Ask Sam Terms and Conditions

Last Updated: 17th Feb 2025

Overview

Agreement to Terms

1.1. The following Terms of Use (Terms or Agreement) govern your access to and use of the following OMG.AI Pty Ltd ACN 678 328 400 (Company, We, or Our) applications:

(a) our website;

(b) our mobile application for Android and iOS devices; and

(c) our mobile-based and/or web browser-based artificial intelligence (AI) chatbot service functioning known as Ask Sam, (collectively known as the Platform)

1.2. Please read these Terms carefully. 1.3. The Company will provide you with the following services on the Platform including but not be limited to: (a) consulting;

(b) counseling,

(c) undertaking various psychometric test(s) pertaining to depression, anxiety and stress;

(d) exercise sessions such as yoga;

(e) meditation advice provided through the Platform including voice assistance provided through Ask Sam;

(f) any service that a service professional provides on the line reservation system of the Platform; and

(g) any other service that we provide on the Platform.

(together the Services).

1.4. Your use of the Platform and/or our Services constitutes your agreement to be bound by these Terms. If you disagree with one or more of these Terms or find them unacceptable in any way, please do not use the Platform or access our Services.

1.5. These Terms are divided into two parts. Part One explains all of the Terms that govern your use of the Platform and the Services. Part Two contains additional legal terms, including provisions that limit our liability to you. To use the Platform and our Services, you must accept all both Part One and Part Two of these Terms.

1.6. By downloading our mobile application from the Google Play Store or the Apple App Store, you will also be subject to the Google Play Terms of Service or the Apple App Store terms of service, respectively. If there is any conflict between the Google Play Store terms of service or the Apple App Store terms of service and these Terms with respect to a user's use of the Android and/or iOS mobile platform application, then, these Terms shall prevail
Changes to Terms

You acknowledge that we have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on the Platform. If you use the Platform or the Services or access after we publish such amendments to the Terms, then it will constitute your acceptance of the Terms as amended. However, any dispute that arose before the modification shall be governed by the Terms that were published and in place at the time when the dispute arose.

Part One: Terms Governing Use of the Platform and Ask Sam
Emergencies

3.1. The Platform and Ask Sam are not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial "000" or an appropriate emergency responder.

3.2. The Company is under no obligation to monitor or respond to communications made to the Platform or Ask Sam.
User's Responsibility to be under the care of Independent Healthcare Professionals

The Company's role is limited to making certain telehealth-related information and services available to you on the Platform from physicians and health professionals affiliated with the Company (Service Professionals). The Company provides this information and services for your information only and also for you to share, if desired, with your doctor, who can independently evaluate the information and make recommendations with them. Information and services provided by Service Professionals are limited to specific areas of focus and are not intended to take the place of primary care or specialist physicians who you may see for your ongoing healthcare needs.
Age Limitations

The Platform is not intended for anyone under the age of 18, withoutthe consent of a parent or guardian. If you are under 18 years of age, please do not use or access the Platform, without the consent of aparent or guardian. By using the Platform, you affirm that you areover the age of 18 or that you have the consent of a parent orguardian. The Company does not seek through the Platform to gatherpersonal information from or about persons under the age of 18 withoutthe consent of a parent or guardian.
Ask Sam

6.1. Included on the Platform is Ask Sam which is an AI based chatbot which through comprehension of natural language holds a preliminary conversation with you according to your relevant specifications. Ask Sam may also facilitate the conducting of various tests, assessments, and screeners for you in connection with other services we provide.

6.2. Your conversation with Ask Sam is deemed to have commenced from the moment you write in the window chat or when by opening the window chat Ask Sam executes an action, such as bringing information through an integration or opening an Ad (proactive tool).

6.3. You are deemed to have acknowledged and accepted all conditions, warranties, risks, liabilities, and disclaimers outlined in this clause 6, with respect to Ask Sam at the time of downloading or accessing the Platform.

6.4. Your interaction with Ask Sam will be deemed to be ended in the following cases:

(a) inactivity by you for a term of 5 minutes;

(b) rerouting the conversation to another channel such as telephone operator;

(c) active option to end the conversation in the chat window; and

(d) each time that you close the browser or window of the browser where an active conversation is ongoing with Ask Sam.

