Term & Conditions
Updated as of 1 October 2024
Previous version available upon request
Thanks for your interest in using Citizen Direct, being owned and operated by Birdles Digital Pty Ltd, a company duly incorporated in Australia, ABN: 60 655 532 620, ACN: 655 532 620 (“Citizen Direct”)! Citizen Direct is located at https://citizendirect.com.au/, including our sub-domains, and any web or mobile application we may have (the “Platform”).
The right of the person, entity or company that enters into these Terms (“You” or the “Client”) to use the Services is expressly conditional on Your acceptance of these Terms. By clicking on the “accept” button and/or using the Services, You are unconditionally consenting to be bound to these Terms and our Privacy Policy (available on the Platform) which is incorporated into these Terms by reference.
If You are entering into these Terms and accessing the Services on behalf of a legal entity (such as a company or another institution) that is Your employer or that otherwise authorised You, You represent and warrant that You have the authority to agree to these Terms on behalf of such legal entity. If You do not have such authority, or if You do not agree to these Terms, You must not accept these Terms and may not use the Services.
Please read these Terms carefully to fully understand how these Terms and the Privacy Policy govern Your relationship with Citizen Direct and Your use of the Services.
We may change any of the terms of these Terms by posting the revised Terms on the Platform. We may (but are not obliged to) send an email to the last email address You supplied us with notifying you about the new version of these Terms. You remain responsible to periodically review these Terms and check any changes. The revised Terms will be effective upon posting of the new version on the Platform. Your continued use of the Services constitutes your acceptance to the new version of the Terms.
We may change the Platform or any feature of the Services at any time and without any notice. If you have any questions about these Terms or the Privacy Policy, please feel free to contact us at info@citizendirect.com.au.
Capitalised terms are defined below.
1. Your Account
1.1. In order to use the Services, You must:
- complete the registration process through the Platform;
- agree to the terms set out in these Terms; and
- provide true, complete and up to date contact information.
1.2. Each time You access the Platform and use the Services, You represent and warrant that there have been no changes to the information provided above. Citizen Direct may refuse to provide the Services, close your Client Account if there has been a material change to the information provided above.
1.3. You must not allow any person to access Your Client Account or use the Services through Your Client Account other than User. All Services are personal to You. You acknowledge and agree that You are solely responsible for all activity that occurs on or with Your Client Account.
2. Term
2.1. These Terms become effective on the Commencement Date.
2.2. The Terms are terminated between You and Citizen Direct in accordance with clause 11 of these Terms.
3. Description of the Platform
3.1. The Platform can only used for electoral and political communication (as defined by your applicable law). This Platform is not itended and cannot be used for commercial communication.
3.2. Subject to Your compliance with these Terms:
You should create one or more Sender Profiles on the Platform consisting of Sender ID (11 digit alpha-numeric that campaigners create that must have reasonable connection to the sender) and Authorisation Details (the natural name, organisation (if applicable) and street address, including locality and postcode, of the person or entity authorising any given campaign);
Your electoral and political communication needs to comply with any applicable federal, state or local regulation and with Citizen Direct’s terms;
You should give a relevant consent to the warranty pop-up message before sending any message.
3.3. You cannot use the Services if you do not have credits, or you do not have sufficient funds to pay the Fee for a Campaign.
4. Fees
4.1. All Fees as well as the purchase terms are detailed and specified on the Platform.
4.2. Citizen Direct charges Fees before the Campaign is launched. Before launching a Campaign You agree to provide Citizen Direct with payment details and all authorisations required for Citizen Direct to deduct Fees from your wallet in accordance with these Terms.
4.3. Alternatively, You may top up your wallet with credits to store in your Client Account. For avoidance of doubts, credits cannot be withdrawn back to bank account.
4.4. You must ensure that all credit card details are updated as required from time to time. By providing our authorized payment processor with the credit card details, You warrant that You are authorised to charge the Fees to that credit card, and that the credit card will have sufficient credit available at all times during the Term to pay the Fees. If, for some reason, our authorized payment processor is unable to deduct the Fees from the credit card, Citizen Direct will try to contact You by email and suspend Your Client Account until the Fees are paid.
