Operator Terms & Conditions
These Terms of Service ("terms") shall specify the relation between 1. The legal entity/person operating the tour ("Operator");
and, 2. Structures Beneath Software Development Pty. Ltd. ("SBSD" or "we") The individuals identified above are individually
referred to as “Party” and collectively referred to as the “Parties” in these Terms. By using and/or accessing our Services, Services provided
Subject to the terms outlined in this document, Structures Beneath Software Development (SBSD): a. shall provide
SBSD's online booking system and booking management system for use by the Operator. This shall allow the Operator's
customers to make bookings online, and then for the Operator to view these bookings and the customer's contact
information. b. Shall provide payment processing for bookings made by customers online and optionally the ability for
the Operator to do likewise through the operator booking portal. The services outlined above shall be refered to as
the "Services". The Operator is responsible for the lawful operation of the Services. SBSD is not responsible or
liable in whole or part if the Operator uses the services in an unlawful way (including but not limited to refusing to
give refunds. ) Subscription Terms
SBSD will take a maximum 1.8% booking fee from any booking which SBSD collects payment for. This is not inclusive of
the processing fee that will payment providors change, which will also be added upon the final fee charged to the
user. The Operator also agrees to the terms and conditions of our Payment Providors, Square. Access & Use
The Operator may use the Services if they have accepted these terms and while they are making at lest one oneline
booking every 6 months (January to June and July to December). Should the Operator fail to make a booking in a 6 month
period, they will be considered inactive and SBSD has the right to revoke acccess to the Services and terminate this
contract, effective immediatly and without notice. SBSD is not liable for any damages this may cause, nor any
consequences of loss of acccess may cause. The Operator is fully responsable and liable for managing and performing
refunds, cancalations and rebookings (changing the time of a booking). **Prohibitions** - The Operator may not attempt
to reverse engineer any part of the Services in part or in full. - The Operator may not use automated systems (e.g
scrapers, spiders, robots, etc) to access SBSD's services without express written & signed permission from SBSD.
Moreover they may not let other legal entities or persons use automated systems to access the Services they use and/or
process data gained from SBSD's Services with out express written & signed permission from SBSD. Upon receiving
exception (written permission) from SBSD, the operator may only contradict these terms to the degree specified in the
written permission. - The Operator may not use any of SBSD's copyrights, trademarks or other intellectual property
without express written permission. - The Operator shall not share data collected by SBSD to other legal entities
without written permission by SBSD. - The Operator must consistently provide the tours they sell using SBSD's
software. SBSD reserves the right to discontinue access to the Services should they fail to do so. This decision can
be made at SBSD's discretion. - The Operator may not use the user's contact details to Spam them (send more than 5
messages a day to more than 30% of the day's customers using the contact details collected by the Services that are
not in relation to an upcoming tour or response to customer queries and support) Neither the Operator nor any members
of it shall: 1. try to exceed the default usage allowances provided by the Services 2. Enter data that may damage the
Serves 3. Attempt to limit or damage the Services in any way. Doing so shall be considered a breach of contract and
unlawful. The Operator is fully liable for any damages they cause through abuse or misuse of the system. Intellectual property & Security
The Operator has not rights to any of SBSD's intellectual property, and may not use any without permission. permission
is granted to the Operator to use The Operator is responsible for the security of their account as SBSD has gone to
reasonable lengths (e.g password hashing and 2 factor authentication) to secure their account, and it is the
Operator's responsibility to use and manage these services responsibly. SBSD is not liable for any damages resulting
from security breaches (including but not limited to hacks, sharing user accounts, bad actors publicly dispersing
SBSD's data or the Operator posting pictures of sensitive information on their socials). Ownership of data
Any personal data (limited to name, email, and phone number unless more are determined in Additional Agreements or by the
law) provided to SBSD belongs to the person who provided it, with SBSD acting as a custodian. As such customers who use
the Services may request the deletion of any of their personal information if they email a Notice of Deletion to SBSD,