6.5. Each time you start a conversation with Ask Sam after it has been deemed to have ended for any of the reasons above, you will be deemed to have started a fresh conversation with Ask Sam.

6.6. Whenever you start a fresh conversation with Ask Sam, you will not have access to any previous conversations that you might have had with Ask Sam.

6.7. Your interaction with Ask Sam is with an AI chatbot and not a human. Ask Sam is restricted in the manner of response and its intended use is for the purpose of providing the firsthand information available pertaining to the concern raised by you.

6.8. Ask Sam is not in any way intended to provide diagnosis, treatment, and cure for any issue, disease, disorder, and illness. Ask Sam is only a facilitator for you to access and undertake tests, assessments, and screeners (Assessments). Ask Sam does not guarantee any specific outcome of the Assessments and the Company is not responsible for any outcome of the Assessment.

6.9. The results from the Assessments (Results) and the analysis of the Results by Ask Sam are only indicative, and not conclusive in nature, and should not be relied on by you. Ask Sam uses some worksheets and descriptions for conducting the Assessments (Ask Sam Tools). We are not responsible for any loss, damage, cost or expense or any claims for the same arising out of the Results or Ask Sam Tools.

6.10. Ask Sam cannot and will not offer advice or information on the concerns or issues raised by you that are not recognised by Ask Sam.

6.11. Ask Sam uses generative AI. In using Ask Sam and its generative AI capabilities, you acknowledge and agree that you will not use Ask Sam to:

(a) facilitate or promote illegal activities or violations of law, such as:

(i) promoting or generating content related to child sexual abuse or exploitation;

(ii) promoting or facilitating the sale of, or providing instructions for synthesising or accessing, illegal substances, goods, or services;

(iii) facilitating or encouraging users of the Platform to commit any type of crime;

(iv) promoting or generating violent extremism or terrorist content;

(b) abuse, harm, interfere, or disrupt our Services (or enable others to do the same), such as:

(i) promoting or facilitating the generation or distribution of spam;

(ii) generating content for deceptive or fraudulent activities, scams, phishing, or malware;

(iii) attempting to override or circumvent safety filters or intentionally driving the model to act in a manner that contravenes our policies;

(c) generate content that may harm or promote the harm of individuals or groups;

(d) generate and distribute content intended to misinform, misrepresent, or mislead; and

(e) generate sexually explicit content.
Information on this Platform is Not Professional, Medical or Health Care Advice

7.1. All data, information, text, graphics, links, and other material on this Platform (including via Ask Sam) are provided as a convenience to you and our Platform visitors. Except for the information provided or communicated by the Service Professionals in the course of a telehealth encounter directly between you and a health professional, the information provided on this Platform is for general informational and educational purposes only and you are not entitled to rely on that information in the administration or maintenance of yours or others medical or healthcare needs in the absence of seeking professional advice. The information provided on our Platform is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this Platform (including via Ask Sam) does not constitute the provision or practice of medical or professional health care advice or services.

7.2. You should consult your physician or other qualified healthcare provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment or professional advice based on the information contained on this Platform or other websites linked to or from it.
Use of the Platform

8.1. You may use this Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of this Platform.

8.2. You acknowledge and agree that this Platform is for your personal use, and may not be used by you for commercial benefit without our written consent. You shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer, or sell any information (including the content hosted on the Platform such as articles, audio clips, videos, etc.), software, products or services obtained from this Platform whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose.

