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Terms and Conditions

BoostAR Pty Ltd ACN 662 373 159


1. Background


Thank you for visiting our Terms of Use (Agreement), we are BoostAR Pty Ltd ACN 662 373 159 of PO Box 887, Cleveland QLD 4163 (BoostAR, we, our, us and other similar terms). We provide an all-in-one augmented reality (AR) platform, which provides clients with the capability to to create, manage and grow their own AR experiences, known as the BoostAR Portal (BoostAR Portal).

This Agreement outlines the terms and conditions associated with your use of the BoostAR Portal. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at (Website).

2. Agreement

2.1    Accepting this Agreement

By creating a BoostAR Portal Account, the Client agrees to comply with and be legally bound by the terms and conditions of this Agreement. 

No one may use the BoostAR Portal if they are not able to form legally binding contracts or are under the age of 18. If you create an Account on behalf of your employer or any other entity, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.

When we refer to the Client, we are referring to you or the entity you have authority to create an Account for, as the case may be.


2.2    About this Agreement

Throughout the Agreement some capitalised words and phrases are used, like the word Agreement. These capitalised words and phrases are defined in clause 15. They aid to clarify the terms and conditions. Please feel free to email us at if you have any questions.


3. Agreement

This Agreement will commence on creation of an Account for the BoostAR Portal and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 12. 

If this Agreement is not terminated in accordance with clause 12, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

4. Use of the BoostAR Portal

4.1    BoostAR Portal licence

BoostAR grants the Client a non-exclusive, non-transferable, revokable, and worldwide right to use the BoostAR Portal subject to the terms and conditions of this Agreement. The Client acknowledges and agrees that PAYG Fees may apply to the use of the BoostAR Portal which exceed the Usage Restrictions.

4.2   Registering an Account

The Client acknowledges and agrees that in order to subscribe to the BoostAR Portal, it is required to provide BoostAR with Personal Information and create an Account. The Client warrants all information supplied on registration of the administrator and each user Account is true and accurate and will be kept up to date at all times. Internal user accounts are managed solely by the Client, and the Client is responsible for the addition and removal of its own user accounts.

4.3    Account security and credentials

The Client agrees to use reasonable endeavours to keep all Account details strictly confidential. The Client is responsible for its Account activities which occur via the BoostAR Portal, whether those activities are authorised or not, unless they arise from a technical issue within the BoostAR Portal.

4.4   Lawful use of the BoostAR Portal

The Client may only use the BoostAR Portal for the sole purpose for which the BoostAR Portal was created, and unless otherwise agreed in writing with BoostAR, within the Client’s own business operations.

The Client undertakes not to upload, store or access any data on or via the BoostAR Portal if such access or storage would: infringe a person’s Intellectual Property rights; breach any Privacy Law; or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, State or Territory of Australia or the jurisdiction in which the Client operates). 

4.5   Conduct which is expressly prohibited

The Client must not:

(a)    in any way tamper with, hinder or modify the BoostAR Portal other than to the extent configuration 
        options are made available to it;
(b)    knowingly transmit any viruses or other disabling features to or via the BoostAR Portal;
(c)    integrate with the BoostAR Portal other than via the facilities made available;
(d)    use or include the BoostAR Portal in any service bureau or fee generating service offered to third parties,
        unless otherwise agreed in writing with BoostAR;
(e)    intentionally disable or circumvent any protection or disabling mechanism of the BoostAR Portal;
(f)     install or store any software applications, code or scripts on or through the BoostAR Portal other than via
        the user interface provided by BoostAR or in accordance with the training material;
(g)    use the BoostAR Portal in any way which could be reasonably expected to interfere with or damage the
        BoostAR Portal, any other operator's systems, or another user's enjoyment of the BoostAR Portal; or
(h)    attempt, facilitate or assist another person to do any of the above acts. 

5. Payment

5.1    Invoicing and payment

BoostAR will provide you with a monthly tax invoice for the Fees, which will be automatically deducted from the Client’s account each month. The Client is responsible for all bank fees and charges applied by the payment gateway provider, which it chooses to use.

The Client is responsible for paying all government charges or duties of any kind incurred as a result of this Agreement. Such charges include without limitation all stamp duties, goods and services taxes, value added taxes, export duties, withholding tax, financial institution duties, and any other charges or duties of a like kind (Taxes).

Fees are calculated as the aggregate of the: Subscription Fees and PAYG Fees, as set out in the Subscription Package. Unless expressed otherwise, all Fees are quoted in Australian Dollars and are exclusive of Taxes.

