Terms and Conditions

1. INTRODUCTION
   1. Welcome to the SubbieApps application (“Application”) and website located at https://www.subbieapps.com (“Website”) (together “SubbieApps”) which is owned and operated by Subbie Apps Pty Ltd (“SA PL”).
   2. SubbieApps is an online trade job management application that assists with organising projects, employees, supplies and suppliers.
   3. Please read these Terms & Conditions carefully. By accessing or using SubbieApps, you become a user and agree to be bound by these Terms & Conditions (“User”). These Terms & Conditions constitute a legally binding agreement between you and SA PL (“Agreement”).
   4. SA PL reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via SubbieApps, without giving prior notice to the Users. It is your responsibility to check the Terms & Conditions each time you use SubbieApps.

2. DEFINITIONS
   
   2.1. For the purpose of these Terms & Conditions the following definitions apply:
   “Account” means a Subbieapps user account and includes both Admin Accounts and General User accounts;
   “Admin User” means the User that an Admin Account is registered to pursuant to Clause 3.2 below;
   “Data” means any data or information inputted by you or with your authority into Subbieapps;
   “Fees” means the fees payable in connection with the use of Subbieapps, as displayed on Subbieapps from time to time;
   “General User” means an Account holder that is not an Admin;
   “Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether or not registered.

3. USER ACCOUNTS
   
   1. There are two types of Users on the Subbieapps platform, these are Admin Users and General Users.
   2.  In order to access Subbieapps as an Admin User, you must first set up an admin account by completing the account sign up process via the Application or Website, and then logging in (“Admin Account”). Once an Admin Account is established, the Admin Account holder can invite people to become General Users by joining their Subbieapps workspace (“Invitation”).
   3. A General User must register by clicking on the Invitation from an Admin User, completing the account sign up process, and then logging in.
   4. When creating an Admin Account, the Admin User will select a billing option which specifies the Fees and when Fees are payable (“Billing Option”).
   5. Each User is solely responsible for maintaining the confidentiality of their Account, password and data and for all activities that occur under their Account.
   6. A User must notify SA PL immediately if they believe their Account has been compromised. SA PL shall not be liable for any loss or damage that the User incurs as a result of a security breach of their Account. The User shall be responsible for any loss or damage that SA PL incurs as a result of such security breaches found to have resulted from any act or omission of that User.

4. FREE TRIAL
   1. SA PL may offer a free trial of Subbieapps (“Free Trial”) as a ‘one off’ option for a period of 14 days from the date entered (“Free Trial End Date”).
   2. SA PL, in its sole discretion, may determine and/or limit eligibility or duration of the Free Trial to prevent abuse of the Free Trial. SA PL also reserves the right to revoke the Free Trial and suspend an Account in the event that it determines that you are not eligible for the Free Trial.
   3. If the User cancels the Free Trial on or before the Free Trial End Date, the User will; (a) have no obligation to continue to use Subbieapps; and(b) not be charged any Fees.

5. USER CONDUCT
   1. A User must not (and must not enable any third party, including other Users to):
      
      1. use Subbieapps in any manner that could damage, disable, overburden, or impair Subbieapps;
      2. attempt to gain unauthorised access to any parts of Subbieapps;
      3.  interfere or attempt to interfere with the proper working of the software;
      4. use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from SA PL;
      5.  link directly to individual resources without prior written consent;
      6. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms and source code; or
      7. transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
   2. SAPL reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website which is linked to or from Subbieapps.
   3. The User agrees not to use Subbieapps; (a) in a defamatory, abusive, harassing or threatening manner; and/or (b) for any purpose that is unlawful or prohibited by these Terms & Conditions.

6. DATA
   1. SA PL cannot and does not control any Data uploaded on Subbieapps by Users and to the fullest extent permitted by law.
   2. The User agrees to grant SA PL a licence to use, copy, transmit, store, and back-up the User’s Data for the purposes of enabling the User to access and use Subbieapps and for any other purpose related to provision of services.
   3. Subbieapps may enable third-party applications access to and use of your Data in order to provide Subbieapps services. SA PL will not be responsible for any resulting risks or damages.
   4. SA PL reserves the right without prior notice to remove Data in its sole discretion in the event that it deems the Data to be harmful, objectionable or that it infringes on the rights of others or any applicable law.

7. PROPRIETARY RIGHTS
   
   7. The Subbieapps platform, including but not limited to, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to SA PL (“SA PL Materials”). All rights are reserved. No SA PL Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of SA PL.
   8. All trademarks, logos, trade dress and service marks on Subbieapps are either common law trade marks or registered trade marks owned or controlled by SA PL or third parties that have authorised such use and may not be copied, imitated, or used, in whole or in part, other than in accordance with these Terms & Conditions, without the prior written consent of SA PL.