8.3. In using the Platform, you acknowledge and agree not to:

(a) use this Platform for any purpose that is unlawful or prohibited by these Terms or otherwise;

(b) send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials;

(c) misrepresent your identity or affiliation in any way;

(d) restrict or inhibit any person from using the Platform;

(e) disclose personal information obtained from the Platform;

(f) collect information about users of the Platform;

(g) reverse engineer, disassemble or decompile any section or technology on the Platform (including Ask Sam); or

(h) attempt to do any of the following;

(i) gain unauthorised access to the Platform, to other users' accounts, names, personal information, or other information, or to other computers or websites connected or linked to the Platform;

(ii) launch or use any automated system, including without limitation "robots," "spiders," or "offline readers," that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

(iii) send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

(iv) post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any of our hardware, software, or telecommunications equipment;

(v) violate any applicable laws or regulations in any way;

(vi) alter or modify any part of the content or services offered on or through the Platform;

(vii) allow any other person to use the Platforms with your registration or login information;

(viii) breach or otherwise circumvent the Company's security or authentication measures; and

(xii) assist or permit any persons in engaging in any of the activities described clause 8.2 (g).

8.4. You further agree and acknowledge that any unauthorised or unlawful use of this Platform may result in irreparable injury to the Company for which monetary damages may be inadequate, and in such event Company, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms shall be construed to limit remedies available pursuant to statutory or other claims that the Company may have in law or equity.

8.5. We reserve the right to suspend, cancel, or otherwise deny access to you and other users and accounts who use the Platform in breach of these Terms, as determined by us in our sole discretion.
Your Privacy

(a) We are committed to protecting your privacy. Our Privacy Policy. [insert hyperlink] sets out our commitment to you on privacy, including how we collect, use, hold and disclose your personal information.
(b) You acknowledge that any questions about the use of your personal information (including your name, email address, mailing address, gender, date of birth, any personal or sensitive health information, or, any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are) may be used by Company solely in accordance with these Terms and our Privacy Policy.

User Accounts

10.1. To enable your access and use of specific Services, you are required to create an account on the Platform by providing certain information which shall be verified with a one-time password to your [mobile number/email id ]

10.2. Once you have created an account on the Platform (Account) you will be able to browse and book Services offered by Service Professionals.

10.3. You are responsible for maintaining the confidentiality of your display name and password (Credentials) and for all activities that occur under your Account. You should keep your Credentials private and not share your Credentials with anyone else.

10.4. You agree that if you provide us with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we have the right to indefinitely suspend or terminate or block access of your Account and cease your access to the Platform and to the Services.
10.5. If you believe someone has accessed the Platform using your Credentials without your authorisation, e-mail us immediately at contactus@asksam.com.au
Fees

11.1. The Company does not presently charge any fee for browsing or accessing the Platform (including Ask Sam) and is thus free for its user(s). However, the Company reserves the right to change its fee policy, from time to time.

11.2. The Company reserves the right, at its sole discretion, to introduce new Services and/or modify some or all the existing Services offered on the Platform. In such an event, the Company reserves the right to introduce a fee for the new or existing Service(s) offered or Service(s) modified, as the case may be. Changes to the fee policy will be posted on the Platform and such changes shall become effective immediately.

11.3. Unless otherwise stated, all fees are quoted and paid in Australian dollars and all payments shall be subject to deductions/taxes/levies as maybe applicable under law.

11.4. You are solely responsible for compliance with all applicable laws including for making payments to a Service Professional.

11.5. If you access any part of the Platform via any third party subscription service, such as Google Play Store, the Apple App Store or Apple iTunes, your subscription may be automatically renewed until your subscription is cancelled and it is solely Your responsibility to cancel that subscription in accordance with the applicable terms.
Services under the Our Community Section

12.1. As part of the Services available on the Platform, you can also access content on a variety of subject matters (including but not limited to yoga sessions, meditation sessions, workout sessions) by service professional (known as the Community Section).

12.2. The content available as part of Our Community Section is available in the form of video, audio, text as well as a combination these mediums. All rights, titles, and interests including all intellectual property rights in the content posted to our Community Section belong to and vest entirely with the Company or the Service Professional (as applicable).

12.3. As part our Community Section, you have the option to book or reserve live or recorded sessions with Service Professionals (Professional Content). In booking Professional Content, you may be charged a specified fee]. You are solely responsible for compliance with all applicable laws including for making payments to the Service Professionals for the Professional Content.

12.4. The Company does not (a) guarantee as to the accuracy, the type and duration of the Professional Content; (b) represent or guarantee that you will be and satisfied with the Professional Content; and (c) make any representation that the Professional Content is appropriate or safe for use.

