Terms & Conditions

These terms and conditions (Terms) are entered into between Advanced Seller Pty Ltd ACN 628 246 355 t/as DataRova (we, us or our) and you, together the Parties and each a Party. 

We provide a cloud-based, software as a service platform where Amazon sellers can access statistics, insights and key data regarding Amazon sales (Platform).

In these Terms, you means the person or entity registered with us as an Account holder.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

You accept these Terms by accepting these Terms on the Platform.

You must be at least 18 years old to use the Platform. 

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

We may use Google APIs, and Amazon APIs, to allow you to further utilise the Platform with your Google and Amazon accounts. Your use of third party APIs may be subject to their terms of use.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

In consideration for your payment of the Fees, we agree to provide you with access to the Platform and any other services we agree to provide as set out in your Account.

We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance. 

Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must email support@datarova.com. We will endeavour to respond to any support requests in a reasonable period. 

You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, and Amazon) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable. 

You must register on the Platform and create an account (Account) to access the Platform’s features. 

You must provide basic information when registering for an Account including your contact name, email address and you must choose a password. 

All personal information you provide to us will be treated in accordance with our Privacy Policy. 

You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others. 

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform. 

All Membership fees set out on the Platform (Fees) are payable in USD, unless otherwise agreed between the Parties.

You may purchase a Membership by paying the Fees outlined on the Platform in advance on a monthly basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).

Your Membership will automatically renew at the end of the Billing Cycle for another month (each a Billing Cycle) and you will be charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership.

Free Trial: Your membership may begin with a free trial for the period specified on the Platform (Free Trial Period). Free trials are only available for new Account holders and we may limit eligibility to prevent free trial abuse. If you don’t cancel your Membership before the end of the Free Trial Period, the Billing Cycle will commence on the day after the Free Trial Period and the Fees are payable on the same date. 

Membership Tiers: Note that the Fees will reflect the Membership tier you have chosen. 

Limited Payment Agent: You agree that we have appointed Advanced Seller LLC  as our limited payment agent (Limited Payment Agent) for the collection of the Fees from you on our behalf. You agree that our Limited Payment agent may issue a tax invoice on our behalf, and the Limited Payment Agent may appear on your bank/ credit card statements. Any payment made by you to our Limited Payment Agent under these Terms is considered to be a payment made to us. 

The payment methods we offer for the Fees are set out on the Platform. 

You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.

We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 

The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.

You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for your internal business use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to devices that are controlled or approved by you. 

This clause will survive the termination or expiry of your Membership.

You own all data, information or content you upload into the Platform, including the data that may be shared by you with our Platform using the Amazon integration (Your Data). 

You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information. 

We do not endorse or approve, and are not responsible for, any of Your Data. 

You acknowledge and agree that the performance of the Platform is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and effectiveness of the Platform. 

This clause will survive the termination or expiry of your Membership. 

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). 

If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  

Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

This clause will survive the termination or expiry of your Membership.

This clause will survive the termination or expiry of your Membership.

Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via the ‘cancel my membership’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle.

Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. 

Upon expiry or termination of your Membership we will remove your access to the features of the Platform and Membership, however you may still have access to your account. 

Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees for the remainder of the Billing Period on a pro-rata basis. 

Termination of a Membership will not affect any rights or liabilities that a Party has accrued under these Terms.  

This clause will survive the termination or expiry of your Membership.

Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to our limited collection agent, a debt collector, debt collection agency, or other third party. 

Disputes:  A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.

Governing law: These Terms are governed by the laws of Victoria, Australia.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Publicity: You agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or,  any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable. 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.