4.5. You are solely responsible for making sure you have sufficient funds or credits, and you shall add sufficient credits for launching a Campaign.
4.6. All Fees are in Australian dollars ($AUD) and exclude GST. You acknowledge and accept all currency conversion rates and transfer fees.
5. Additional Fees
5.1. You acknowledge that Additional Fees may be incurred where You require Additional Services or provisions in excess of the relevant Services.
5.2. Any Additional Services requested of Citizen Direct by You shall be separately approved and invoiced to You in advance at the rates agreed between Citizen Direct and You at that time.
6. No Refund
6.1. Citizen Direct provides no refund for launched Campaigns unless otherwise provided in the Termination clause. If you believe that you have been charged by fault, please contact us at info@citizendirect.com.au.
7. Intellectual Property
7.1. You acknowledge and agree that all Intellectual Property Rights in, or associated with, the Software, the Platform and the Services are vested in Citizen Direct or our licensors and, unless otherwise provided in these Terms, no right, title or interest in the Software, the Platform or the Services (or the Intellectual Property Rights associated with the Software, the Platform or the Services) is assigned, conveyed or transferred to You under these Terms and You hereby assigns to Citizen Direct any rights it may have (now or in the future) in any Intellectual Property Rights in and to any updates, enhancements, improvements, developments and modifications to or of the Software, the Platform and the Services (or any Intellectual Property Rights arising in connection with the provision of the Services).
7.2. Except to the extent permitted by applicable Law, You must not, and must ensure that Your Personnel do not (in whole or part):
- reproduce, translate, enhance, adapt, disassemble, reverse engineer or de-compile, the Software;
- create derivative works of the Services, Software, or its technological features;
- transfer or re-export the Software in violation of any applicable export restriction;
- copy, modify, transmit, rent, lease, sub-licence, resell, publish or otherwise exploit or distribute the Software to any person;
- apply or register or attempt to register any Intellectual Property Rights in or associated with the Software in any form or format whatsoever;
- use the Software or the Services for any purpose whatsoever in breach of any law or regulation or in a manner or for any purpose or which constitutes violation or infringement of the rights of any person, firm or company (including but not limited to rights under Privacy Law and Intellectual Property Rights);
- circumvent or disable any security or technological features or measures of the Services, Software, or Platform;
- remove, alter, or obscure any proprietary notices of Citizen Direct; and
- misuse the Software by knowingly introducing viruses, trojans, worms, logic bombs or other similar malicious malware to the Platform.
7.3. You must immediately notify Citizen Direct upon becoming aware of any circumstances which breach, or may potentially breach, this clause.
7.4. Citizen Direct acknowledges and agrees that no right, title or interest in Client Content is assigned, conveyed or transferred to Citizen Direct under these Terms and Citizen Direct hereby assigns to You any rights it may have (now or in the future) in any Intellectual Property Rights in and to any updates, enhancements, improvements, developments and modifications to or of Client Content (or any Intellectual Property Rights arising in connection with modification of Client Content).
7.5. You grant to Citizen Direct a non-exclusive, transferable, royalty-free, fully paid up licence to encode, transcode, reproduce, adapt, stream, store, copy and publish Client Content and Database, in any jurisdiction, for the term of these Terms, to the extent necessary and for the express purpose of the provision of the Services in accordance with these Terms.
7.6. You grant Citizen Direct the right to archive and use any Client Content if required for the purpose of a dispute, legal proceeding or investigation.
8. Security and Privacy
8.1. You must not allow any person other than a User to access Your Client Account or use the Services through Your Client Account. All Services are personal to You. You acknowledge and agree that You are solely responsible for all activity that occurs on or with Your Client Account.
9. Client Content
9.1. You are solely responsible for ensuring that You have all rights, powers, and authority necessary to upload the Client Content to the Platform in the correct size and format. Citizen Direct is not liable for any failure, delay or fault in Client Content being uploaded to the Platform or if Client Content is unintentionally deleted from the Platform once uploaded. Citizen Direct will promptly notify the Customer if it becomes aware of any Client Content that has not been uploaded correctly, contains a bug or has been deleted. You agree that You are responsible for backing up all Client Content and Citizen Direct will not be liable for any losses suffered by You as a result of Client Content no longer being available on the Platform.
