Terms & Conditions
Version: 2.0
Last updated: 1st August 2024
These Terms govern access to and use of the Site and the Services provided by Finlert. Please read these Terms carefully. By accessing or using the Site or any of the Services, you agree to be bound by these Terms. If you do not accept these Terms, you must not use the Site or any of the Services.
Finlert may amend these Terms from time to time. The scope or content of the Services may also be changed by Finlert. The amended Terms will be published on the Site and will be effective from the date of publication. Finlert will make every effort to notify you of substantial changes via email or through notifications on the Site. Continued use of the Site or Services after any amendment constitutes acceptance of the amended Terms. You can review the current version of the Terms at https://www.finlert.com
Breach of these Terms may result, among other things, in the termination of your account.
Definitions
Account Holder:
The individual who registers to use the Service on behalf of a Client.
Client:
The entity or organisation, represented by the Account Holder, that acquires the Services from Finlert.
Finlert, We, Us:
Finlert Enterprises Pty Ltd and its associated entities.
Invited User:
Any person or entity, other than the Client and Account Holder, that uses the Service at the invitation of the Account Holder.
Services:
The various services made available through the Site and otherwise provided by Finlert.
Site
The Internet sites available at including http://www.finlert.com , https://leavecal.finlert.com/ , https://subsync.finlert.com/ , https://tayg.finlert.com/ , https://oversight.finlert.com/ , https://billy.finlert.com/, and help.finlert.com and any other site operated by Finlert.
Terms:
This Terms of Service agreement.
You, Your:
Refers to all users of the Site and Services, including Clients, Invited Users, and Account Holders, unless expressly specified otherwise.
Account Terms
Account Creation:
By creating an account or using the Services, you (“User” or “you”) agree to these legally binding Terms.
Login Credentials:
Account holders must provide a valid email address and a password (together referred to as your "login") to use the Site. Finlert is entitled to assume that all access to and use of the Site and Services using your login is by you.
Single-User Access:
A login may only be used by one individual; sharing a single login among multiple individuals is not permitted.
Account Information:
During signup, the Account Holder must provide their full name and a valid email address. We will verify that you have access to the nominated email address as part of our security process.
Security Responsibilities:
You are responsible for maintaining the security of your account and password. Finlert is not liable for any loss or damage arising from your failure to comply with this security obligation.
Invited Users:
Clients and Account Holders are responsible for any access provided to Invited Users and their use of the Services.
Payment, Refunds, Upgrading, and Downgrading Terms
Payment Authorisation:
Payments will be charged using the credit card or other payment method we have on record for the Client (or the Account Holder on behalf of the Client). By providing payment details, you authorise us to charge the applicable fees.
Billing Cycle:
The Service is billed in advance on a monthly or annual basis as agreed, and fees are non-refundable. This includes partial months, upgrades/downgrades, or unused months on an open account.
Fee Responsibility:
All fees are exclusive of Australian GST (if applicable) but exclusive of all other taxes, levies, or duties imposed by taxing authorities. The Client is responsible for payment of all such taxes, levies, or duties.
Price Changes:
Prices of all Services, including subscription fees, may change with 30 days’ prior notice. Such notice may be given by posting the changes on the Site, by email, or through the Service itself.
Automatic Renewal:
Unless the Client notifies Finlert before the end of the applicable subscription period of their intention to cancel, the subscription will automatically renew, and the applicable fees will be charged as authorised.
Cancellation and Termination
Cancellation Process:
To cancel your account, the Account Holder must follow the normal account management and termination process within the Service. This includes navigating to the Account/Billing screen via the Administration link and using the provided account cancellation link. Email or phone requests to cancel are not valid.
Non-Payment:
Failure to pay fees may result in the suspension or termination of the Client’s account, including all associated user accounts. After 30 days of non-payment, these accounts and associated data may be deleted.
Termination by Finlert:
Finlert reserves the right to decline service to anyone for any reason and may suspend or terminate accounts at its discretion. Termination will result in deactivation or deletion of user accounts and loss of access to the Services.
Modifications to the Service and Prices
Service Changes:
Finlert may modify or discontinue the Services (or any part of them) with or without notice.
Price Changes:
Prices are subject to change upon 30 days’ prior notice, which may be provided through the Site, email, or the Service.
Limitation of Liability:
Finlert is not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
Copyright and Data Ownership
Intellectual Property:
This Agreement does not transfer any Finlert or third-party intellectual property rights to you. All rights, title, and interest in such rights will remain solely with Finlert.
Data Ownership:
You retain ownership of all data you upload to the Service. If you provide access to your data to others, you grant Finlert the right to enable such users to view and edit this content. You are responsible for managing access to your data.
Data Security:
You must maintain your own copies of all data input into the Service. While Finlert adheres to professional practices to reduce the risk of data loss, including daily backups, we do not guarantee against data loss and expressly exclude liability for any loss of data.
Data Use:
Finlert may use your data to derive non-personally-identifying and non-company-identifying aggregate information for purposes such as industry benchmarking and statistical analysis. You consent to this use of your data.
Prohibited Actions:
You may not modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any software used to deliver the Services.
Managing Data Privacy and Sharing
Data Importation:
The Service allows Account Holders to import data, such as employee leave information. You are responsible for ensuring that data access is appropriate and that privacy arrangements with clients, employees, or related entities are respected.
Privacy Policy:
You agree to allow Finlert to collect, use, and disclose personal information in accordance with the Finlert Privacy Policy, located at [https://www.finlert.com ](https://www.finlert.com ).
General Conditions
Service Availability:
The Service is provided "as is" and "as available." Your use of the Service is at your sole risk.
Support:
Technical support is available to Account Holders via email or online and is provided in English.
Third-Party Providers:
Finlert uses third-party vendors for hardware, software, networking, storage, and related technology required to run the Service. We are not responsible for the continuity of these third-party services.
System Requirements:
You are responsible for meeting system requirements, including an up-to-date internet browser, to use the Service.
Data Transmission:
The technical provision of the Service may involve transmissions over third-party networks and changes to conform to the technical requirements of these networks or devices.
Prohibited Content:
You must not submit content that is misleading, deceptive, unlawful, defamatory, or infringes on others’ rights. Finlert may remove such content or terminate accounts without prior notice.
High-Volume Use:
If your use of the Site or Services is unacceptably high-volume, Finlert may take action to limit or restrict your access.
Limitation of Liability
Liability Limitation:
To the maximum extent permitted by law, Finlert, its directors, employees, and agents are not liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill, resulting from your use of the Service.
Force Majeure:
Finlert is not responsible for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, war, terrorism, civil disorder, and government regulations.
Governing Law and Jurisdiction
Applicable Law:
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.
Jurisdiction:
You agree that the courts of New South Wales have exclusive jurisdiction to resolve any disputes arising out of or in connection with these Terms or the use of the Site or Services.
Notices
Notice Delivery:
Notices will be deemed received within 24 hours of transmission, or when acknowledged by the recipient, whichever occurs first. Notices will be sent via email to the email address provided by the Account Holder or posted on the Site.
Contact Information:
All notices to Finlert should be sent to support@finlert.com.
Severability
Severability Clause:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect