Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
If you are a Resync Media customer or subscriber, or just visiting our website, this policy applies to you also.
Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by Australian and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads.
No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without express written permission from Resync Media, except as permitted under the Copyright Act 1968 (Cth).
The Resync Media trademark and logo are proprietary marks of Resync Media, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Resync Media.Subject to your continued strict compliance with all Terms, Resync Media provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable licence to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Resync Media’s online materials, Resync Media provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable licence to use the software.
You acknowledge and agree that: (1) the software is copyrighted material under the Copyright Act 1968 (Cth) and international copyright laws, exclusively owned by Resync Media; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as expressly permitted under the Copyright Act 1968 (Cth), you may not copy, redistribute, publish, display, or commercially exploit any material from the software without the express written permission of Resync Media; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.You agree not to use or attempt to use the Website, or any software provided by Resync Media, whether alone or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Resync Media.
You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware, including, but not limited to, refraining from:
HARMFUL ACTS.
Any dishonest or unethical practice; any violation of Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)); infliction of harm to Resync Media’s reputation; hacking or other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights under the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), or other applicable laws, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Resync Media or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for spam and unsolicited communications. Any communications sent or authorised by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs), will be deemed a material threat to Resync Media’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with the Spam Act 2003 (Cth), including obtaining consent for electronic messages and providing an unsubscribe option where required.
OFFENSIVE COMMUNICATIONS.
Any communication sent, posted, or authorised by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing, or discriminatory (in breach of the Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), or other anti-discrimination laws); graphically violent; or solicitous of unlawful behaviour.
SENSITIVE INFORMATION.
You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to Resync Media, any of the following information: personal information as defined under the Privacy Act 1988 (Cth) (e.g., social security numbers, tax file numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information) unless you have obtained all necessary consents and complied with the Australian Privacy Principles (APPs).
Your responsibilities
- Read this Privacy Policy
- If you are our customer, please also check the contracts - including the Data Processing Agreement available upon request at connect@resyncmedia.com.au - between us: they may contain further details on how we collect and process your data.
- If you provide us with personal information about other people, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. By submitting the information, you confirm that you have the right to authorise us to process it on your behalf in accordance with this Privacy Policy.
Information You Provide; Registration; Passwords
As a Resync Media user, you will be required to create an account with Resync Media. You warrant that the information you provide to us is truthful, accurate, and current, and that you are not impersonating another person.
You acknowledge that providing false or misleading information may breach the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and could result in termination of your account. You are responsible for maintaining the confidentiality of any password you use to access your Resync Media user account, and you agree not to disclose, transfer, or lend your password or username, or otherwise permit any third party to use or access your user account. You are fully responsible for all activities, transactions, and interactions conducted through your account with Resync Media, including but not limited to technical information, pricing, business strategies, and any data related to other past or current Resync Media users or their customers. You must promptly notify Resync Media of any unauthorised use of your account or any other breach of security. In accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), Resync Media will take reasonable steps to protect your personal information, but you acknowledge that you play a critical role in safeguarding your account credentials to prevent unauthorised access.
If you are only a visitor to our website, please know that we do not collect any personal data before you request a demo of Resync Media. We use the privacy-friendly analytics Google Analytics to carry out site measurement absolutely anonymously.
From the moment you request a demo of Resync Media, we start collecting data. Sometimes you provide us with data, sometimes data about you is collected automatically.
Here’s when and how we do this:
WE COLLECT
You request a demo of Bearer
We call you
You use Bearer
You receive emails from us
You chat with us for customer support
You opt-in to marketing messages
You request a demo of Resync Media
Data you give: Name, email, phone number.
We call you
Data you give: Phone number (provided during demo request).
You use Resync Media
Data we collect: Usage data, IP address, device information.
You receive emails from us
We retain your email until you unsubscribe. Unsubscribe link provided.
You chat with us for customer support
Data shared with [Support Provider] to assist you.
You opt-in to marketing messages
Consent obtained via checkbox during signup. Unsubscribe link provided.
You opt-out of marketing messages
You can unsubscribe at any time via email link or account settings.
You request data deletion
We will delete your data as per the Privacy Act 1988 (Cth).
Our Privacy Statement and Your Personal Information
Privacy Statement – Resync Media
At Resync Media, we are committed to protecting your privacy and handling your personal information in a transparent and secure manner. This Privacy Statement explains how we collect, use, disclose, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using our Website, services, or software, you agree to the practices described in this Privacy Statement.
1. What Personal Information We Collect
We collect personal information that you provide to us and information we collect automatically when you interact with Resync Media. Personal information is any information that can identify you, as defined under the Privacy Act 1988 (Cth).
1.1 Information You Provide to Us ("Data You Give")Account Creation and Registration: When you create an account with Resync Media, we collect your name, email address, phone number, and any other details you provide during registration.Demo Requests: If you request a demo, we collect your name, email address, and phone number to contact you.
Customer Support: When you chat with us for customer support, we collect the content of your messages and any contact details you provide.
Marketing Opt-In: If you opt-in to marketing messages, we collect your email address or phone number to send you promotional content.
Other Interactions: Any other information you voluntarily provide, such as feedback, survey responses, or communications with us.