10. Prohibited Content
10.1. Clients may only upload electoral and political communication. That notwithstanding, clients shall not upload any content or other material (the “Prohibited Content”) that:
(a) induces anyone to enter into a commercial arrangement with the client, or any other party;
(b) violates any applicable Law or regulation, including the criminal code, data protection, consumer law and youth protection provisions, or infringes any third party rights, including any third party intellectual property rights;
(c) is obscene, sexually explicit, pornographic, unethical, defamatory, libelous, fraudulent, vulgar, discriminatory or otherwise inappropriate in nature;
(d) contains depictions of violence, bullying, or is threatening or harassing;
(e) contains viruses, spyware, adware, pirated software; digital rights protection circumvention or hacking tools, spamming tools or any other harmful code or activity that could, in an impermissible manner, access or use, impair or injure any data, devices, computer systems; or software;
(f) is false, misleading or deceptive;
(g) includes references to illegal gambling, alcohol, tobacco, drugs, pharmacies, or firearms, including without limitation ammunitions, fireworks and explosives;
(h) promotes money services and financial services related to loan restructuring, debt recovery, loan amendments;
(i) promotes reinsurance services, cash-in-transit services, crypto currency production (mining), ponzi schemes;
(j) promotes illegal audio and video records, counterfeit goods;
(k) promotes ICO and crowdfunding;
(l) endorses or encourages violence, hatred, revenge, racism, sexism, victimization, discrimination of any kind;
(m) results in consumer fraud, product liability, or breach of contract to which Client is a party, or causes injury to any third party;
(n) promotes any products and services that fall within any of the foregoing categories (a) to (k);
(o) is sent without a proper authorization or consent by an end user; or
(p) solicits login information belonging to someone else.
10.2. Citizen Direct warrants that all Client Content, and any other Personal Information provided by You to Citizen Direct in the course of providing the Services will be handled in accordance with these Terms, the Privacy Policy and all applicable Privacy Laws.
10.3. Citizen Direct will not be liable for any breach of these Terms or Liability incurred by You as a direct or indirect result of circumstances which are, in whole or part, outside of the reasonable control of Citizen Direct or to the extent that You failed to mitigate such Liability.
10.4. You acknowledge and agree that if at any time circumstances arise which would reasonably be expected to compromise the security of the Platform or the provision of the Services, Citizen Direct may suspend all or part of the Services immediately and until security has been restored. In such an event, Citizen Direct and You must use their best endeavours to resolve such issues in order to reinstate the Services at the earliest possible opportunity.
11. Warranties and Acknowledgements
11.1. You acknowledge and agree that:
- the Services rely on services provided by third parties, including without limitation, telecommunications companies and mobile network aggregators, and Citizen Direct will not be liable for any failure or defect in the Services directly or indirectly caused by, or resulting from, a failure, defect or technical constraint relating to the services provided by a third party supplier;
- the Platform may be subject to technical maintenance, Upgrades and Service Issues which may temporarily affect Your access to the Platform or the Services. Where a Service Issue affects Your access to the Product, You must immediately report this to Citizen Direct, providing sufficient information to enable Citizen Direct to resolve, or arrange for the investigation of, the Service Issue;
- several factors outside of Citizen Direct’s control may affect the accuracy of the Product Data and the Reports (for example Customer responses to the Analytics Services) and that Citizen Direct makes no warranty or representation regarding the accuracy of the Product Data; and
- it is Your responsibility to ensure that Client Content and the Database are uploaded to the Platform in the correct format and that Citizen Direct will not be liable for any charges incurred by You as a result of, or relating to, an error or defect in Client Content or the Database which was directly or indirectly caused by Your operating environment.
11.2. You warrant that:
- You have, or will have, all rights, consents and authorisations, and has paid any applicable royalties or fees, required to upload, publish, broadcast or modify Client Content, or any part of Client Content (such as music, images or video), including the right to authorise Citizen Direct to do such things, and that the use of Client Content by You or Citizen Direct in accordance with these Terms will not infringe upon the copyright, trademark or other rights of third parties;
- You have the right and authority to enter into, and perform its obligations under, these Terms and to use the Database for the purposes contemplated under these Terms;
- You have taken all necessary action to authorise the execution, delivery and performance of these Terms in accordance with its terms; and
- these Terms constitute legal, valid and binding obligations and subject to any stamping and registration is enforceable in accordance with its terms.
