Terms of Use

About These Terms

These Terms of Use ("Terms") govern your access to and use of the Shinetech Australia website, including its content, forms, downloads, and related website features (the "Site").

The Site is provided by Shinetech Software Australia Pty Ltd ("Shinetech Australia", "we", "us", or "our"), together with its related entities where applicable.

By accessing or using the Site, you agree to these Terms. If you access or use the Site on behalf of an organisation, you represent that you have authority to act on behalf of that organisation.

If you do not agree with these Terms, please do not use the Site.

Additional notices, policies, or terms may apply to specific features of the Site and form part of these Terms.

1. Website Information Is Not a Service Agreement

The Site provides general information about Shinetech Australia, our experience, capabilities, services, technologies, and perspectives.

Information on the Site is provided for general informational purposes only and does not constitute:

• a proposal;
• a binding offer;
• professional advice;
• a guarantee of results; or
• a commitment to provide services under any particular terms.

Examples, case studies, client information, technologies, service descriptions, delivery approaches, availability, timelines, and other content may be summarised and may not apply to every situation.

A business relationship for software development services or other professional services begins only when the relevant parties enter into a written agreement.

Any signed agreement, including a master services agreement, statement of work, order form, confidentiality agreement, or other contractual document will govern the relationship between the parties. If there is any inconsistency between these Terms and a signed agreement, the signed agreement will prevail.

2. Permitted Use

You may access and use the Site for lawful personal or internal business purposes, including:

• learning about Shinetech Australia;
• reviewing our services and capabilities;
• evaluating whether to contact us; and
• obtaining information about potential software development solutions.

You may download or print reasonable portions of the Site for these purposes only, provided that all copyright, trademark, and proprietary notices remain intact.

3. Prohibited Use

You must not:

• use the Site in violation of any applicable law, regulation, these Terms, or another person's rights;
• copy, reproduce, republish, distribute, sell, license, modify, or commercially exploit Site content without our written permission;
• create derivative works based on Site content without authorisation;
• remove or alter copyright, trademark, attribution, or proprietary notices;
• collect or use contact information from the Site for spam, unsolicited marketing, or abusive communications;
• interfere with Site operation, security, availability, or infrastructure;
• introduce malicious code, attempt unauthorised access, or bypass security controls;
• conduct security testing, vulnerability scanning, or penetration testing without our prior written authorisation; or
• misrepresent your identity, organisation, affiliation, or the source of information you submit.

4. Intellectual Property

The Site and its content, including text, graphics, logos, designs, software, videos, downloads, trademarks, and other materials, are owned by or licensed to Shinetech Australia and are protected by applicable intellectual property laws.

Except for the limited rights expressly provided in these Terms, no licence, ownership right, or other permission is granted to you by implication, estoppel, or otherwise.

Third-party names, trademarks, client names, and logos displayed on the Site remain the property of their respective owners.

The appearance of third-party materials on the Site does not imply endorsement, partnership, ownership, or any broader licence unless expressly stated.

5. Enquiries and Other Submissions

When you submit information through our website forms, email, or other communication channels, you confirm that:

• the information provided is accurate to the best of your knowledge;
• you have the right to provide the information; and
• providing the information does not breach any legal obligation or third-party rights.

You authorise Shinetech Australia and relevant related entities, employees, and service providers to use submitted information as reasonably necessary to:

• respond to your enquiry;
• understand your requirements;
• evaluate potential business opportunities;
• protect website security; and
• operate our business in accordance with our Privacy Policy.

Submitting an enquiry does not create:

• a client relationship;
• employment relationship;
• partnership;
• fiduciary relationship; or
• obligation for either party to proceed with a project.

Unless a confidentiality agreement or other written agreement is already in place, please do not submit source code, passwords, credentials, regulated information, trade secrets, or highly confidential materials through public website forms.

6. Client Engagements, Fees, and Commercial Terms

Descriptions of services on the Site do not establish:

• project scope;
• pricing;
• delivery timelines;
• acceptance criteria;
• payment obligations;
• warranties; or
• other commercial commitments.

These matters are determined only through written agreements between Shinetech Australia and the relevant client.

Nothing on this Site modifies or overrides an existing agreement between you and Shinetech Australia.

7. Privacy and Website Technologies

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

It also describes our use of cookies, analytics tools, advertising technologies, and website security technologies.

Our Privacy Policy forms part of these Terms by reference.

8. Third-Party Websites and Services

The Site may contain links to or integrate with third-party websites, platforms, tools, or services.

Shinetech Australia does not control and is not responsible for:

• third-party content;
• availability;
• security;
• accuracy;
• privacy practices; or
• terms of use.

A link to a third-party website does not necessarily indicate endorsement, approval, or affiliation.

Your use of third-party services is subject to the terms and policies of those providers.

9. Site Availability and Changes

We may update, modify, suspend, restrict, or discontinue any part of the Site at any time.

We do not guarantee that the Site will always be:

• available;
• error-free;
• secure;
• uninterrupted; or
• compatible with all devices or browsers.

We are not responsible for delays or failures caused by circumstances outside our reasonable control.

10. Disclaimer of Warranties

To the maximum extent permitted by law, the Site and its content are provided on an "as available" and "as is" basis.

We do not warrant that:

• information on the Site is complete, accurate, or current;
• the Site will operate without interruption or errors; or
• the Site will meet your specific requirements.

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, or remedies that cannot lawfully be excluded under applicable Australian law, including rights under the Australian Consumer Law where applicable.

11. Limitation of Liability

To the maximum extent permitted by law, Shinetech Australia and its related entities, directors, employees, and representatives are not liable for any indirect, incidental, special, consequential, or similar loss arising from:

• your use of the Site;
• reliance on Site content;
• third-party websites or services; or
• these Terms.

This may include loss of:

• profits;
• revenue;
• business opportunities;
• data; or
• goodwill.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

Any liability relating to software development services provided to a client is governed by the applicable signed agreement.

12. Applicable Law and Disputes

These Terms are governed by the laws applicable in Australia.

Nothing in these Terms limits any mandatory rights or protections available under applicable Australian law.

Any dispute relating to a specific client engagement will be governed by the applicable agreement between the parties.

13. Changes to These Terms

We may update these Terms from time to time to reflect:

• changes to our website;
• changes to our services;
• changes in business practices; or
• legal and regulatory requirements.

The updated version will be published on this page with the revised "Last updated" date.

Your continued use of the Site after updated Terms are posted means you accept the revised Terms.

14. General Terms

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue to apply.

Our failure to enforce any provision does not constitute a waiver of that provision.

These Terms, together with referenced policies, represent the terms governing your use of the Site. They do not replace or override any separate written agreement relating to client services.