1.2 Information We Collect Automatically ("Data We Collect")
Usage Data: When you use Resync Media, we collect information such as your IP address, device type, browser type, operating system, and usage patterns (e.g., pages visited, features used).
Emails: If you receive emails from us, we may collect data on whether you opened the email or clicked on any links.
Cookies and Analytics: We use cookies and similar technologies to collect data about your interactions with our Website. This may include your browsing behavior and preferences. You can manage your cookie preferences through our cookie consent banner (if applicable).We do not collect sensitive information (e.g., health, financial, or biometric data) unless it is explicitly required for a service and you have provided express consent. If you inadvertently provide sensitive information, we will handle it in accordance with the Privacy Act 1988 (Cth) and delete it where possible.
2. How We Use Your Personal InformationWe use your personal information for the following purposes:
To Provide Our Services: To create and manage your account, provide access to Resync Media’s software, and fulfill your requests (e.g., demo scheduling, customer support).
To Communicate with You: To call or email you in response to demo requests, provide updates about your account, or respond to your inquiries.
To Send Marketing Communications: If you opt-in to marketing messages, we will send you promotional emails or messages about our products, services, or events. You can unsubscribe at any time via the link in each email or by contacting us.
To Improve Our Services: To analyze usage data and feedback to enhance our Website, software, and user experience.
To Ensure Security: To monitor and protect the security of our Website and services, including detecting and preventing fraud or unauthorized access.
To Comply with Legal Obligations: To meet our obligations under Australian law, such as record-keeping requirements or responding to legal requests.
3. How We Share Your Personal InformationWe do not sell your personal information. We may share your information in the following circumstances:
Service Providers: We may share your information with third-party service providers who assist us in operating our business, such as customer support platforms, email marketing tools, or analytics providers. For example, if you chat with us for customer support, we may share your chat data with our support provider to assist you. These providers are contractually obligated to protect your information and use it only for the purposes we specify.
Legal Requirements: We may disclose your information if required by law, such as in response to a court order, subpoena, or other legal process, or to comply with our obligations under the Privacy Act 1988 (Cth) or other applicable laws.
Business Transfers: If Resync Media is involved in a merger, acquisition, or sale of assets, your personal information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information.We do not share your personal information with third parties for their own marketing purposes.
4. Cross-Border Data TransfersResync Media may store or process your personal information on servers located outside Australia, such as in [insert country, e.g., the United States]. When we transfer your data overseas, we take reasonable steps to ensure that the recipient complies with the Australian Privacy Principles (APPs) or equivalent privacy standards, as required by APP 8. You consent to the transfer of your personal information to overseas recipients for the purposes outlined in this Privacy Statement.
5. How We Protect Your Personal InformationWe take reasonable steps to protect your personal information from unauthorized access, use, or disclosure, as required by APP 11. This includes implementing technical, physical, and organizational security measures, such as encryption, access controls, and secure servers. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials, as outlined in our Terms of Use.
6. How Long We Retain Your Personal InformationWe retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Statement, or as required by law. For example:We retain your email address for marketing purposes until you unsubscribe.We retain usage data for a period of [insert time, e.g., 12 months] to analyze and improve our services.We retain account information for as long as your account is active, and for a reasonable period thereafter to comply with legal obligations.When your personal information is no longer needed, we will securely delete or de-identify it in accordance with the Privacy Act 1988 (Cth).
7. Your Rights and ChoicesUnder the Privacy Act 1988 (Cth), you have certain rights regarding your personal information:
Access: You can request access to the personal information we hold about you.
Correction: You can request that we correct any inaccurate or incomplete information.
Deletion: You can request that we delete your personal information, subject to any legal obligations we may have to retain it.
Opt-Out of Marketing: You can opt-out of marketing communications at any time by clicking the unsubscribe link in our emails or contacting us directly.
Complaints: If you believe we have mishandled your personal information, you can lodge a complaint with us (see Section 9 below). You also have the right to complain to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.To exercise any of these rights, please contact us using the details in Section 9.
8. Cookies and Tracking TechnologiesWe use cookies and similar technologies to collect data about your interactions with our Website, such as your browsing behavior and preferences. Cookies help us improve your experience, analyze usage, and deliver personalized content. You can manage your cookie preferences through our cookie consent banner (if applicable) or by adjusting your browser settings. For more information, please refer to our Cookie Policy (if applicable).
9. How to Contact UsIf you have any questions, concerns, or requests regarding this Privacy Statement or our handling of your personal information, please contact us at:
Resync Media connect@resyncmedia.com Phone: 0477207330 Address: 1515 Ophir Road. We will respond to your inquiry as soon as possible, typically within 30 days, as required by the Privacy Act 1988 (Cth).
10. Changes to This Privacy Statement
We may update this Privacy Statement from time to time to reflect changes in our practices or legal requirements. If we make significant changes, we will notify you by posting a notice on our Website or sending you an email (if you have provided your email address). The updated Privacy Statement will take effect on the date specified in the notice. Your continued use of our Website or services after the effective date constitutes your acceptance of the updated Privacy Statement.
Last Updated: April 1, 2025
Your name, email address, role in your company, etc.
Contact details
Your bank account number, sort code, credit/debit card details, etc.