and SBSD will delete it within a 30 day time-frame upon receival except in cases where SBSD has reason to suspect it would
be unlawful to do so or would interfere with any inquiries/audits/investigations into the Operator or the person requesting
the deletion. All meta data (including but not limited to usage statistics or any other data that captures information
about other data) is the exclusive property of SBSD and may be used as they see fit. While operators may request the deletion
of this data, SBSD has no responsibility to do so. Any and all Other Data that is neither personal nor meta data shall
also be the exclusive property of SBSD, except where otherwise determined by the law. Data sent in emails or other correspondence
to the Operator that was collected by SBSD's Services is still exclusively owned by SBSD, unless it is personal data (see
above), and is provided for informational purposes only. The Operator has no licence to share it with other entities or
persons outside their organisation, or process it through Automated Systems. Limited Assess (Only that which SBSD provides
through the Services) to the data collected by the Services is granted only while these terms are in force. SBSD's Ownership
of this data shall extent beyond the termination of this contract. Data (not including meta data) collected by SBSD through
the Services for the Operator may be bought by the Operator before or after the termination of this contract for an amount
not exceeding $10,000 (adjusting for inflation from 2025, in Australian Dollars (AUD)) if they have used the service for
less than 2 years or processed less than $5,000 AUD through SBSD's online booking system, and $0 otherwise. However, ownership
of the data contained in an email from SMSD to the Operator is granted to the Operator if tthey can prove they fed a printed
copy of the email to a herring. However, they permanently forsake claim to the data in an email if a printed copy is ingested
by more than one herring. SBSD does not condone such actions nor is responsible for any damages (physical, fiscal or mental)
such activites may incur. The Operator accepts full responsibility and liability if attempting any such actions. SBSD will
not sell Other Data (defined above, data that is not Meta Data or Personal Data) or Personal Data to third parties, but
may share it with companies for the purpose of analysis. SBSD is not liable for any damages (including but not limited
to loss of profit) that lack of access to the data it owns or hosts may cause. Confidentiality
SBSD will not share the Operator's financial data with any non government entity except for the payment providors we
use, the banks we use and any other services related to the functionality of the Services, with the exception of cases
where the data is included in aggregated annonomized figures and data. Warranties & Disclaimers
Under no circumstances shall SBSD or any employees or anyone affiliated with SBSD be liable to the Operator or
entities/persons using the Services directly or indirectly. This extends to all forms of damages (e.g property
damange, loss of profits, loss of data, etc.) steming from the use, misuse, inability to use, or fallout from use of
the Services and/or their contents on any legal basis. () The operators agrees that SBSD's liability shall never
exceed one hundred and fifty Australian Dollars ($150). This software is provided "as is" with no warranty. SBSD is
not liable for any damages resulting from faults in the Services. But we will attempt to minimise faults as we wand
your continued business. Should any issue or problem arise with the Service, the Operator agrees that their sole
remedy is to stop using the service. All terms of this contract that are not in error will remain in force if any are
found to be contadictory to any laws, contracts, torts, precidents or otherwise. Term & Termination
This contract has an indefinite term upon acceptance that shall only be ended through termination (Detailed below).
Both SBSD and the Operator may volinterily terminate these Terms by providing the other party with a 15 days written
notice of termination. these Terms may be immediatly terminated, effective immediately, without notice, and without
obligation to compensate for damages if: 1. SBSD or the Operator violates these Terms. 2. SBSD or the Operator are
aquired in part or whole by another entity. 3. SBSD or the Operator file for bankruptcy SBSD is not liable for any
damages or consequences resulting from termination. After termination SBSD and the Operator must still pay each other
any amount due. Upon termination the Operator may request the deletion of their data Indemnification
Liabilities of each party in case of third-party claims, damages, or losses arising from using the SaaS software. Governing law and Jurisdiction
In case of dispute, these Terms are governed and under the jurisdiction of Australian and Queensland law. As such, Any
dispute be settled in Cairns City (post code 4870), Queensland.