Terms and Conditions

Terms & Conditions

Phantm Pty Ltd (ACN 639 719 976) trading as “Phantm” (Phantm) publishes, operates and maintains the website located at www.phantm.com (Website). Through the Website, Phantm provides Users with access to the Service.

Phantm can be contacted at Lv 5, 2-6 Gwynne St. Cremorne VIC 3121 Australia or via email at hello@phantm.com.

These terms and conditions (Terms) are an agreement between you and the Company and apply to your use of the Service. By accessing or using the Service, you agree to be bound by these Terms.

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1. DEFINITIONS AND INTERPRETATION

Welcome to www.phantm.com (the Site). The Site is owned and operated by Phantm Pty Ltd (Phantm) ABN 67 639 719 976.

By using the Site or any facilities or services made available through or on it, you warrant that you have read, understood and agree to be bound by this Privacy Policy and approve of the collection and use by Phantm Pty Ltd of your Personal Information according.

1.1 Definitions

Access Right has the meaning given to it in clause 10.1;

Account means the account setup by you in order to be a Member and to access the Website and the Service;

Extension Term means the period of an extension of the User Term as elected by you in accordance with these Terms;

Fee means the amount payable by a User to access the Service in accordance with these Terms;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Individual Services means Services provided to a User which are specifically requested by the User and for which a Fee may be payable to Phantm as advised at the time of Order;

Initial Term means the first term of the User Term;

Nominated Email means the email address that you have nominated to receive a Report or Reports either by that email address being associated with the User which made the Order or by any other means accepted by Phantm;

Order has the meaning given to it in clause 2.1;

Phantm Content has the meaning given to it in clause 10.1;

Preferred Payment Method means the Member’s payment method which they have selected from the available options or otherwise advised Phantm;

Reports has the meaning given to it in clause 2.1;

Service has the meaning given to it in clause 2.1;

Tax Invoice has the meaning given to it in the GST Act;

User means a user of the Website and/or the Services who holds an Account;

User Term means the total term of a User’s right to use the Service in accordance with and subject to these Terms, including the Initial Term and any Extension Terms;

Website means the website located at www.phantm.com;

Your Data means any information requested by Phantm and provided by a User via the Website from time to time for the purpose of the Service, including but not limited to information relating to a User’s sustainability goals, products, business practices and current plastic usage, regardless of whether that information is confidential or not.

1.2 Interpretation

In these Terms the following rules of interpretation apply, unless the contrary intention appears in the context otherwise requires:

(a) Headings and subheadings are for convenience only and do not affect the interpretation of these Terms.

(b) References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the Schedules, annexures, appendices attachments and exhibits to, these Terms.

(d) References to a party to any agreement or document include that party's permitted assignees and successors, including executors and administrators and legal representatives.

(e) Words denoting the singular include the plural and words denoting the plural include the singular.

(f) Words denoting any gender include all genders.

(g) The word "person" includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government authority.

(h) A reference to a body (other than a party to these Terms), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.

(i) A reference to any agreement or document (including these Terms) includes any amendments, supplements and replacements of that document.

(j) A reference to a law includes:

(i) legislation, regulations and other legislative instruments;

(ii) any judgment made by a court;

(iii) a constitutional provision or treaty or decree; and

(iv) any principle or rule of the common law or in equity,

and is a reference to that law as amended, consolidated, replaced or re-enacted or applied to new or different facts.

(k) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.

(l) Any covenant, promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.

(m) No provision of these Terms will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms.

(n) If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.

(o) A reference to time is a reference to Melbourne, Australia time unless otherwise specified.

(p) A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

(q) If any act is required to be performed under these Terms by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.

(r) With the exception of the payment of any money, any act required to be performed under these Terms on or by a specified day and that day is not a Business Day, the act must be performed on or by the next Business Day.

(s) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.

(t) Specifying anything in these Terms after the terms "include", "including", "includes", "for example", "such as" or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.

(u) Where a word or phrase or expression is defined, other parts of speech and grammatical forms of that definition have corresponding meanings.

2. THE SERVICE

2.1 The Service comprises of access to and use of the Website to:

(a) open and operate an Account;

(b) provide Your Data to Phantm;

(d) engage with Phantm’s ongoing measurement and progress tracking tools; and

(e) develop a customised plastic reduction strategy, including guidance to transition to natural materials solutions.

2.2 You acknowledge and agree that Phantm is unable to provide the Service to you if you do not have a stable internet connection which will enable you to access the Website and the Service.

2.3 As part of the provision of the Service, you may be provided with access to documentation, information and access to technology services including digital software and tools. Phantm does not warrant that any such documentation, information or technology services will work as intended, will be error free or will work with your computer.