Financial information
The name of your code repositories / projects, APIs & databases, URLs to GitHub / GitLab files, last commit dat, etc.
Metadata from your code repositories
Your data sources & destinations, types of data, business processes, hosting location, security measures, etc.
Metadata from your teams
Your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version, etc.
Data that identifies you
Your URL clickstreams (the path you take through our site), pages viewed, page response times, download errors, how long you stay on our pages, what you do on those pages, how often, and other actions.
Data on how you use Resync Media
Here are the details of our main third-party service providers, and what data they collect or we share with them, where they store the data and why they need it:
Infrastructure
Amazon Web Services, Inc
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web hosting provider: we use it to store data you generate by using the service securely in the cloud.
EU (Ireland)
Amazon Web Services, Inc.
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web hosting provider: we use it to store data you generate by using the service securely in the cloud.
EEA (Ireland)
Apple Inc.
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web and app hosting provider: we use it to store data you generate by using the service securely in the cloud.
US
Google Play
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web and app hosting provider: we use it to store data you generate by using the service securely in the cloud.
US
Google LLC
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web, app and cloud hosting provider: we use it to store data you generate by using the service securely in the cloud.
US
Shopify
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web, app and cloud hosting provider: we use it to store data you generate by using the service securely in the cloud.
US
Wordpress
Privacy Policy- Contact details
- Metadata from your source code
- Data that identifies you
This is a web, app and cloud hosting provider: we use it to store data you generate by using the service securely in the cloud.
US
Integrations (by your request)
WorkOS, Inc.
Privacy Policy- Data that identifies you
This enables users to authenticate via Single Sign-On.
US
WorkOS, Inc.
Privacy Policy- Data that identifies you
This enables users to authenticate via Single Sign-On.
US
Communications
Intercom, Inc.
Privacy Policy- Contact details
- How you use Bearer
- Cookies
We use this service for customer communications, user interaction and helpdesk assistance.
US
Outreach, Inc.
Privacy Policy- Contact details
- How you use Bearer
We use this service for customer communications.
US
Salesforce, Inc.
Privacy Policy- Contact details
- How you use Bearer
We use this service for customer communications, user interaction and helpdesk assistance.
US
Twilio, Inc.
Privacy Policy- Contact details
- How you use Bearer
We use this service for sending, storing and tracking emails.
US
Calendly LLC
Privacy Policy- Contact details
We use this service to set up calls and meetings with customers.
US
Make (Integromat)
Privacy Policy- Contact details
We use this service to set up calls and meetings with customers.
US
Intercom, Inc.
Privacy Policy- Contact details
- How you use Bearer
- Cookies
We use this service for customer communications, user interaction and helpdesk assistance.
US
Dun and Bradstreet
Privacy Policy- Contact details
- How you use Bearer
- Cookies
We use this service for customer communications, user interaction and helpdesk assistance.
US
Livestorm
Privacy Policy- Contact details
- Cookies
We use this service to provide webinars to our customers.
EEA (France)
Salesforce, Inc.
Privacy Policy- Contact details
- How you use Bearer
We use this service for customer communications, user interaction and helpdesk assistance.
US
Twilio, Inc.
Privacy Policy- Contact details
- How you use Bearer
We use this service for sending, storing and tracking emails.
US
Webflow, Inc.
Privacy Policy- Contact details
We use this service to build our website and our demo form.
US
Zapier, Inc.
Privacy Policy- Contact details
We use this service to automate tasks like sending emails.
US
Payments (Depending on your Payment Terms)
Stripe, Inc.
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
EU & US
Stripe, Inc.
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
EEA & US
Revolut.
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
EEA & US
Commonwealth Bank.
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
Australia
Afterpay
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
EEA & US
Zippay
Privacy Policy- Contact details
- Financial information
This service processes payments for us.
EEA & US
Webflow
Privacy Policy- Contact details
- Financial information
- Customer information
This service processes payments for us.
EEA & US
Trello LLC
Privacy Policy- Contact details
- Financial information
- Customer information
This service processes payments for us.
EEA & US
Notion LLC
Privacy Policy- Contact details
- Financial information
- Customer information
This service processes payments for us.
EEA & US
Service and Transaction Terms
Products, Services, and Prices
1.1 Description of Products and Services
Resync Media offers a range of technology-related services, including but not limited to IT support, device repairs, software troubleshooting, and setup services, as well as retail products such as electronics, accessories, and related goods. All product and service descriptions on our website are provided for informational purposes and may change without notice.
1.2 Pricing
All prices are listed in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable, as required by Australian tax laws. Prices may change without notice, but this will not affect orders already accepted. Additional fees (e.g., shipping or service call-out fees) will be clearly disclosed before you complete your purchase.
1.3 Accuracy of Information
We aim to keep all product, service, and pricing information accurate. If an error occurs (e.g., a product listed at an incorrect price), we reserve the right to cancel or refuse orders, even if confirmed. We’ll notify you and offer the option to proceed at the correct price or cancel with a full refund.
Order Placement and Acceptance
2.1 Placing an Order
You can place orders for products or services via our website, phone, or in person at our retail locations. By ordering, you confirm that all provided information (e.g., billing, shipping, contact details) is accurate and complete.