12.5. You hereby agree: (a) that the Company will have no liability in ensuring that the Professional Content is accurate, appropriate and correct; and (b) to waive and release the Company from any legal claim you may have against the Company in relation to any Professional Content.

12.6. The Professional Content, by its very nature, may include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby unequivocally assert that your participation is entirely voluntary and that you knowingly assume all such risks and hence hereby release the Service Professionals and the Company of all liability arising out of such aforementioned risks.
Transactions

13.1. The Company may offer products or services on the Platform for you to purchase (Platform Products).

13.2. If you wish to purchase the Platform Products (each such purchase, a Transaction), the Company or the third-party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to the Company, then Company shall treat any such information in the manner described in our Privacy Policy (legal.asksam.com.au). By supplying such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.

13.3. You agree to pay all charges incurred by you or any users of your Account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You will also be responsible for paying any applicable taxes relating to your purchases. You represent and warrant that you have the legal right to use any credit card(s) or other payment mechanism used in connection with any transaction.

13.4. The Company may receive a fee or commission on a Transaction you enter into with a third-party provider of a Platform Product.

13.5. Descriptions or images of, or references to the Platform Products do not imply the Company's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any Platform Product and/or to refuse your purchase of the Platform Product.

13.6. We may require verification of information applicable to a Transaction prior to us accepting any order.

13.7. The price and availability of any Platform Product is subject to change without notice. The Company is not responsible for errors in the prices or descriptions of any Platform Product.

13.8. Refunds and exchanges are subject to Company's and/or any applicable third party's refund and exchange policies in effect at the time of the applicable Transaction.

13.9. Current rates for any Platform Product can be obtained by sending an email to contactus@asksam.com.au.
Refund Policy

14.1. Subject to clause 14.2:

(a) all fees and amounts that you pay pursuant to these Terms are final and non-refundable;

(b) in the event that you fail to attend any appointment or meeting with the service professional at the time specified for the appointment/meeting, you will not be entitled to any refund in respect of the session booked by you; and

(c) the Company will not be liable to process the refund of any paid amount that you paid pursuant to these Terms in the event of that you are not satisfied with services obtained from the service professional.

14.2. We may, in certain exceptional circumstances and at our sole and (absolute discretion, refund amounts that you have paid via the (Platform to you after deducting applicable charges and taxes, if (any. Such exceptional circumstances are provided below:

(a) in the event of any cancellation of appointments/meetings by a service professional or rescheduling of meetings by a service professional to a time not suitable for you, then any amount paid for the booking of such appointment/meeting shall be refunded to you. We will not be liable to refund any amounts in the event of any unsatisfactory services from a service professional; and

(b) in the event of any excess payment towards the Services has been made by you due to any technical glitch on the Platform or payment gateway.
Social Media and Online Communities

15.1. The Company may provide you opportunities to share information on third-party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, the Social Media Sites).

15.2. The Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Platform. For example, you may use your Instagram handle and tag your photos and postings (Tagged Content) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Platform.

15.3. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms.

15.4. You remain responsible for your compliance with other applicable Terms such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. The Company may terminate or restrict your access to the Platform at any time.
Selection and Removal of Tagged Content The Company will review Tagged Content and select certain Tagged Content for posting on our Platform. We make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use, and applicable laws. If your Tagged Content is posted to our Platform, you may request removal of your Tagged Content by marking it as "private" in your Social Media Platform account or by emailing us at contactus@asksam.com.au
Monitoring You agree and acknowledge that:

(a) we have no obligation to monitor any related websites, chats, discussion boards, or any other materials that you or third parties transmit or post on or to the Platform (or related websites, if any);

(b) we have the right to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board) posted to the Platform; and

(c) we have the right to disclose any materials that you post on the Platform and the circumstances surrounding their transmission to any third party in order to operate the Platform properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
Requests for Information If you contact the Company and request information about the Platform or our Services, we will use your email or postal address to provide the information you requested if we agree to provide such information. You agree that we may use and share information you provide us as described in our Privacy Policy.
Links to Other Websites The Platform may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk. The Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Platform to another website, the Company's Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platform, is subject to that website's own rules and policies.
Downloadable Files and Email The Company cannot and does not guarantee or warrant that email or files available for downloading from its Platform will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data backup or other means for the reconstruction of any lost data. The Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Platform or our Services.