11.3. Citizen Direct warrants that:
- the Services will have the performance and functionality described in Citizen Direct’s technical, operational and user materials, and any additional, related written information provided to You;
- all Services provided under these Terms will be performed in a professional manner and in conformity with the professional standards or such equivalent for comparable services in the industry;
- Citizen Direct has the right and authority to enter into, and perform its obligations under, these Terms;
- Citizen Direct has taken all necessary action to authorise the execution, delivery and performance of these Terms in accordance with its terms; and
- You acknowledge that Citizen Direct has entered into these Terms in reliance on the warranties given by You under these Terms.
11.4. Other than the warranties provided in these Terms, Citizen Direct excludes:
- all express and implied warranties, terms, conditions and guarantees in relation to the Services, Software, and Platform; and
- all liability for consequential or economic loss or damage which may arise in respect of the Services or otherwise in relation to these Terms, or in respect of other equipment or property, or for loss of profit whether monetary or non-monetary, business, revenue, goodwill or anticipated savings,except to the extent that each may not be excluded under applicable law.
11.5. Citizen Direct’s liability under these Terms is limited to at Citizen Direct’s option to:
- re-performance of the Service again (as applicable); or
- payment of reasonable cost of having the Service re-performed again (as applicable).
11.6. Any warranty, term, condition or guarantee given by Citizen Direct which is not excluded under these Terms will not apply if the Platform or anything relating to the provision of the Services:
- has been altered, subjected to abnormal or unusual physical or electrical stress or environmental conditions, misused, or negligently handled or operated, except by Citizen Direct; or
- has not been installed, operated, repaired, used or maintained in accordance with instructions made available by Citizen Direct.
11.7. Citizen Direct makes no representation that the Services will be suitable or lawful under the laws, rules or regulations of any jurisdiction. You must comply with all laws, rules and regulations of the country or jurisdiction applicable to its use of the Services.
11.8. You agree to indemnify, keep indemnified and hold harmless Citizen Direct and its affiliates, resellers, directors, officers, employees, and agents, from and against all Liabilities suffered in connection with, or relating to:
- a claim by a third party in respect of Client Content or Your use of the Services;
- a breach of Your obligations or warranties under clauses 8, 9 or 10 by You or your Personnel,
11.9. and further agree that Citizen Direct may:
- suspend the Services if, and for so long as, Citizen Direct reasonably suspects that a breach of any of these provisions has occurred; or
- apply for injunctive relief in any court of competent jurisdiction in addition to such other remedies available to Citizen Direct either at law or in equity in respect of a breach of any of these provisions.
12. Termination
12.1. These Terms may be terminated by Citizen Direct:
- at any time and without any liability by sending You a written notice to the email address indicated in the Client Account provided that Citizen Direct will issue a refund in accordance with the clause below;
- immediately without notice where You have breached any term of these Terms;
- if Client Account has been inactive for more than 12 months.
12.2. These Terms may be terminated by You:
- giving Citizen Direct 5 Business Days notice in writing; and
- where Citizen Direct fails to remedy any material breach of a material term of these Terms within 5 Business Days of receiving notice from You to do so.
12.3. Upon termination of these Terms by Citizen Direct under clause 12.1.1 or by You under clause 12.2.2, Citizen Direct will refund to you any credits (if any) applied to Your Client Account.
12.4. Upon termination of these Terms by Citizen Direct under clauses 12.1.2, 12.1.3, 12.2.1, You acknowledge and agree that all Fees are non-refundable.
12.5. Upon termination of these Terms for any reason, Your access to the Platform and provision of the Services will cease and all Client Content may be deleted by Citizen Direct. Citizen Direct will not be liable for any Losses suffered by You in respect of the termination of these Terms and closure of Client Account.
12.6. Where You or Citizen Direct are delayed or inable to perform our respective obligations under these Terms due to the existence of a Force Majeure Event, the obligations of the relevant party under these Terms will be suspended to the extent they are affected by the Force Majeure Event from the date on which the affected party notifies the other party of the Force Majeure Event until the passing of that Force Majeure Event. A party must take all reasonable steps to minimise any disruption to, and resume, the performance of its affected obligations.