2.2 Order Acceptance
Orders are not binding until we accept them. We may refuse or cancel orders at our discretion, including for stock unavailability, service constraints, or suspected fraud. If we cancel, we’ll notify you promptly and refund any payments made.
2.3 Availability
Products and services are subject to availability. If an item is unavailable or a service can’t be scheduled, we’ll inform you and offer a refund or alternative solution.
Subscription Terms and Automatic Payment
3.1 Subscription Services
Resync Media offers subscription-based services, such as ongoing IT support or maintenance plans. By enrolling in a subscription, you agree to the recurring billing terms outlined at the time of purchase. Subscription fees will be charged to your nominated payment method on a recurring basis (e.g., monthly or annually) until you cancel your subscription.
3.2 Automatic Payment
You authorise Resync Media to automatically charge your nominated payment method for the subscription fee on the agreed billing date. If a payment fails, we will attempt to contact you to update your payment details. If payment remains unsuccessful after 7 days, we reserve the right to suspend or terminate your subscription.
3.3 Cancellation of Subscription
You may cancel your subscription at any time by contacting us at connect@resyncmedia.com.au or 0477 207 330, or through your account on our website. Cancellations will take effect at the end of the current billing cycle, and no pro-rata refunds will be provided for the remaining period. Under the ACL, you may be entitled to a refund if the service does not meet consumer guarantees (see Section 5).
3.4 Price Changes
We may adjust subscription fees at our discretion. You will be notified of any price changes at least 30 days in advance, and the new price will apply from your next billing cycle. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.
3.5 Subscription Fees for Digital Platforms
For subscriptions related to our services on Shopify, WordPress, Google Play, and the App Store, including those under our Cashless Kitchen branch, the subscription fees may be structured as a percentage of each transaction processed through these platforms. The applicable percentage will range from 3% to 30%, depending on the specific service, platform, and transaction type. For example, subscriptions for our Shopify integration may involve a fee of 5% per sale, while in-app purchases on the App Store may include up to 30% in fees to cover Apple’s commission. All payments for these subscriptions are processed via Stripe, and you may be subject to additional processing fees as disclosed by Stripe. By enrolling in such a subscription, you agree to the applicable fee structure, which will be clearly stated before you confirm your subscription.
Shopify
3%-30%
May include integration fees, exact rate disclosed at checkout.
Wordpress
3%-30%
Depends on transaction type, processed via Stripe.
Google Play
3%-30%
May include Google's commission, rate varies by service.
App Store
3%-30%
Includes Apple's commission, up to 30% for in-app purchases.
Cashless Kitchen
3%-30%
Applies to all branches and fee structures.
Shipping Fees
4.1 Shipping Costs
Shipping fees for products are calculated at checkout based on delivery address, product weight, and shipping method. Fees are in AUD and include GST where applicable.
4.2 Delivery Timeframes
We aim to dispatch orders within 7-21 days of payment. Estimated delivery times are provided but not guaranteed due to potential delays (e.g., postal issues). We’re not liable for third-party shipping delays.
4.3 Risk of Loss
Risk of loss or damage passes to you upon delivery. If a product is damaged or lost in transit, contact us within 7 days of the expected delivery date for an ACL-compliant resolution.
Refunds (ACL Compliant)
5.1 Deposits and No-Refund Policy
All orders require a 50% non-refundable deposit paid upfront before work begins or products are ordered. This deposit covers initial costs (e.g., procurement, scheduling) and is non-refundable except where required by the ACL. Once you commit to the scope of work or order (confirmed in writing via email, contract, or order confirmation) and we start fulfilling it, no refunds or cancellations are allowed, except as mandated by law. This protects us from losses after resource allocation.
5.2 Australian Consumer Law (ACL) Guarantees
Under the ACL, you have guarantees we can’t exclude, including that goods are of acceptable quality and services are provided with due care and skill. If we fail these guarantees: Major Failure: (e.g., unfit for purpose, unfixable) You may choose a refund, replacement, or compensation. Minor Failure: We may repair, replace, or re-perform at our discretion.
You must provide evidence (e.g., photos, details) of the issue. We’ll assess claims but won’t remedy misuse or negligence.
5.3 No Refunds for Change of Mind
We don’t offer refunds for change of mind after the deposit is paid or work begins, nor for unused services (e.g., missed appointments), to the extent permitted by law.
5.4 Anti-Fraud Measures
We may deny suspected fraudulent claims, require proof (e.g., purchase receipt), and pursue legal action if fraud causes us loss. We may report fraud to authorities under the Privacy Act 1988.
5.5 Refund Process
ACL-mandated refunds are processed within 14 days of confirmation, issued to the original payment method, less the deposit where allowed. Contact us at connect@resyncmedia.com.au with order details.
Your Responsibilities in Running Your Business
6.1 Use of Products and Services
If buying for business use, you must comply with Australian laws and safety standards when using our products or services (e.g., proper installation, maintenance).
6.2 Data and Security
For IT services, back up your data before we start work. We’re not liable for data loss beyond our control (e.g., hardware failure). Ensure devices we access are free of illegal content or malware.
