Last updated on [18 April 2018]
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
The remainder of these Terms are divided into two parts:
- Part 1 (General), which sets out terms that apply to all users of the Website; and
- Part 2 (Accounts and Supply), which sets out further terms that apply to users of the Website who register for an account and/or offer to purchase services through the Website (Services).
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Beyond Billables;
use the Website for any purpose other than the purposes of browsing, selecting or purchasing the Services;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of Beyond Billables, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
gaining unauthorised access to Website accounts or data;
scanning, probing or testing the Website for security vulnerabilities;
overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
instigating or participating in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects;
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential; or
any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (defined in clause 1.4).
Beyond Billables retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software, and including all of the foregoing that form part of materials provided as part of the Services) (Website Content) and reserves all rights in any intellectual property rights, including copyright, trade marks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights), owned or licensed by Beyond Billables not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website or Website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Beyond Billables or as permitted by law.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility.
We have no control over the content of the linked websites and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Beyond Billables does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors on the Website or in Website Content or any difficulty in accessing or using the Website, please contact us immediately by email on [insert].
(Limitation of liability) To the maximum extent permitted by applicable law, Beyond Billables excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Beyond Billables. This includes the transmission of any computer virus.
All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Beyond Billables’ liability for breach of that non-excludable condition, warranty or guarantee will, at Beyond Billables’ option, be limited to:
in the case of goods, their replacement or the supply or equivalent goods or their repair; and
in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(Indemnity) You agree to indemnify Beyond Billables and its employees and agents in respect of all liability for loss, damage or injury that may be suffered by any person arising from, or in connection with, you or your representatives’ use of the Website or the Services, or breach of these Terms.
(Consequential loss) Under no circumstances will Beyond Billables be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, the Services, these Terms or their subject matter.
We respect your confidentiality and we acknowledge that information you provide to us or upload to the Website may be confidential to you.
Similarly, as part of your use of the Website or purchase of Services, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes and Services. You agree that any such information we provide to you is our confidential information.
We both agree that Beyond Billables and you must:
treat each other’s confidential information with the same degree of care and protection that we treat our own;
use each other’s confidential information only in connection with these Terms and, if applicable, the purchase of Services; and
only share the confidential information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Services or in connection with these Terms).
However, despite the above, you agree that the following information is not confidential:
information already known at the time you or we were told about it, other than as a result of a breach of confidentiality;
information told received from a third party who had the information other than as a result of a breach of confidentiality;
information that is generally available to the public; and
Information that was independently developed by you or us without directly using the confidential information.
Nothing contained in this agreement creates an agency, partnership, joint venture or employment relationship between you and Beyond Billables or any of its respective employees, agents or contractors.
You must not hold yourself out as having any such relationship with Beyond Billables or as being entitled to contract or accept payment in the name of or on account of Beyond Billables.
The clauses titled “Your Content” and “Survival” in section 2, and “Liability” and “General” in section 1 will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
(Governing law) This agreement is governed by the law applying in New South Wales, Australia.
(Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(Amendments) These Terms may only be amended by Beyond Billables in accordance with the Terms.
(Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(Assignment) You must not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
(Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(Interpretation) In these Terms, the following rules of interpretation apply:
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
ACCOUNT AND SUPPLY TERMS
In order to use the Services, you will be required to sign up for an account using the Website’s functionality (Beyond Billables Account). When you register for a Beyond Billables Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you are solely responsible for:
maintaining the confidentiality and security of your Beyond Billables Account information and your password; and
any activities and those of any third party that occur through your Beyond Billables Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Beyond Billables Account information or your password.
OFFER TO PURCHASE
By submitting an order for purchase of a Service using the Website’s functionality (Purchase Order) you represent and confirm that you:
have the legal capacity and are of sufficient age to enter into a binding contract with us; and
are authorised to use the debit or credit card included in your Purchase Order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(Payment obligations) Unless otherwise agreed in writing:
you must pay for all Services:
in the amount specified on the pricing page at [insert] for the relevant Services; and
at the same time as you submit a Purchase Order using the Website’s functionality; and
you must not set off any money alleged to be owing by Beyond Billables against money due by you to Beyond Billables.
(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Beyond Billables, you must pay the GST subject to Beyond Billables providing a tax invoice.
(Card surcharges) Beyond Billables reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
You agree to release Beyond Billables and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
Except as otherwise set out on the Website, we generally don’t offer refunds for any of our Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with the Services that you think should entitle you to a refund and we’ll consider your situation.
In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
Subject to clause 2.6(b), you may cancel your Beyond Billables Account at any time by sending an email to Beyond Billables at [insert email address].
Prior to cancelling your Beyond Billables Account, you must pay to Beyond Billables all amounts owed in respect of Services provided to you up to the date of cancellation.
CANCELLATION BY US
We reserve the right to cancel your Beyond Billables Account or any order for any reason, and will notify you of this as soon as possible. Where payment for a cancelled order has already been debited, the full amount will be credited back to your original method of payment.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Beyond Billables Account, we will delete any Private Content (defined in clause 2.9) associated with your Beyond Billables Account.
You will not be able to recover any Posted Materials (defined in clause 2.9) after cancellation, termination or expiry of your User Account so we recommend you back up anything important to you.
We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Beyond Billables Account.
As part of using the Services, you may upload the following two types of content (together, Posted Materials):
content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by posting on the Website or by contacting us, or when you register a Beyond Billables Account (Shared Content); and
your private content, information and materials which you upload for the purpose of creating an Account or using the Services, which you can access through your Beyond Billables Account (Private Content).
(Shared Content) By providing or posting any Shared Content, you represent and warrant that:
you are authorised to provide the Shared Content;
the Shared Content is accurate and true at the time it is provided;
any Shared Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Shared Content is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Shared Content is not “passing off” of any product or service and does not constitute unfair competition;
the Shared Content does not infringe any Intellectual Property Rights;
the Shared Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
the Shared Content does not breach or infringe any applicable laws, regulations or orders.
(Shared Content – IP Licence) By uploading any Shared Content, you grant to Beyond Billables (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Shared Content in order for Beyond Billables to use, exploit or otherwise enjoy the benefit of such Shared Content.
(Shared Content – Removal) Beyond Billables does not have any obligations to screen Shared Content in advance of it being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Shared Content at any time without giving any explanation or justification for removing the material and/or information.
(Private Content) We do not control, verify or endorse the Private Content you or others provide via the functionality of the Website. You are responsible for ensuring that, and you represent and warrant that:
the Private Content does not infringe any Intellectual Property Rights;
the Private Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
the Private Content does not breach or infringe any applicable laws.
(Private Content – IP Licence) By uploading any Private Content, you grant to Beyond Billables (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence to transmit, process, use and disclose Private Content and any other information which we obtain through your use of the Services, but only:
to the extent necessary for us to provide the Services;
as required by applicable laws, regulations or orders;
to respond to an emergency (including a security breach); or
as otherwise permitted by these Terms.
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
- mailing or street address;
- email address;
- social media information;
- telephone number and other contact details;
- date of birth;
- credit card information;
- information about your business or personal circumstances;
- information in connection with client surveys, questionnaires and promotions;
- your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
- information about third parties; and
- any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information either directly from you, or from third parties, including where you:
- contact us through on our website;
- communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
- interact with our website, social applications, services, content and advertising; and
- invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
- to provide services or information to you;
- for record keeping and administrative purposes;
- to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
- to improve and optimise our service offering and customer experience;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
- to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
- to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.