Tomato Promo.Service Terms
These Service Terms apply to services supplied by Company Q, a business name of The trustee for Macro Trust, ABN 37 545 252 825, using Tomato Promo as a brand (collectively, “we”, “us” or “Company Q”).
They apply when a customer (“you”) accepts a proposal, order, service schedule, email confirmation, payment page or other arrangement that refers to these terms.
1. Services
We may supply marketing, lead generation, digital assets, websites, telephone or form routing, content, advertising, search services, automation, technology, consulting and related services. The particular services, fees, billing interval and any special conditions will be set out in the relevant proposal, order, service schedule or written confirmation.
If that specific written arrangement conflicts with these terms, the specific arrangement takes priority to the extent of the conflict.
2. Fees and periodic billing
Fees are payable in advance at the interval stated in the applicable arrangement. By supplying a payment method for a recurring service, you authorise us and our payment provider to charge that method at each billing interval until the service is cancelled.
Unless expressly stated otherwise, fees are quoted in Australian dollars and include or exclude GST as shown in the applicable proposal, order or payment page.
3. Cancellation
Unless a specific arrangement states otherwise, you may cancel a recurring service at any time. Cancellation takes effect at the end of the current paid service period, and no further periodic charge will be made.
If you request immediate cessation, we may stop the service immediately, but payments already made are not credited or refunded for unused time except where required by law.
4. Refunds
Payments are final and non-refundable for change of mind, cancellation, failure to use the service, an unused part of a paid period, or failure to achieve a result that we did not expressly guarantee.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
5. Failed or overdue payments
If a payment fails or an amount is overdue, we may retry the payment, notify you, suspend the affected service or stop delivering access, calls, forms, enquiries, leads, content or other outputs until payment has cleared.
During a payment-related suspension, enquiries or opportunities may be missed or unavailable and we are not required to retain or recreate them. We may terminate a service that remains unpaid after reasonable notice.
6. Our assets and intellectual property
Unless we expressly agree to a sale or transfer in writing, we or our licensors retain ownership and control of our websites, domains, telephone numbers, content, source code, systems, forms, tracking, analytics, accounts, rankings, data structures, automation, methods and other assets.
Payment for a service gives you only the access or benefit described in the applicable arrangement. It does not transfer ownership of an underlying asset. When the service ends, associated access, routing, licences and permissions also end.
7. Leads and personal information
Where a service supplies enquiries or lead information, you may use that information to respond to the relevant enquiry and for other purposes permitted by applicable law and our Privacy Policy.
Each party is responsible for its own handling of personal information, marketing communications and compliance with privacy, spam, telemarketing and consumer laws. These terms do not authorise either party to send marketing contrary to those laws.
8. No guaranteed results
Unless a specific written arrangement expressly guarantees a result, we do not guarantee any minimum number, quality or conversion of leads; search position; traffic level; customer; sale; revenue; return on investment; or uninterrupted availability.
Results may be affected by demand, competition, platforms, algorithms, customer behaviour, third-party services and other factors outside our reasonable control.
9. Your responsibilities
You must provide accurate information and routing details, respond appropriately to customers and enquiries, protect personal information, maintain necessary licences and insurance, and use our services lawfully.
You remain responsible for your offers, representations, pricing, quotes, contracts, workmanship, customer relationships and compliance obligations.
10. Third-party services
Our services may rely on hosting, telecommunications, search, advertising, payment, software and other third-party providers. We will take reasonable steps to operate and restore affected services, but we are not responsible for third-party acts or outages beyond our reasonable control.
11. Changes
We may make reasonable operational or technical changes that do not materially remove the core service. We will give reasonable notice of a material service reduction or price increase. A price increase applies from a future billing interval, and you may cancel before it takes effect.
12. Suspension and termination
We may suspend or terminate a service for non-payment, material breach, unlawful conduct, misuse of information, security risk or conduct that threatens our assets, providers or other people. Where reasonably possible, we will give notice and an opportunity to remedy a remediable breach.
We may otherwise end an ongoing service on reasonable notice. If we end a prepaid service for convenience before the end of its paid period, we will provide a proportionate refund for the unused portion.
13. Liability
Nothing in these terms limits liability or rights that cannot legally be limited. To the extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by your acts, omissions, inaccurate information or unlawful use of the service.
14. Updates to these terms
We may update these terms for future services. Material changes affecting an existing periodic service will be notified before a future billing interval, allowing you to cancel before the change takes effect.
15. Contact and governing law
Notices and questions may be sent to [email protected].
These terms are governed by the laws of Queensland, Australia. The parties submit to the courts and tribunals with jurisdiction there, subject to rights that cannot lawfully be excluded.
Plain-language summary: services are paid in advance at the agreed interval, recurring services can generally be cancelled at the end of the paid period, payments already made are final except where the law requires otherwise, non-payment can suspend service, and Company Q retains ownership of its underlying lead-generation and digital assets unless a written agreement says otherwise.