6.3 Compliance with Laws
Comply with all Australian laws (e.g., Privacy Act 1988, Spam Act 2003) when using our offerings. 6.4 Liability
Our liability is limited to ACL remedies. We’re not responsible for indirect damages (e.g., lost profits) unless required by law.
Testimonials, Reviews, and Pictures/Videos:
7.1 Submission of Content
By submitting testimonials, reviews, photos, or videos ("User Content"), you grant us a perpetual, royalty-free licence to use them for marketing (e.g., on our website, social media).
7.2 Ownership and Responsibility
You confirm you own or have rights to User Content and it’s legal. You’re responsible for its accuracy.
7.3 Moderation
We may edit or remove User Content if it’s offensive, misleading, or breaches these Terms or the ACL. 7.4 Privacy
User Content with personal info (e.g., name, image) is handled per our Privacy Policy and the Privacy Act 1988.
Legal Obligations and Disclaimers
Compliance with the Law
Resync Media Pty Ltd ("Resync Media," "we," "us," or "our") operates in full compliance with all applicable Australian laws and regulations, including but not limited to the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010, the Privacy Act 1988, the Spam Act 2003, and anti-discrimination laws such as the Racial Discrimination Act 1975.
1.1 Our Obligations
We ensure that our products and services meet ACL consumer guarantees, including being of acceptable quality, fit for purpose, and delivered with due care and skill. We also comply with privacy laws by handling your personal information in accordance with our Privacy Policy and the Privacy Act 1988.
1.2 Your Obligations
By using our website, products, or services, you agree to comply with all applicable Australian laws, including those related to privacy, intellectual property, and consumer conduct. You must not use our services for any unlawful purpose, including but not limited to fraud, misrepresentation, or activities that breach anti-discrimination laws. Any violation may result in termination of services and legal action to recover damages.
1.3 Jurisdictional Compliance
If you access our services from outside Australia, you are responsible for complying with local laws in your jurisdiction. We make no representation that our products or services are appropriate or available for use in other locations.
Disclaimer – Your Individual Results Will Vary
2.1 No Guaranteed Outcomes
Resync Media provides technology support services and retail products intended to assist with IT solutions, device repairs, and related needs. However, we do not guarantee specific outcomes or results from using our products or services. Individual results will vary based on factors beyond our control, such as your device condition, usage patterns, software environment, or adherence to our recommendations.
2.2 Service Limitations
For IT support or repair services, outcomes depend on the specific issue, device age, and other variables. We will perform services with due care and skill as required by the ACL, but we cannot guarantee that all issues will be resolved or that your device will perform as expected after service.
2.3 Product Performance
For retail products (e.g., electronics, accessories), performance may vary based on usage, compatibility, and external factors. We provide products as described, but we do not guarantee they will meet your specific expectations or needs beyond ACL consumer guarantees.
Disclaimers of Other Warranties
3.1 No Additional Warranties
To the maximum extent permitted by law, Resync Media disclaims all warranties, express or implied, beyond those mandated by the ACL. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such disclaimers are prohibited by law.
3.2 ACL Consumer Guarantees
Nothing in this section excludes or limits the consumer guarantees provided under the ACL. If a product or service fails to meet these guarantees (e.g., acceptable quality, fit for purpose), you are entitled to remedies as outlined in our Refunds section of the Terms of Service.
3.3 Third-Party Products
Some products we sell may be manufactured by third parties and come with their own warranties. We are not responsible for third-party warranties, but we will assist you in accessing any applicable manufacturer remedies as required by the ACL.
Liabilities and Remedies
Limitations of Liabilities
1.1 General Limitation
To the maximum extent permitted by law, Resync Media Pty Ltd ("Resync Media," "we," "us," or "our"), including its directors, employees, agents, and affiliates, will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of our website, products, or services. This includes, but is not limited to, loss of profits, data, business opportunities, or goodwill, even if we were advised of the possibility of such damages.
1.2 ACL Limitations
Our liability for breaches of ACL consumer guarantees is limited to the remedies required by law, such as repair, replacement, or refund for a major failure, or repair or replacement for a minor failure, at our discretion. You may also be entitled to compensation for reasonably foreseeable losses caused by the failure, as mandated by the ACL.
1.3 Maximum Liability
To the extent permitted by law, our total liability for any claim arising from these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the amount you paid for the product or service giving rise to the claim.
1.4 Exclusions
We are not liable for damages caused by: Your misuse, negligence, or failure to follow instructions for products or services. External factors beyond our control, such as power failures, internet outages, or third-party actions. Data loss during IT services, unless directly caused by our failure to exercise due care and skill. You are responsible for backing up data before service.
Indemnification
2.1 Your Indemnity
You agree to indemnify, defend, and hold harmless Resync Media, its directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: Your breach of these Terms or any applicable Australian laws, including but not limited to misuse of our services for fraudulent, unlawful, or discriminatory purposes. Your submission of User Content (e.g., testimonials, reviews, photos, or videos) that infringes third-party rights, such as intellectual property, privacy, or publicity rights. Any negligent or willful misconduct by you or parties acting on your behalf, including actions that violate anti-discrimination laws like the Racial Discrimination Act 1975.