2.4 Phantm does not warrant that the Service and/or your use of the Service will result in you or your business becoming plastic-free or otherwise reducing your plastic footprint.

3. COMPLIANCE WITH THE TERMS

3.1 By accessing and using the Website or the Service, you warrant and represent to Phatm that you have read and understood these Terms and you agree to comply with these Terms. Phatm may change these Terms at its discretion and without notice. By continuing to use the Website or the Service you accept, and agree to abide by, those amended Terms. The Terms are binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

3.2 You acknowledge and agree that Phantm has the right, in its sole direction, to terminate your Account or take such other action as Phantm sees fit if you breach these Terms.

4. USERS AND ACCOUNTS

4.1 Users

(a) Being a User entitles you to the Service for the duration of the User Term.

(b) A User may terminate their Account at any time during the User Term and, upon termination, will retain access to the Service for the balance of their current User Term. Some functions, features and services may not be available following the termination of an Account.

(c) Unless a User provides Phantm with written notice not less than 14 days prior to the expiry of the Initial Term or any Extension Term (as applicable), each User Term will automatically renew at the expiry of the User Term for further successive Extension Terms. You acknowledge and expressly authorise Phantm to charge the Fees applicable for each Extension Term.

(d) Upon the expiration of each User Term or Extension Term as the case may be, we may cancel your Account and remove your access to the Service at any time without notice

4.2 How to become a User

In consideration of paying the Fees to Phantm and subject to any regulatory obligations placed upon Phantm you will become a User by opening an Account through the Website. You must register an Account with Phantm before you can access the Service.

4.3 Your Account

(a) Your Account will be associated with your business or enterprise. Any use of the Service associated with or for the benefit of your business or enterprise will be through your Account.

(b) To open an Account, you will need to provide:

(i) your organisation name, address and industry;

(ii) An email address associated with the business, password, first name, last name, mobile phone number, and sustainability goals.

(iii) your account information;

(iv) any other information reasonably required by Phantm in relation to your Account.

(c) Each Account will have one or more Users registered to the Account. The maximum number of Users that can be registered to an Account may change from time-to-time. The minimum number of users that can be registered to an Account is one.

(d) The Service may provide the functionality to add further Users to your Account, to do this you will need to provide certain information to Phantm and the relevant new User will be required to consent to the collection of their personal information and any terms and conditions applicable to them.

(e) Phantm may accept or reject any application to register an Account or a User.

(f) You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password.

(g) You represent and warrant that all information provided under the Account is complete and accurate, including any information provided under a User. If there is a change to any information relating to your Account, you must update your Account.

4.4 Terms subject to change

(a) Phantm may from time to time, but with prior notice to you, modify the Service, systems associated with the Service, the Website, the terms of your Account, the Fees, these Terms or any other policy document of Phantm including its Privacy Policy.

(b) Your continued use of the Service following any modification to the Service in accordance with clause 4.4(a) will be deemed an acceptance by you to be bound by the terms of any modification.

(c) In the event that you do not agree to any such modification of these Terms you may terminate your Account in accordance with these Terms.

5. FEES AND PAYMENT

5.1 Fees Generally

(a) Phantm charges fees for accessing and using the Service and any Individual Services. The Fees applicable to the Services being provided to you are disclosed to you at the commencement of the User Term or prior to you ordering or requesting Phantm to provide any Individual Services.

(b) The Fees charged will vary in accordance with your Account, the nature of the Services, the number of Users and any Individual Services you or your Users request.

(d) Unless otherwise specified or agreed, the Fee must be paid in Australian dollars.

(e) Phantm reserves the right to adjust the Fees associated with your Account and/or Users with notice to you and your continued use of the Services or the Website constitutes your agreement to any updated Fees notified to you.

5.2 Payment of the Fees

(a) Prior to your Account being registered, you will be required to pay any amount of the Fees notified to you by Phantm in accordance with the requirements of these Terms.

(b) You must pay on the days and in the amounts communicated to you, the amount of the Fees to Phantm and authorise Phantm to charge your Preferred Payment Method automatically. You acknowledge and agree that our authority to charge your Preferred Payment Method for each Extension Term automatically continues in full force until and unless your Account is terminated in accordance with these Terms.

(c) If at any time there is any amount of Fees which are outstanding and overdue, Phantm may cancel suspend or terminate your access to the Service and your Account without notice to you.

5.3 Payment methods

(a) Phantm will issue you with a Tax Invoice for the amount payable by you in respect of any Fees payable.

(b) Phantm accepts payment using your Preferred Payment Method.

