provided to third parties when required for the provision of services (e.g., for product delivery).
26. From time to time, it may be necessary to disclose personal information to comply with legal requirements, such as laws, regulations, court orders, subpoenas, warrants, legal proceedings, or law enforcement requests.
27. Personal information may also be used to protect copyright, trademarks, legal rights, property, or the safety of the company, the website, web application, mobile application, customers, or third parties.
28. Information collected may occasionally be stored, processed, or transferred between parties located in countries outside of Australia.
29. In the event of a change of control or a sale or transfer of the prototype service, the developer reserves the right to transfer, to the extent permissible by law, user databases, along with any personal and non-personal information contained within those databases. This information may be disclosed to a potential purchaser under a confidentiality agreement. The intention is to only disclose information in good faith and as required by such circumstances.
30. By providing your personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by it. When personal information is disclosed to third parties, those third parties will be requested to adhere to this Policy regarding the handling of personal information.
31. Measures have been implemented to ensure that the information you provide is handled secure.ly To prevent unauthorized access or disclosure, suitable physical, electronic, and managerial procedures have been put in place to safeguard information and protect it from misuse, interference, loss, unauthorized access, modification, or disclosure.
32. The transmission and exchange of information are carried out at the user’s own risk. Although measures are taken to safeguard against unauthorized disclosures, there is no guarantee that personal information collected will not be disclosed in a manner inconsistent with this Privacy Policy.
33. The prototype service may include links to other websites that are not owned or controlled by the developer. These links are provided for convenience only and do not constitute sponsorship, endorsement, or approval of these websites. It is important to note that responsibility for the privacy practices of other websites is not assumed by the developer. Users are encouraged to review the privacy statements of any third-party websites that collect personal information.
34. You may request a copy of the personal information held by the prototype service or request to update the personal information held if you believe it to be inaccurate, outdated, incomplete, irrelevant, or misleading. These requests must be made in accordance with the Privacy Act 1988 (Cth). the prototype reserves the right to refuse to provide personal information held by the prototype in accordance with the Privacy Act. Complaints regarding the privacy practices of the prototype should be submitted to contact@benschenk.dev.
35. Please note that this Privacy Policy may change in the future. Modifications may occur at any time at the sole discretion of the developer, and all changes will take effect immediately upon posting on the website. Users are encouraged to review the Privacy Policy periodically.