Legal
Terms of Use
These Terms of Use (Terms) govern access to and use of mustardseedit.com, the Mustard Seed IT Directory at directory.mustardseedit.net.au, and related free and paid software solutions (together, the Services).
By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot be excluded. Where our liability can be limited under the ACL for goods or services that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited as set out in section 12.
1. Who we are
The Services are provided by Mustard Seed IT Pty Ltd (ABN 58 666 754 810), Kingston, Queensland, Australia. We may be contacted at [email protected].
2. The Services
The Services include:
- Our marketing website and content
- The Directory (account, organisation, and subscription management)
- Software solutions offered through the Directory (for example Essential Business Plan, 365 Security Dashboard, Asset & Application Register, and Resources), including free and paid offerings
Features may change over time. We may add, modify, or discontinue features with reasonable notice where practical. Separate statements of work or consulting agreements (if any) for professional services are not replaced by these Terms unless we say so in writing.
3. Accounts and eligibility
- You must provide accurate registration information and keep it up to date.
- You are responsible for safeguarding credentials and for activity under your account.
- You must be at least 16 years old (and able to form a binding contract).
- Organisation accounts may allow members to access shared entitlements; organisation admins are responsible for managing members appropriately.
- We may suspend or close accounts that breach these Terms or create security or legal risk.
4. Acceptable use
You must not:
- Use the Services for unlawful, harmful, fraudulent, or abusive purposes
- Attempt to gain unauthorised access to systems, accounts, or data
- Interfere with or disrupt the Services (including overload, malware, or scraping that harms availability)
- Resell, sublicense, or commercially exploit access to the Services except as expressly allowed by your subscription or a written agreement with us
- Misrepresent your identity or affiliation
- Upload or transmit content that is illegal, infringing, or that you do not have rights to use
- Reverse engineer the Services except to the extent permitted by non-excludable law
For 365 Security Dashboard, you must only connect Microsoft 365 tenants you are authorised to manage and must configure app permissions in those tenants lawfully and with appropriate organisational approval.
5. Free and paid products
- Free offerings (for example free tiers or free library access) may require account registration and, where stated, marketing consent or other conditions.
- Paid offerings may include one-off purchases, subscriptions, and trials as described at the point of purchase or in the Directory.
- Prices are in Australian dollars (AUD) and, unless stated otherwise, include or exclude GST as indicated on the invoice or checkout. We are GST-registered and will provide tax invoices where required.
- Online payment processing (when enabled) will be handled by our payment provider (planned: Stripe). Card details are handled by the provider, not stored by us as full card numbers.
- Retainers and custom consulting are not generally sold as self-serve online products under these Terms unless we expressly offer them that way.
6. Trials, cancellation, and refunds
- Trial terms (if any) will be stated when the trial is offered.
- You may cancel a subscription in accordance with the cancellation controls or process we provide; cancellation usually stops renewal at the end of the current paid period unless we state otherwise.
- Refunds: Nothing in these Terms limits your rights under the Australian Consumer Law. Where ACL consumer guarantees apply, remedies may include repair, replacement, refund, or other remedies as the law provides. Outside those non-excludable rights, fees for completed subscription periods or one-off digital products that have been substantially delivered are generally non-refundable unless we agree otherwise in writing.
7. Your content and data
- You retain ownership of content and data you submit to the Services (Your Content).
- You grant us a limited licence to host, process, backup, and display Your Content only as needed to operate the Services and as described in our Privacy Policy.
- You are responsible for Your Content and for having the rights to use it with the Services.
- For AI-assisted features in Essential Business Plan, section content you enter may be sent to AI providers to generate assistance; see the Privacy Policy.
8. Intellectual property
The Services, including software, branding, documentation, and site content (excluding Your Content), are owned by Mustard Seed IT Pty Ltd or its licensors. You receive a limited, non-exclusive, non-transferable right to use the Services as permitted by these Terms and your subscription. You may not copy, modify, or create derivative works of our software or branding except as allowed by law or written permission.
9. Third-party services
The Services may depend on third parties (for example Microsoft identity or Graph APIs, OpenRouter / AI model providers, and payment processors). Those services have their own terms. We are not responsible for third-party outages or changes outside our reasonable control, but we will take reasonable steps to keep the Services available.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that policy.
11. Disclaimers
Subject to the ACL and other non-excludable laws:
- The Services are provided on an “as is” and “as available” basis.
- We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.
- Security and compliance tools (including 365 Security Dashboard) assist your understanding of tenant posture; they do not replace professional advice, your own security program, or Microsoft’s product warranties.
- Business planning tools (including Essential Business Plan) provide structured guidance and optional AI assistance; they are not legal, financial, or accounting advice.
12. Liability
To the maximum extent permitted by law, and subject always to the ACL:
- We are not liable for indirect, incidental, special, consequential, or pure economic loss, or loss of profits, revenue, data, or goodwill, arising from the Services or these Terms.
- Where the ACL allows us to limit our liability for failure to comply with a consumer guarantee in respect of goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited to, at our option: re-supplying the services, or paying the cost of having the services re-supplied.
- Our aggregate liability arising out of or in connection with the Services in any 12-month period is limited to the fees you paid us for the relevant Service in that period (or AUD $100 if you paid nothing), except where liability cannot be limited by law.
13. Indemnity
You agree to indemnify us against claims, losses, and costs arising from your unlawful use of the Services, Your Content, or your breach of these Terms, except to the extent caused by our negligence or wrongful act.
14. Suspension and termination
We may suspend or terminate access if you breach these Terms, if required by law, or if needed to protect the Services or other users. You may stop using the Services at any time. Provisions that by nature should survive (including intellectual property, liability limits, indemnity, and governing law) survive termination.
15. Changes to these Terms
We may update these Terms from time to time. The effective date at the top of this page will change when we do. Please check this page periodically. Continued use after an update means you accept the revised Terms, except where acceptance is required by law in another form.
16. Governing law
These Terms are governed by the laws of Queensland, Australia. Courts in Queensland have non-exclusive jurisdiction, without limiting any rights you have under the ACL to bring proceedings in another competent forum.
17. General
- If any provision is unenforceable, the remainder stays in effect.
- These Terms are the entire agreement between you and us regarding the Services, unless a separate written agreement says otherwise.
- A failure to enforce a provision is not a waiver.
18. Contact
Mustard Seed IT Pty Ltd
Kingston, Queensland, Australia
[email protected]