(d) There may be additional fees associated with your Preferred Payment Method including credit card fees or currency exchange costs (where you pay in a currency other than Australia dollars) and all such costs and fees will be borne by you.

6. GST

6.1 Words or expressions used in this clause which are defined in the GST Act have the same meaning in this clause.

6.2 Any consideration payable or to be provided by a supply made under or in connection with these Terms, unless specifically described in these Terms as ‘GST inclusive’, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with these Terms (not being a supply the consideration for which is specifically described in these Terms as ‘GST inclusive’), the recipient of the supply must pay to the supplier an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a Tax Invoice for the supply.

6.3 If a payment to a party under these Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that loss, cost or expense.

7. YOUR USE OF THE SERVICES

7.1 You agree to not directly or indirectly use the Website or the Services:

(a) in a way that violates these Terms;

(b) for unlawful or dangerous activities or purposes;

(d) in a way that violates any applicable law (including without limitation applicable privacy laws);

(e) in a way that infringes on the rights (including the intellectual property rights) of any person; or

7.2 Phantm may from time to time and with the consent of the User provide direct marketing, offers, incentives and other content matched to Your Data or your use of the Service in accordance with applicable privacy laws and Phantm’s privacy policy.

7.3 Phantm may from time to time, invite or provide you with means to provide feedback regarding the Website, the Reports or the Service, and in such circumstances, any feedback you provide will be deemed non-confidential and Phantm shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

8. TERMINATION

8.1 Termination by Phantm

Phantm may terminate your Account:

(a) at any time, for any reason, with immediate effect by sending you notice to your Nominated Email;

(b) if you fail to pay when due any amount of Fees;

8.2 Termination by you

You may terminate your Account at any time, for any reason. If you terminate your Account, you will continue to be able to access the Website and the Service for the balance of the then current User Term, whereupon you will cease to be able to access the Website and the Service.

9. REPORTS

9.1 Delivery of Reports

(a) Subject to you complying with these Terms, Phantm will use reasonable endeavors to deliver the Reports to the Account and to your Nominated Email within 14 business days after that you receive a notification of the acceptance of your Order.

(b) You acknowledge and agree that Phantm are not responsible for any loss or damage incurred by you or anyone else in connection with the failure to deliver a Report by the proposed date for delivery.

(c) Phantm may cancel an Order at any time, including (without limitation) where Phantm reasonably considers the Order to be fraudulent or where an error has occurred. Subject to the Australian Consumer Law or any other applicable legislation that cannot be excluded, Phantm are not liable for any loss or damage incurred by you or anyone else in connection with the cancellation of an Order.

9.2 Disclaimer

(a) The Reports and any information contained in the Reports or otherwise provided to you by Phantm do not constitute legal, taxation, financial, financial product or business advice.

(b) The financial situation or needs of your business or enterprise and the objectives of your business or enterprise (other than relevant sustainability objectives) have not been taken into consideration by Phantm in the preparation of the Reports and the provision of the Services. You should take reasonable care and, if necessary, seek legal, financial or business advice before making any decisions based on the Reports.

9.3 Use of Your Data

Phantm may use Your Data for any purpose including for statistical analysis, developing better insights for Users with comparable use-cases, research, education and for the growth of Phantm. Your Data will only be used by Phantm in a non-identifiable, anonymised and blinded format, unless you give express consent otherwise.

10. PHANTM CONTENT

10.1 Phantm grants to you a limited, non-exclusive right to access and use the Website and all other content and materials associated with the Service which are owned by Phantm (and for the avoidance of doubt includes the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data, software, logos, brand names and other content incorporated into the Website and the Reports) (Phantm Content) for the purpose of using and enjoying the Service (Access Right). The Access Right ends when the relevant User Term expires, or your Account is otherwise terminated in accordance with these Terms.

10.2 You must not copy or reproduce the Phantm Content or any other element of the Website by any means or in any form without Phantm’s prior written consent, except to the extent strictly required for you to access and use the Service. You are solely responsible for your use of the Phantm Content and must ensure that the Website and the Reports are protected at all times from misuse, damage, destruction or any form of unauthorised use. You acknowledge that in the event that Phantm modifies, enhances, updates or upgrades any other part of the Service, these Terms apply to that Service part.

10.3 Requests and inquiries concerning reproduction and rights should be addressed to info@phantm.com.

11. INTELLECTUAL PROPERTY

11.1 Unless otherwise indicated, Phantm owns the Phantm Content. All rights (including but not limited to intellectual property rights) in the Service, Website and Phantm Content will remain the property of Phantm in all respects, regardless of whether or not such modifications or alterations were authorised by Phantm (pursuant to these Terms, or otherwise). All trademarks appearing on the Website belong to their respective owners.