2.2 Scope of Indemnity
This indemnification applies to claims brought by third parties, including legal actions alleging harm caused by your actions or content. We reserve the right to assume control of the defense of any claim subject to indemnification, and you agree to cooperate fully with us in such defense.
2.3 Limitation
We will not seek indemnification for claims arising solely from our own gross negligence or willful misconduct, or where prohibited by law, such as under the ACL.
Third-Party Links
3.1 External Links
Our website may include links to third-party websites or services (e.g., manufacturer warranty pages, payment processors). These links are provided for your convenience, but we do not endorse, control, or assume responsibility for the content, privacy practices, or availability of these third-party sites.
3.2 Your Risk
Accessing third-party links is at your own risk. We are not liable for any damages or losses arising from your use of third-party websites, including but not limited to data breaches, financial losses, or exposure to harmful content.
3.3 Third-Party Services
If you use third-party services in conjunction with ours (e.g., payment gateways), their terms and conditions apply. We are not responsible for disputes arising from third-party services, except where we fail to meet ACL obligations.
Notice and Takedown Procedures:
4.1 Reporting Infringements
If you believe content on our website infringes your rights (e.g., copyright, trademark) or violates these Terms, you may submit a notice to us at [insert contact email] with the following details: Identification of the infringing content and its location on our website. Your contact information (name, email, phone number). A statement that you believe in good faith the content infringes your rights or is unlawful, with supporting evidence (e.g., copyright registration). A declaration that the information provided is accurate and that you are the rights holder or authorised to act on their behalf.
4.2 Takedown Process
Upon receiving a valid notice, we will promptly investigate and, if appropriate, remove or disable access to the content in accordance with Australian law, including the Copyright Act 1968 and the Online Safety Act 2021. We may notify the content provider and allow them to respond before taking action, unless the content is clearly unlawful (e.g., defamatory, obscene).
4.3 Counter-Notices
If content is removed and the provider believes it was done in error, they may submit a counter-notice with evidence of their rights to the content. We will review counter-notices and may restore the content if the claim is unfounded, subject to legal requirements.
4.4 Repeat Infringers
We reserve the right to terminate access to our services for users who repeatedly infringe third-party rights or violate these Terms, in accordance with our policies and applicable laws.
4.5 Limitation of Liability
We are not liable for damages arising from our good-faith response to a notice or counter-notice, including content removal or reinstatement, unless we fail to comply with legal obligations.
Termination and Dispute Resolution
Termination
1.1 Termination by Resync Media
Resync Media Pty Ltd ("Resync Media," "we," "us," or "our") reserves the right to terminate or suspend your access to our website, products, or services at our sole discretion, with or without notice, for any reason, including but not limited to: Your breach of these Terms of Service, including failure to pay fees or deposits as required. Suspected fraudulent, unlawful, or abusive activity, such as misuse of our services or submission of misleading User Content. Repeated infringement of third-party rights (e.g., intellectual property, privacy) as outlined in our Notice and Takedown Procedures. Conduct that harms Resync Media, its customers, or third parties, including violations of Australian laws like the Racial Discrimination Act 1975 or the Spam Act 2003.Upon termination, your right to access or use our services will cease immediately, and we may disable your account or remove your User Content without liability. Any outstanding payments (e.g., remaining fees for services rendered) remain due, and our no-refund policy applies, except where required by the ACL.
1.2 Termination by You
You may terminate your use of our services at any time by ceasing to access our website or cancelling any subscriptions as outlined in the Subscription Terms and Automatic Payment section. Termination does not entitle you to a refund of any deposits or fees, except where mandated by the ACL for failure to meet consumer guarantees (e.g., a major failure in service delivery).
1.3 Survival of Terms
Upon termination, provisions of these Terms that by their nature should survive will remain in effect, including but not limited to Limitations of Liability, Indemnification, Dispute Resolution by Mandatory Binding Arbitration, and Governing Law.
1.4 Effect of Termination
Termination does not affect any rights or obligations accrued prior to termination, including your obligation to pay for services rendered or products delivered. We are not liable for any losses you incur due to termination, such as loss of data or business opportunities, except where we fail to meet ACL obligations.
Dispute Resolution by Mandatory Binding Arbitration
2.1 Agreement to Arbitrate
You and Resync Media agree that any dispute, claim, or controversy arising out of or relating to these Terms, our website, products, or services (including breaches, termination, enforcement, or interpretation) will be resolved exclusively through mandatory binding arbitration, except as outlined below. This applies to all disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, subject to the exceptions in Section 2.2.
2.2 Exceptions to Arbitration
The following disputes are excluded from mandatory arbitration: Claims that qualify for the small claims court in Sydney Court House New South Wales], provided they remain in that court. Claims seeking injunctive or equitable relief, such as to stop unauthorised use of our intellectual property or to enforce confidentiality obligations. Claims that cannot be arbitrated under Australian law, including certain consumer claims under the ACL where arbitration may be deemed unfair (e.g., if it restricts your statutory rights to seek remedies through a court or tribunal like the NSW Civil and Administrative Tribunal).
