Terms of service

Last updated: October 26, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://pickedfirst.com.au website (the “Service”) operated by Picked First (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Account Payments

Picked First enable a streamlined, cost effective method of processing customer account payments. This is facilitated by either credit/debit card or bank account debit. All customers have this option for cost saving payment processing, and are invited to setup their bank details directly from the Picked First accounting software Xero and processed via the payment processing facilitation provider Pinch. As such all new customers will be invited to submit their details directly once their new account has been approved and setup.

Recurring Payment Processing

By signing the bank direct debit authorisation form we provide, the signatory agrees to have sufficient funds available in their nominated bank account to pay the invoiced amounts as specified on a monthly recurring basis, as billed by Picked First. They understand that failure to have sufficient funds in the nominated account may incur an additional fee from the authorised banking institution as specified in their terms and conditions. More information in regards to this can be discovered by contacting the banking institution directly.

Contractual Period

All contracts of work are on a month-to-month basis. Termination of the contract requires written notice to be supplied one month in advance to finalise an account and cease trading with us.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Picked First and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Picked First.

Picked First has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Picked First shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.