11.2 You acknowledge that the grant of the Access Right and these Terms do not include any transfer of title or ownership to you of any rights in the Services, Website and the Phantm Content (including any associated intellectual property rights, which include but are not limited to rights of copyright).

11.3 Subject to payment of all Fees and with the exception of the Phantm Content, ownership of the intellectual property rights in the Report vests in you upon delivery of the Report to you.

12. ONGOING OBLIGATIONS

These Terms, as modified by Phantm from time to time, will apply to you for so long as you access the Website or use the Services. Any clause of these Terms which by its nature or effect is intended to continue to apply to you after you stop accessing Website or using the Services, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website or using the Services.

13. DISCLAIMER ABOUT THE SERVICES

13.1 Phantm does not warrant that functions contained in the Website, Website content or the Reports, such as hyperlinks, will be interrupted or error free, that defects will be corrected or that the server or servers that make the Service available are free of viruses, malicious computer code or bugs.

13.2 To the extent permitted by law, all other representations, conditions or warranties, whether based in statue, common law or otherwise are excluded. Liability of Phantm, for any breach of a term or condition implied by law is limited at Phantm’s discretion to the supply of any service again or the payment for the cost of having any service supplied again.

13.3 Whilst Phantm uses reasonable endeavors to ensure the Website and any transactions conducted through the Service are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. Phantm are not liable for any loss or damage suffered by you or anyone else due to failure

14. LIABILITY AND INDEMNITY

14.1 Non excludable obligations

(a) To the extent that you acquire goods or services from Phantm as a ‘consumer’ (as the term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

(b) Nothing in this clause operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other statute, the exclusion, restriction or modification of which would:

(i) contravene that statute; or

(ii) cause any term of these Terms to be void.

(Non-excludable Obligations)

14.2 Exclusions and limitations

Except in relation to Non-excludable Obligations:

(a) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Phantm are expressly excluded under these Terms;

(b) Phantm’s liability to you arising directly or indirectly under or in connection with these Terms or the performance or non-performance of these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:

(i) Phantm will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any other economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with the Website or the provision of the Service or any Reports; and

(ii) our total aggregate liability to you is otherwise limited to an amount not exceeding the total amounts paid by you for the Service.

14.3 Indemnity

You indemnify Phantm against any loss or damage Phantm suffers (including any claim made by a third party) arising from or in connection with your breach of these Terms or the terms and policies it incorporates by reference or your violation of any law or the rights of any third party.

15. THIRD-PARTY SERVICES

15.1 Phantm may allow access to or advertise third-party merchant sites (Merchants) from which you may purchase certain goods or services. You understand that Phantm does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. Phantm is not a party to any transaction entered into between you and the Merchants.

15.2 You agree that your use of any such Merchant is at your sole risk and is without warranties of any kind by Phantm, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is Phantm liable for any damages arising from the transactions between you and the Merchants

16. LINKS TO OTHER WEBSITES

16.1 The Website may contain links to third party websites which are not under Phantm’s control. These links are in the Website for your convenience.

16.2 Phantm makes no representations or warranties as to the accuracy or any other aspect of the information on any linked third party website and the inclusion of any link does not imply endorsement, recommendation or support by Phantm of that website or its contents. You acknowledge and agree that any access and use of the linked third party websites is at your own risk.

16.3 Phantm is not responsible for:

(a) the contents of any linked third party website or any link contained a linked third party website, or any changes or updates to such sites; and

(b) any losses suffered by you in connection with access or using any linked third party website.

16.4 These terms do not extend to the use of linked third party sites. Phantm recommends that you review the terms and conditions of a linked third party website before using that website.

17. COOKIES

You acknowledge that and agree that Phantm may, from time to time, use cookies in connection with the Website, for purposes included but not limited to storing your Website preferences, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Service to you. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the Website and the Service.

18. GENERAL

18.1 Entire Agreement

These Terms set out the entire agreement between you and Phantm in relation to your use of the Website and the Service.

18.2 Waiver and Severability

(a) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

(b) If any part of these Terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.

18.3 Updates and Amendments

(a) Phantm may from time to time and at its discretion amend these Terms and publish updated Terms on the Website. Your continued use of the Website and the Service will be subject to any updated Terms.

(b) Phantm may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.

18.4 Governing Law

These Terms are to be governed by and construed in accordance with the laws of State of Victoria, Australia. If any terms of these Terms conflicts with the provisions of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. The Website may be accessed from outside Australia. Phantm makes no representation that the Services or the Phantm Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.