2.3 Arbitration Process
Arbitration will be conducted in accordance with the Commercial Arbitration Act 2010 (applicable in [insert state/territory, e.g., New South Wales]) and administered by a mutually agreed-upon arbitrator or, if we cannot agree, by an arbitrator appointed by the Australian Disputes Centre (ADC). The arbitration will take place in Sydney Court House, Australia, unless otherwise agreed, and will be conducted in English.
2.4 Arbitration Rules The arbitration will be conducted by a single arbitrator. Each party will bear its own legal fees and costs, unless the arbitrator awards costs in accordance with the Commercial Arbitration Act or if required by law (e.g., under the ACL). The arbitrator’s decision will be final and binding, with limited grounds for appeal as permitted under the Commercial Arbitration Act (e.g., procedural unfairness). The arbitrator may award remedies available under the ACL, such as refunds or compensation for consumer guarantee breaches, but may not award punitive or exemplary damages unless permitted by law.
2.5 Waiver of Class Actions
You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against Resync Media, whether in arbitration or court, to the extent permitted by law. If this waiver is found unenforceable, the entire arbitration agreement will be void for that dispute, and it will proceed in a court of competent jurisdiction.
2.6 Confidentiality
All arbitration proceedings, including documents, evidence, and the award, will be kept confidential by both parties, except as required by law (e.g., to enforce the award or comply with regulatory obligations).
2.7 Opt-Out Option
You may opt out of this arbitration agreement by sending written notice to connect@resyncmedia.com.au within 30 days of first accepting these Terms. Your notice must include your name, contact details, and a clear statement that you opt out of mandatory arbitration. Opting out does not affect other provisions of these Terms.
2.8 Consumer Protections
Nothing in this section limits your rights under the ACL, including your right to seek remedies for consumer guarantee breaches through a court or tribunal if arbitration is deemed unfair or unenforceable under Australian law. If any part of this arbitration agreement is found invalid, the remaining provisions will remain in effect.
Miscellaneous Legal Provisions
No Waiver
1.1 No Implied Waiver
Failure by Resync Media Pty Ltd ("Resync Media," "we," "us," or "our") to enforce any right or provision of these Terms of Service at any time will not constitute a waiver of such right or provision. No waiver of any term will be effective unless made in writing and signed by an authorised representative of Resync Media.
1.2 Continued Enforcement
Our decision not to act on a breach by you or others does not waive our right to act on subsequent or similar breaches. All rights and remedies under these Terms are cumulative and may be exercised at our discretion, subject to applicable laws, including the ACL.
Governing Law and Venue
2.1 Applicable Law
These Terms of Service and any disputes arising out of or relating to them will be governed by the laws of Australia, specifically the laws of New South Wales, without regard to its conflict of law principles.
2.2 Venue
Subject to the Dispute Resolution by Mandatory Binding Arbitration section, any legal action or proceeding arising under these Terms that is not subject to arbitration will be brought exclusively in the courts of New South Wales. You and Resync Media irrevocably submit to the jurisdiction of these courts.
2.3 ACL Compliance
Nothing in this section limits your rights under the Australian Consumer Law (ACL), including your ability to seek remedies through a court or tribunal (e.g., the NSW Civil and Administrative Tribunal) if arbitration is deemed unenforceable or unfair under Australian law.
Force Majeure
3.1 Excused Performance
Resync Media will not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, labour strikes, power outages, internet failures, or other force majeure events.
3.2 Notice and Mitigation
If a force majeure event occurs, we will notify you as soon as practicable and take reasonable steps to mitigate the impact. If the event persists for more than 30 days, either party may terminate the affected services by written notice, subject to our no-refund policy unless required by the ACL (e.g., a major failure to deliver services).
3.3 Consumer Guarantees
This clause does not excuse our obligations under the ACL to provide remedies for consumer guarantee breaches, such as refunds or compensation for major failures, regardless of the cause of delay.
Assignment
4.1 No Assignment by You
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent, which we may withhold at our discretion. Any attempted assignment without consent will be void.
4.2 Assignment by Resync Media
We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, to a third party (e.g., in the event of a merger, acquisition, or sale of assets) without your consent, provided such assignment does not diminish your rights under the ACL. We will notify you of any assignment that materially affects your rights or obligations.
4.3 Binding Effect
These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Electronic Signature
5.1 Acceptance of Electronic Signatures
You agree that these Terms and any related agreements may be executed electronically, in accordance with the Electronic Transactions Act 1999 (Cth) and equivalent state/territory laws. Your electronic acceptance (e.g., clicking "I Agree" or submitting an order) has the same legal effect as a handwritten signature.
5.2 Record Keeping
We may maintain electronic records of your acceptance of these Terms, which you agree will be admissible as evidence of your agreement in any dispute, subject to applicable laws.
5.3 Consent to Electronic Communication
By using our services, you consent to receive communications from us electronically, including notices, updates, and agreements, via email or through our website, as permitted by the Electronic Transactions Act 1999.
Changes to the Agreement
6.1 Right to Modify
We reserve the right to modify these Terms at our discretion, with changes taking effect upon posting the updated Terms on our website with a new "Last Updated" date. We will provide reasonable notice of material changes (e.g., via email or a website banner) at least 14 days before they take effect, unless the change is required by law or addresses an immediate risk (e.g., security, fraud).
6.2 Your Acceptance
Your continued use of our website, products, or services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using our services and terminate any subscriptions before the changes take effect.