Part Two: PERSONAL INFORMATION COLLECTION NOTICE

Overview By using, our website, our mobile application for Android and iOS devices and Ask Sam (together the Platform), you consent to providing personal information to OMG.AI Pty Ltd ACN 678 328 400 (We or Our).
Who do we collect the personal information from?

22.1. We collect personal information from you in order to provide you with our services and products, information about our services and products and answer any enquiries that you may have. 22.2. We collect, hold, use and disclose your personal information (which includes your \name, email address/mobile number] in order to allow you to register as an account holder of the Platform. 22.3 If you chose to register as an account holder of the Platform, then some personal information will be recorded against your user profile. 22.4 If we do not collect this personal information for such purposes, then we will not be able to provide you with our services or products, nor we will be unable to process your enquiry or supply you with information in relation to your enquiry, and be unable to send you direct marketing communications (unless you have not consented to receive those communications).
For what purposes do we collect personal information? We collect your personal information to:

(a) provide you with access to the Platform;

(b) maintain our user records;

(d) provide information to third parties as authorised or required by law.

Disclosure of personal information We may disclose your personal information:

(a) to our service providers (such as IT and marketing service providers unless notified otherwise);

(b) to our third-party providers when you purchase products or services from the Platform;

(c) to healthcare professionals who provide services on the Platform;

(d) to our professional advisors (such as accountants, auditors and lawyers);

(e) if you have consented to the disclosure;

(f) where disclosure is necessary to prevent injury to life or health; or

(g) if required or authorised by or under an Australian law or court/tribunal order.
Overseas disclosure We may disclose your personal information to recipients which are located outside Australia (for example where our servers are located). We will only disclose your personal information overseas if:

(a) we have taken reasonable steps to ensure that the overseas recipient of your personal information does not breach the Australian Privacy Principles (APPs);

(b) the overseas recipient is subject to a law, binding scheme or binding contract that provides substantially similar protection to the APPs which you can access and enforce; or

You can access and correct your personal information Our privacy policy contains information about how you may access your personal information and seek correction of such information as well as how to complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint. Our privacy policy is accessible at (legal.asksam.com.au)
How to contact us You can contact us at: Phone: 1300375384 Email: contactus@asksam.com.au

Part Three: Additional Legal Terms

Intellectual Property You acknowledge and agree that: (a) we own or have rights to use all copyright, trade marks and other intellectual property rights on the Platform, and in the Services and any materials found on the Platform (including any materials that you post on the Platform);

(b) the Platform, Ask Sam and the Services contain proprietary and confidential information which is owned by us or by third parties and which are protected by applicable laws;

(c) no title or ownership of the Platform or any portion of the Platform or in the Services is held by or transferred to you; and

(d) you agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform.
Security

(a) We have implemented technical and organisational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.

(b) For details on how we collect and use your personal information, please refer to our Privacy Policy (legal.asksam.com.au) As far as your rights in relation to personal information and data are concerned, all terms and conditions in these Terms are subject to our Privacy Policy which will prevail to the extent of any inconsistency.
Representation and Warranties You represent and warrant to us that: (a) you are at least 18 years of age, or if you are under the age of 18 years old you are accessing the Platform with consent of your parent or legal guardian;

(b) your use of the Platform and our Services will be in compliance with these Terms;

(c) the information you have provided to the Company as part of your registration to join the Platform is accurate and complete;

(d) you will comply with any and all laws applicable to your use of the Platform;

(e) you will not interfere with a third party's use and enjoyment of the Platform;

(f) you will not interfere with or disrupt the Company's or its vendors' security measures;

(g) if any information you provide to the Company becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify the Company; and

(h) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by the Company or its representatives that such healthcare services will be made available to you.