12.7. If substantially all of a party’s obligations under these Terms are suspended by a Force Majeure Event by more than 30 Days, either party may elect to terminate these Terms without penalty.
13. Dispute Resolution
13.1. If a Dispute arises, a party may not commence any court or arbitration proceedings relating to the Dispute unless it has complied with this clause 13 except where the party seeks urgent interlocutory relief.
13.2. The party claiming that a Dispute has arisen must give written notice to the other party specifying the details of the Dispute (Dispute Notice).
13.3. On receipt of the Dispute Notice by the other Party (Dispute Date), the parties must use their best endeavours to resolve the Dispute expeditiously and in good faith using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.
13.4. If, within 10 Business Days of the Dispute Date (or such further period as agreed in writing by them), the parties do not resolve the Dispute or do not agree as to:
- the dispute resolution technique and procedures to be adopted;
- the timetable for all steps in those procedures; and
- the selection and compensation of the independent person to be engaged to conduct the dispute resolution process,
either party may request the President of the Institute of Arbitrators and Mediators Australia to nominate and appoint a mediator who is to act in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.
13.5. If the Dispute is not settled within 20 Business Days of the submission to mediation (unless such period is extended by agreement of the Parties), the Parties agree that the mediator appointed pursuant to this clause may submit the Dispute to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Arbitration Rules.
14. Miscellaneous
14.1. You must not assign or novate these Terms, in whole or part, without obtaining the prior written consent of Citizen Direct. Citizen Direct may assign or novate these Terms without obtaining any consent.
14.2. The covenants, conditions and provisions of these Terms which are intended or capable of having effect after the expiration or termination of these Terms (including provisions relating to warranties, privacy, indemnities, liability and Intellectual Property) must remain in full force and effect following any expiration or termination of these Terms.
14.3. Any notice or other communication including, but not limited to, any request, demand, consent or approval, to or by a Party to these Terms must be in legible writing and in English addressed and marked “urgent” as shown below:
- if to the Company, to the office or postal or email address shown on the most recent written correspondence sent on behalf of the Company to a representative of You;
- if to You, to the email address shown in Client Account.
14.4. Any notice is regarded as being given by the sender and received by the addressee within 3 Business Days from and including the date of postage if sent by post or immediately if sent by email.
14.5. These Terms are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
14.6. If any provision of these Terms:
- is or becomes void, voidable, illegal or unenforceable in its terms; and
- would not be void, voidable, illegal or unenforceable if:
- some words were omitted; or
- where it is capable of being read down, it were read down, then those words are severed and that provision will be read down accordingly (as applicable) and the rest of the Terms will continue in full force and effect.
14.7. These Terms embody the entire agreement between the parties with respect to the subject matter of these Terms and supersede any prior negotiation, arrangement, understanding or agreement with respect to the subject matter of any term of these Terms. A variation of any term of these Terms must be in writing and signed by all of the parties.
14.8. All rights and remedies available to a party under these Terms are cumulative and not exclusive of any other rights or remedies at Law.
14.9. Each party must do all things necessary (including executing documents) to give full effect to this agreement and the transactions contemplated by these Terms.
15. Definitions & Interpretation
Capitalised terms in these Terms are defined as follows:
15.1. Additional Fees means the fees payable in respect of Additional Services;
15.2. Additional Services means any Services which are not Included in the Services;
15.3. Analytics Services means the compilation and generation of the Product Data and Reports by the Software which is delivered to You via the Platform;
15.4. Bandwidth means that amount of data which can be used to stream Client Content;
15.5. Business Day means a day which is not a Saturday, Sunday, bank holiday or public holiday in Sydney, NSW;
15.6. Campaign means the distribution of Client Content to the Database via the Platform;
15.7. Claim means, in relation to a party, a demand, claim, action or proceeding made or brought by or against that party, however arising and whether present, unascertained, future or contingent;
15.8. Client Account means Your account for Services with Citizen Direct;
15.9. Client Content means any content uploaded by You to the Platform in accordance with these Terms;
15.10. Commencement Date means the date of these Terms;
15.11. Communications Services means the following services provided via the Platform:
- the uploading, encoding and transcoding of Client Content and the distribution via SMS of messages to the Database, which may include the video content, documents, images and text content.
