Effective Date: 1 January 2025
Version: 2.0 — Audit-Grade (Djenie Edition)

1. INTRODUCTION

These Terms of Use (“Terms”) govern access to and use of the digital services, systems, websites, applications, and membership-management platforms operated by In Delay There Lies No Plenty Pty Ltd ACN 162 881 138 ATF Future Thinking Family Trust t/a Djenie ABN 98 399 797 036 (“Djenie”, “we”, “our”, “us”).
These Terms apply to:

  • djenie.com
  • the Djenie Membership Management System (SMS v2)
  • customer portals, APIs, integrations, and related digital tools
    These Terms are designed to comply with:
  • Australian Consumer Law (ACL)
  • UK Consumer Rights Act 2015
  • EU Digital Content Directive
  • US state consumer laws
  • Global privacy frameworks (APPs, GDPR/UK GDPR, CPRA, PIPL, LATAM)

By using the Services, you agree to these Terms.

2. ELIGIBILITY

To use the Services, you must:

  • be at least 16 years old (or the legal digital-consent age in your jurisdiction)
  • have authority to bind your organisation if acting on its behalf

3. ACCOUNT REQUIREMENTS

You must:

  • provide accurate and lawful information
  • maintain secure credentials
  • notify Djenie immediately of any unauthorised access

Users are responsible for account activity unless caused by Djenie.

4. ACCEPTABLE USE

Users must not:

  • violate laws or organisational obligations
  • upload harmful, illegal, or infringing content
  • interfere with platform security or integrity
  • attempt to reverse engineer or bypass controls
  • introduce bots, scraping tools, or malware
  • attempt to access confidential data without authority

AI USE CONDITIONS:
Djenie does not provide end-user AI decision systems. Users must not misuse any AI-generated or assisted content, including:

  • using outputs for unlawful profiling
  • using outputs for employment, eligibility, or high-risk decisions
  • relying on outputs without appropriate human review

5. INTELLECTUAL PROPERTY

All software, documentation, workflows, interfaces, and content are owned by Djenie or licensors.
You receive a limited, revocable licence for lawful organisational use.
All non-granted rights remain reserved.

6. SERVICE RELIABILITY & AVAILABILITY

Djenie uses reasonable efforts to provide secure, stable, and reliable services. Temporary interruptions may occur due to:

  • maintenance
  • upgrades
  • third-party outages
  • cyber events
  • force majeure

No guarantee of uninterrupted service is given except where legally mandated.

7. THIRD-PARTY INTEGRATIONS

Integrations may require third-party terms. Djenie is not liable for failures outside its control.

8. DATA PROTECTION & PRIVACY

Personal information is processed in accordance with:

  • Australian Privacy Act & APPs
  • GDPR / UK GDPR
  • CPRA
  • PIPL
  • LATAM privacy regulations

See Djenie’s Privacy Policy, Cookie Notice, and Data Processing Agreement.

9. CONSUMER RIGHTS

Nothing in these Terms excludes rights under:

  • Australian Consumer Law
  • UK CRA 2015
  • EU consumer protections

Where mandatory rights apply, consumers may be entitled to repair, re-performance, replacement, refund, or price reduction.

10. SUBSCRIPTION & BILLING

Where applicable, subscription terms are outlined in the Djenie Subscription Terms, including:

  • renewal cycles
  • cancellation pathways
  • price-change notifications
  • invoicing and organisation-level payment responsibilities

11. SECURITY RESPONSIBILITIES

Users must:

  • maintain secure devices
  • avoid shared accounts
  • follow organisational IT and security policies
  • promptly report suspicious activity

12. DISCLAIMERS

To the extent permitted by law:

  • Services are provided using reasonable care and skill
  • Djenie disclaims liability for third-party failures or misuse of Services
  • Djenie is not responsible for reliance on unverified outputs

Mandatory protections always apply.

13. LIMITATION OF LIABILITY

For business users, Djenie’s liability is limited to the greater of:

  • fees paid in the previous 12 months; or
  • AUD $5,000
    Limitations do NOT apply to:
  • Australian Consumer Law guarantees
  • UK/EU mandatory consumer rights
  • deliberate misconduct
  • legal breach-notification obligations

14. INDEMNITY (BUSINESS USERS ONLY)

Business users indemnify Djenie for:

  • misuse of Services
  • unlawful uploads
  • breach of these Terms

15. TERMINATION

Djenie may suspend or terminate access for:

  • policy violations
  • security risks
  • unlawful activity
  • non-payment under subscription rules

Users may terminate by closing accounts or ceasing use.

16. EXPORT & SANCTIONS COMPLIANCE

Users must comply with:

  • export control laws
  • sanctions laws
  • restrictions on transferring controlled technologies

17. GOVERNING LAW

For Australian customers: governed by Queensland law.
For other users: governed by the Customer Agreement or applicable consumer protections.

18. DISPUTE RESOLUTION

Parties must attempt good-faith resolution before formal action.
Nothing limits your right to lodge complaints with regulators, including:

  • ACCC
  • OAIC
  • ICO (UK)
  • EU consumer bodies

19. MODIFICATIONS TO TERMS

Djenie may update these Terms as needed. Material changes will be communicated through the platform or email. Continued use constitutes acceptance.

20. CONTACT

Djenie
Brisbane, Australia
support@djenie.com

ANNEX A — DEFINITIONS

  • Djenie: Entity defined at the beginning of this Agreement.
  • Services: All digital services and platforms operated by Djenie.
  • User: Any individual accessing the Services.
  • Business User: Organisation using Services commercially.
  • Consumer: Individual protected under applicable consumer laws.
  • Customer Data: Data submitted or generated by organisations.
  • Personal Data: Defined by privacy laws.
  • Controller/Processor: Roles per GDPR.
  • Subprocessor: Third party engaged to process data.

VERSION CONTROL & GOVERNANCE

Version: 2.0 — Djenie Edition
Effective Date: 1 January 2025
Approval: Chief Executive Officer
Change Summary: Full rewrite of Cushi Terms of Use; scope aligned to Djenie membership systems, legal frameworks updated, consumer-rights alignment strengthened.
Review Cycle: Annual or earlier if required.