5.2   Account suspension

BoostAR reserves the right to limit or suspend the Client’s licence to access the BoostAR Portal if it fails to pay the Fees, or if in BoostAR’s reasonable opinion, the Client is in breach of any of its obligations or warranties in this Agreement. Suspending the Account will not constitute a breach of this Agreement by BoostAR, nor will it alter the Client’s obligation to pay the Fees.

6.    Support and maintenance

While the Client maintains a valid licence to the BoostAR Portal, BoostAR will provide support to assist the Client with its use of the BoostAR Portal, which can be accessed via the Support Portal. 

The Client acknowledges the BoostAR Portal operates on third party infrastructure. From time to time third party infrastructure may become inaccessible or unavailable. BoostAR neither controls nor is it liable for faults in third party infrastructure, the telecommunication services needed to access it, nor the consequences which arise from faults in either.

If it is necessary to interrupt the Client’s use of the BoostAR Portal, BoostAR will endeavour to provide reasonable notice (where possible) of when, and the anticipated duration for which, the BoostAR Portal will be unavailable.
The Client acknowledges access to the BoostAR Portal may be interrupted for many reasons, some of which are beyond BoostAR’s control and during routine maintenance there may be updates to the BoostAR Portal which may change the user interface and manner in which it functions.

The Client agrees BoostAR is not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such temporary interruptions will not constitute a breach of these terms.

7.    Privacy


The Client agrees and consents to BoostAR’s handling of Personal Information in accordance with BoostAR’s Privacy Policy. BoostAR may amend its Privacy Policy in its sole discretion. Where the Privacy Policy is amended the new version will be posted to the Website

8.    Intellectual Property

8.1    Intellectual Property

BoostAR warrants it owns or has a licence to use the Intellectual Property in the BoostAR Portal.

The Client warrants it will not do any of the following, or permit any person over whom it has effective control to: copy or reproduce, or create an adaptation or translation of, all or part of the BoostAR Portal in any way; sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the BoostAR Portal on any medium, except as authorised by this Agreement; or directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the BoostAR Portal other than for the sole purpose for which the licence was granted.

The Client: 

(a)    owns all right, title and interest in and to all Client Content and Client Analytics;
(b)    grants BoostAR a non- exclusive, limited license to use Client Content and Client Analytics solely as
        necessary to perform its obligations under and in accordance with this Agreement; 
(c)    warrants that it has all rights necessary to grant such license and that its collection and use of Client
        Content complies with applicable laws; 
(d)    warrants that any Client Content uploaded by it into the BoostAR Portal, will not infringe any third party
        Intellectual Property Rights; and
(e)    indemnifies BoostAR for a breach of its warranty set out in clause 8.1(d).

8.2    Modifications and feedback

The Client acknowledges and agrees, BoostAR is intended to own all Intellectual Property rights in all modifications to the BoostAR Portal, including those which arise from the Client’s feedback, commentary or reviews and whether those modifications are provided for, by or on behalf of the Client.

To the extent that the Client may at any time acquire any right, title or interest in the BoostAR Portal, the Client immediately assigns to BoostAR all such rights, title and interest.

9.    Warranties

BoostAR warrants that for the Subscription Period, the BoostAR Portal will perform substantially in compliance with any documentation BoostAR provides, including the description of the BoostAR Portal contained on the Website.
Subject to the Non-excludable Conditions and any other express provision of this Agreement, BoostAR makes no warranties or guarantees: the BoostAR Portal is fault free; regarding the BoostAR Portal‘s fitness for any particular purpose which BoostAR has not expressed; that the BoostAR Portal will bring it into compliance with any state or territory law, the laws of the Commonwealth or the laws in which the Client operates; or regarding the Client’s access to, or the results of its’ access to the BoostAR Portal.

10.   Limits on Liability

BoostAR expressly excludes all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

Subject to the Non-excludable Conditions, BoostAR excludes all liability for any costs, including Consequential Loss, suffered or incurred directly or indirectly by the Client in connection with this Agreement, including:

(a)    the BoostAR Portal being inaccessible to that Client for any reason;
(b)    computer virus, trojan and other malware in connection with the BoostAR Portal;
(c)    security vulnerabilities in the BoostAR Portal or any breach of security that results in unauthorised access
        to or corruption of data; 
(d)    failure of any third party component including, without limitation, third party infrastructure, hardware
        failure, network failure, or power failure; or
(e)    the Client’s participation in any experiments, beta tests or pilots.