15.12. Customer means each person who is included in the Database;
15.13. Database means the database of mobile phone numbers, email addresses or other contact details relating to the Customers which are to receive Client Content distributed via Communications Services;
15.14. Fees means the Fees of Citizen Direct as applicable to the Services;
15.15. Force Majeure Event includes the following events beyond the reasonable control of a party:
- act of nature;
- war or terrorism;
- national emergency;
- epidemic;
- change of legislation, regulation, legal process or access to facilities, infrastructure or information controlled by a third party relating to the supply of the Services in any particular state, country or territory which may (in the opinion of the non-performing party, acting reasonably) materially adversely affect the supply or use of the Platform or Services; or
- other cause similar to the events described in this definition and beyond the reasonable control of the non-performing party;
- act or inaction of government or regulatory agency; and
- industrial action outside that party’s own workforce.
15.16. Included Storage Capacity means the amount of storage for Client Content included in the Package;
15.17. Included Support means the Support Services included with the payment of the Subscription Fee under a Package;
15.18. Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world. Intellectual Property has a corresponding meaning;
15.19. Law means any principle in common law or equity and any requirement under any legislation, rule, instrument, code of practice, ordinance or by law, present or future;
15.20. Liabilities means Claims, losses, damages, liabilities (direct and indirect), costs or expenses of any kind and however arising, including legal costs (on a full indemnity basis), penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable;
15.21. Personal Information has the meaning in the Privacy Act;
15.22. Personnel of a party means officers, employees, agents and contractors of that party;
15.23. Platform means https://citizendirect.com.au/, our sub-domains, and any web or mobile application we may have and which enable You to receive the Services;
15.24. Privacy Law means any Law, Australian or otherwise, which affect privacy or any personal information (including its collection, storage, use or processing) including the Privacy Act 1988 and includes any guidelines issued by the Office of the Australian Information Commissioner and corresponding Australian State privacy Laws; and any codes of conduct, directives, principles or orders made under the legislation referred to in (a) above;
15.25. Privacy Policy means Citizen Direct’s privacy policy which can be found at our Platform;
15.26. Product Data means the data produced from the Analytics Services and delivered to You via the Platform or included in a Report in respect of various metrics relating to a Campaign, including without limitation, the number of views of Client Content, consumer response to, and behaviour in respect of, a Campaign, responses to surveys or registration forms or other calls to action included in a Campaign;
15.27. Report means a report generated by the Software in respect of various Product Data;
15.28. Service Issue means any failure, error or defect in the provision of the Services by, or on behalf of, Citizen Direct but excludes failures, errors or defects arising from, caused by or contributed to by Your acts or omissions or third parties acting on Your behalf including other providers of telecommunications, computers or other equipment or services (including internet services) or any failure, error or defect arising as a result of causes beyond the reasonable control of Citizen Direct;
15.29. Services means the services provided by Citizen Direct via the Platform from time to time, including without limitation, the provision of access to the Platform and use of the Software;
15.30. Support Services means the support provided by Citizen Direct to You in regard to Your use of the Services;
15.31. Software means the software program owned and used by Citizen Direct to provide the Services;
15.32. SPAM Laws means any Law, Australian or otherwise, which affect commercial electronic messages (including content, distribution and the rights of recipients) in the country or jurisdiction in which the Communications Services are to be received by a Customer, including without limitation:
- the SPAM Act 2003 and includes any guidelines issued by the Australian Communications and Media Authority (or other governing body); and any codes of conduct, directives, principles or orders made under the legislation referred to in (a) above;
- Storage Fees means the fees charged by Citizen Direct in respect of the storage of Client Content in excess of the Included Storage Capacity under a Package, as described on the Platform;
15.33. Term means the period from the Commencement Date until termination of these Terms;
15.34. Upgrade means any enhancement or improvement to the Software, functionality of the Platform or the Services which may be made available to You as and when they are released;
15.35. User means each Personnel of You nominated by You to access Your Client Account;
15.36. Citizen Direct means Birdles Digital Pty Ltd ABN 60655532620.