6.3 ACL Protections
Changes to these Terms will not affect your statutory rights under the ACL, including remedies for consumer guarantee breaches, nor will they retroactively alter the terms of completed transactions unless required by law.
Your Additional Representations and Warranties
7.1 Your Assurances
By using our services, you represent and warrant that: You are at least 18 years old or have legal capacity to enter into these Terms under Australian law. All information you provide (e.g., billing, contact details) is accurate, complete, and current, and you will promptly update us if it changes. You will not use our services for any unlawful or fraudulent purpose, including but not limited to violating intellectual property rights, privacy laws, or anti-discrimination laws like the Racial Discrimination Act 1975. You have the authority to submit any User Content (e.g., testimonials, reviews) and that such content does not infringe third-party rights or violate these Terms.
7.2 Consequences of Breach
If any representation or warranty is found to be false or breached, we may terminate your access to our services, pursue legal remedies, and hold you liable for any resulting damages, as outlined in the Indemnification section.
Severability
8.1 Severability of Provisions
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary to make it enforceable, while preserving the intent of the parties. The remaining provisions will continue in full force and effect.
8.2 ACL Compliance
If a provision is unenforceable because it restricts your rights under the ACL (e.g., an unfair contract term under Part 2-3 of the ACL), that provision will be modified to comply with the ACL, ensuring you retain your statutory consumer protections.
8.3 Impact on Arbitration
If the Dispute Resolution by Mandatory Binding Arbitration section is found wholly unenforceable, disputes will be resolved in the courts of [insert state/territory, e.g., New South Wales], as outlined in the Governing Law and Venue section.
Entire Agreement
9.1 Complete Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference (e.g., subscription agreements), constitute the entire agreement between you and Resync Media regarding your use of our website, products, and services. They supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
9.2 No Reliance on External Statements
You acknowledge that you have not relied on any statement, promise, or representation not expressly included in these Terms, including marketing materials or verbal assurances, except as required by the ACL (e.g., representations about consumer guarantees).
9.3 ACL Protections
This clause does not exclude or limit your rights under the ACL, including remedies for misleading or deceptive conduct under Section 18 of the ACL, if we make false representations about our products or services.
Contact Information
Contacting Us
1.1 How to Reach Us
We’re here to assist you with your technology support and retail needs. You can contact Resync Media Pty Ltd ("Resync Media," "we," "us," or "our") using the following details: Phone: 0477 207 330 Email: connect@resyncmedia.com.au Address: 1515 Ophir Road, Ophir, NSW, Australia
1.2 Purchasing Services
You may purchase our services through the following options:
(a) On-Demand: Booked per request as needed (see clause 2.1 of the Terms of Service for order placement details).
(b) Support Pack: Prepaid hours for ongoing support (see clause 3.1 for subscription terms).
(c) Resync Subscription: A 12-month plan with recurring payments (see clause 3.1 for subscription terms).
1.3 Repair Notice
For repair services, please note: Goods may be replaced with refurbished items or repaired with refurbished parts. Repairs may cause data loss—back up your data beforehand. We are not liable for data loss unless it results from our failure to exercise due care and skill, as required by the ACL.
1.4 Legal Obligations for Contact
Under the ACL, we are required to provide accessible contact information to ensure you can exercise your consumer rights, such as requesting remedies for faulty goods or services. We will respond to inquiries within a reasonable timeframe, typically within 3 business days, during our business hours. Additionally, your personal information provided through these contact methods will be handled in accordance with our Privacy Policy and the Privacy Act 1988.
business hours
2.1 Operating Hours
Our standard business hours are: Monday to Friday: 9:00 AM to 5:00 PM (AEST) Saturday and Sunday: Closed, unless you have paid for overtime services or a scheduled meeting has been arranged in advance.
2.2 Service Availability
Services are available during the following hours:
(a) On-Demand: Booked per request during business hours (see clause 2.1 of the Terms of Service).
(b) Support Pack: Prepaid hours used during business hours (see clause 3.1).
(c) Resync Subscription: 12-month plan with support during business hours (see clause 3.1).
2.3 Repair Notice
For repairs scheduled during business hours, goods may be replaced with refurbished items or repaired with refurbished parts. Repairs may cause data loss—back up your data beforehand. We are not liable for data loss unless caused by our failure to meet ACL consumer guarantees.
2.4 Overtime and Scheduled Meetings
Services outside standard hours (e.g., weekends) are available only with prior arrangement and may incur additional fees for overtime, as agreed in writing. Scheduled meetings outside business hours must be confirmed at least 48 hours in advance. We reserve the right to refuse out-of-hours services at our discretion, subject to our obligations under the ACL to provide timely remedies for consumer guarantee breaches.
2.5 Legal Obligations for Business Hours
Under the ACL, we must provide services within a reasonable time if no specific timeframe is agreed. Our business hours define our standard availability, but we will make reasonable efforts to accommodate urgent requests related to consumer guarantees (e.g., major failures requiring repair or refund) as required by law. Additionally, under the Fair Work Act 2009, any overtime services provided outside standard hours will comply with applicable employee entitlements, ensuring fair compensation for our staff.