8. FEES & PAYMENT
   8.1. All Fees payable are invoiced either on a monthly or annual basis in accordance with the Billing Option selected by the Admin User and must be paid in a timely manner. Fees are subject to change. If Fees are modified, Admin Users will be given advance notice of such changes.
   2.  Fees will be automatically deducted via Stripe. All fees paid are subject to Stripe’s Terms of Service which can be read here: https://stripe.com/au/ssa. SA PL is not responsible for any payments processed (or not processed) via Stripe.
   3.  If a direct debit of the Fees payable is unsuccessful, SA PL has the right to suspend the User’s access to their Account until full payment has been made. If payment is not made within 14 days, SA PL has the right to terminate the Account.
9. NO WARRANTIES
   1. If you are using Subbieapps or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to bind such person or entity to the terms of this Agreement.
   2. Subbieapps is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of Subbieapps for a particular use, accessibility or warranties that access to or use of Subbieapps will be uninterrupted or error-free. SA PL does not represent that Subbieapps will be secure or free of viruses or other harmful material or elements, or that any SA PL Materials will be correct, accurate, timely or complete.
   3. The SA PL Materials may include technical inaccuracies or typographical or other types of errors. SA PL has the right to make changes, modifications and updates to any SA PL Materials contained on Subbieapps in its sole discretion and without prior notice.
   4. You warrant and represent that you are acquiring the right to access and use Subbieapps for business purposes and, to the fullest extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers do not apply to the supply of the Subbieapps service.

10. DISCLAIMER
    1. SA PL is in no way responsible for:
       
       1. the conduct and behaviour of any User;
       2. any incorrect or inaccurate content on Subbieapps;
       3. the consequences of any malfunction of any equipment or programming associated with the operation of Subbieapps.
    2. There may be times when Subbieapps is temporarily unavailable to the User due to maintenance or any other reason beyond the control of SA PL. In the event that Subbieapps is unavailable, SA PL is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorised access to, or alteration of Data.

11. USER WARRANTIES
    
    11.1. THE USER WARRANTS THE FOLLOWING:

1. 1.  THAT SA PL WILL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF SUBBIEAPPS; AND
   2. THAT THE USER WILL NOT HOLD SA PL RESPONSIBLE FOR ANY USER’S ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH DATA ENTERED. THE USER AGREES THAT SA PL HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF DATA AND THE ACCURACY OF INFORMATION CONTAINED ON SUBBIEAPPS.

12. LIMITATION OF LIABILITY
    1. SA PL has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with Subbieapps.
    2. Any content accessed, downloaded or otherwise obtained on or through the use of Subbieapps is used at your own discretion and risk. SA PL shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Subbieapps.

13. INDEMNITY
    1. The User hereby indemnifies SA PL, its officers, directors, employees and licensors against any loss or damage suffered: (a) arising from your breach of any of this Agreement; or(b) in the event that any aspect of Subbieapps does not function as intended for any reason beyond the reasonable control of SA PL and particularly in connection with:
       
       1. service interruptions caused by an internet service provider;
       2. an internet connection;
       3. any fault or deficiency in computer hardware or software;
       4. or any fault or deficiency in audio/visual hardware.
    2. Should SA PL in its sole discretion determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

14. ASSIGNMENT

14.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of SA PL. SA PL reserves its right to assign the provisions of this Agreement at any time.

15. TERMINATION & SUSPENSION
    1. SA PL, in its sole discretion, has the right to limit access, suspend or terminate Subbieapps and refuse any and all current or future use of Subbieapps if it determines the User is in breach of this Agreement. Such termination shall not release the User of any obligations existing at the time their Account is terminated.
    2. To the fullest extent permitted by law, where this Agreement is terminated (whether by you or SA PL), you will not be refunded for any Fees already paid.
    3. If a notice of termination is given to the User, SA PL may, in addition to terminating the Agreement
       
       1. disable the Account in order to prevent the User from uploading Data;
       2. be regarded as discharged from any further obligations under this Agreement; and
       3. pursue any additional or alternative remedies provided by law.
    4. The following sections of these Terms & Conditions will survive termination: Payments, Charges & Cancellations; Proprietary Rights; User Warranties, Indemnity, Termination & Suspension, Governing Law and Jurisdiction and Entire Agreement Clause.

16. GST
    
    16.1. All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.

17. GOVERNING LAW AND JURISDICTION
    1. These Terms & Conditions and the access and use of Subbieapps shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using Subbieapps, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of Subbieapps shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using Subbieapps, Users hereby submit to the jurisdiction of such courts for such purposes.
    2. Users are solely responsible for compliance with any applicable laws of the country from which they access Subbieapps.

18. ENTIRE AGREEMENT
    1. This Agreement shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.
    2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.