To the fullest extent possible under the law, BoostAR limits its liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.

Notwithstanding any other clause in this Agreement, and to the maximum extent permitted at law, neither party is liable to the other for any Consequential Loss.

11.   Indemnity


The Client indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Agreement or the Client’s use of the BoostAR Portal (General Indemnity).

Without limiting the General Indemnity, the Client indemnifies the Indemnified against any Costs arising directly or indirectly from the Client’s breach of the Agreement, BoostAR’s enforcement of its rights in connection with the Agreement, including legal costs on a full indemnity basis, any harm to, claim or action by a third party arising directly or indirectly from the Client’s use of the BoostAR Portal or any cost incurred by BoostAR as a result of the Client’s infringement of third party intellectual property rights.

12.   Termination

Either party may terminate this Agreement prior to the end of the Subscription Period, and upon doing so this Agreement will terminate at the end of the current Subscription Period.

Upon termination: the Client will no longer have access to the BoostAR Portal; BoostAR reserves the right to remove the Client Content from the BoostAR Portal at any time following termination; and the Client must, at BoostAR’s request return or destroy any support documents, training material or other information held by the Client about the BoostAR Portal.

The Client is solely responsible for taking an extraction of any Client Content held in the BoostAR Portal which it deems necessary to maintain prior to termination.

13.   Dispute resolution


A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 13 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 13. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 13 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

14.  General Provisions


Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement - This document contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Governing law - The laws of Queensland and the Commonwealth of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement: 

(a)    which BoostAR sends, will be sent to the email address provided in the Client’s Account and by accepting
        these terms the Client gives consent to receive communications by email; and
(b)    which the Client sends, must be either delivered or posted by prepaid post to the address set out at
        clause 1  or sent by email to the address set out at clause 2.2.


Relationship - Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.  

Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement - BoostAR may vary this agreement by giving one month written notice. If the Client does not accept the terms of the variation, it may terminate its subscription in accordance with clause 12.

15.    Definitions and Interpretation


15.1   Definitions

Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:

Account or BoostAR Portal Account means the username and access credentials used, by the Client, to access BoostAR Portal.

Agreement means these terms and conditions and any document incorporated into them by reference.

BoostAR means BoostAR Pty Ltd ACN 662 373 159 and its permitted novatees and assignees.

BoostAR Portal means the all-in-one AR platform that provides clients the capability to to create, manage and grow their AR experiences.

Client means the person who is subscribing to the Subscription Package.

Client Analytics means the user generated date obtained from BoostAR Portal, generated by and specifically for the Client.

Client Content means any data, graphics, video images or other machine readable content entered into the BoostAR Portal solely for the Client’s purpose.

Commencement Date means the date on which the Client subscribes to a Subscription Package.

Consequential Loss means indirect or consequential loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit or damages for lost opportunity or loss of data.

Fees mean Subscription Fees and PAYG Fees.

Indemnified means BoostAR and its directors, employees, contractors and agents.

Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

PAYG Fees means any pay as you go amounts payable by the Client to BoostAR for use of the BoostAR Portal as set out in the Subscription Package.

Payment Terms means the payment terms set out in the Subscription Package.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Law means the Privacy Act 1988 (Cth) and any other law that governs the use, disclosure or management of data or information relating to persons which applies to this Agreement.

Subscription Package means the subscription package advertised on our Website from time to time which the Client subscribes to.

Subscription Fees means the fees payable for each Subscription Period as set out in the Subscription Package. 

Subscription Period means the period of time set out in the Subscription Package.

Support Portal means the support system accessed via BoostAR Portal and the Website.

Usage Restrictions means any limits to the use of the BoostAR Portal as set out in the Subscription Package.
Website means and any of its subdomains.

15.2  Interpretation

Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:

a)    a reference to a party includes that party's permitted assigns, administrators, successors, executors, legal
        representatives and any novated party;
(b)    any reference to a trustee includes any substituted or additional trustee;
(c)    unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon
        that will be interpreted according to how that term would be understood by an individual with expertise
        in the relevant industry;
(d)    "including", "includes" or any derivation of those words does not limit the matter in question to the things
        specifically mentioned in the applicable context;
(e)    where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
(f)    headings are for convenience and will not affect interpretation;
(g)    words in the singular will be taken to include the plural and also the opposite;
(h)    when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as
        updated or substituted for by the legislative body;
(i)    a reference to a party's conduct includes omissions as well as acts; and
(j)     if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as
        sole and absolute.

This Policy was last updated on 14 October 2022.

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