No Warranties

31.1. You acknowledge and agree that:

(a) use of the Platform is at your own risk and content on the Platform is provided on an "as is" or "as available" basis;

(b) to the maximum extent permitted by applicable law, the Platform and the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and

(c) any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

31.2. To the extent permitted by law, the Company, any affiliated company entity, their processors, providers, licensors (and their respective subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives) (together the Company Parties) do not represent or guarantee the:

(a) availability, timeliness, reliability, accuracy or completeness of the information available on the Platform;

(b) that the information on the Platform will be relevant to your circumstances;

(c) the information available on the Platform is accurate, error-free, reliable, complete or correct;

(d) that the Platform or Ask Sam will be available at any particular time or location, uninterrupted or secure;

(e) that any defects or errors on the Platform will be corrected; or

(f) that the Platform is free of viruses or other harmful components.

31.3. The Company does not warrant, endorse, represent, guarantee, or assume responsibility for any Platform Product and the Company will not be a party to or in any way monitor any Transaction between you and third-party providers of the Platform Products.
Indemnity By visiting the Platform and/or using Ask Sam, you agree:

(a) the Company Parties are not liable for any and all losses, costs, expenses, damages, judgements, tax, penalties or interest (Losses) that you suffer or incur in connection with your use of the Platform, our Services or Ask Sam; and
Limitation of Liability and Indemnity To the extent permitted by law, except where our conduct constitutes gross negligence, fraud or willful misconduct, you agree:

(a) the Company Parties are not liable for any and all losses, costs, expenses, damages, judgements, tax, penalties or interest (Losses) that you suffer or incur in connection with:

(i) your use of the Platform, our Services or Ask Sam;

(ii) the termination or suspension of any Account;

(iii) the inability to use the Platform;

(iv) the cost of procurement of substitute Services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform;

(v) unauthorised access to or alteration of your transmissions or data;

(vi) statements or conduct of any third-party regarding the Services or the Platform; or

(vii) any other matter relating to the Services or the Platform.

(b) you may be entitled to remedies that cannot be excluded under the any applicable consumer law, if any services supplied by us to you fail to meet a statutory guarantee. In all cases where our liability has not been effectively excluded, whether by these Terms, by law or otherwise, our total liability is limited, at our option, to:

(i) the resupply of the relevant services to you; or

(ii) the payment of the cost of resupply of the relevant services to you.

(c) to indemnify, defend, and hold harmless the Company Parties from any Losses they suffer, directly or indirectly or consequential (including, without limitation, reasonable legal fees) arising out of any claim, action, proceeding or demand made by you or any third party in relation to your use of the Platform, our Services or Ask Sam, including, without limitation, any claims against the Company Parties for defamation, violation of privacy, copyright or trademark infringement resulting from your submissions of any Tagged Content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised the Company of the possibility of such claim.
General

34.1. If any clause or part of any clause of these Terms is in any way unenforceable, invalid, or illegal, it is to be read down so that it is enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

34.2. These Terms represent the entire agreement between you and us in relation to the use of our Services and the Platform and supersede any prior agreement, understanding or arrangement between us in relation to such matters, whether oral or in writing.

34.3. You may not assign or transfer, or agree to assign or transfer, any rights or obligations under these Terms without our prior written consent. We may assign all or part of these Terms without obtaining your consent.

34.4. If we waive any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made by us in writing.

34.5. Headings used in these Terms are included for convenience only and should not have any effect on the interpretation of these Terms.

34.6. These Terms are governed by the laws in force in New South Wales and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales and any courts competent to hear appeals from those courts.

34.7. If you violate these Terms, your ability to use the Platform will be terminated. The Company may, in its sole discretion, terminate your access to the Platform, or any portion of the Platform, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy the Company may have available at law.

34.8. You may terminate these Terms by ceasing to access and use the Platform. Upon any termination of these Terms, you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms.

34.9. All clauses of these Terms, by their nature are designed to survive expiration or termination of these Terms t, including but not limited to indemnity and limitation of liability clauses, shall survive.
Notices You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
Contact Information Please contact us with any questions or concerns regarding this Agreement at contactus@asksam.com.au

Overview​

Part One: Terms Governing Use of the Platform and Ask Sam​

Overview

Part One: Terms Governing Use of the Platform and Ask Sam