Terms & Conditions (Oversight)
Last updated: 1-September-2020
These Terms govern access to and use of the Site and the Services provided by Finlert. Please read the Terms carefully. Clients and other users which use the Site or any of the Services agree to be bound by the following Terms. Use of the Site or any of the Services indicates an acceptance of these Terms. If you do not accept these Terms, you must not use the Site or any of the Services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorised representative.
Finlert may amend these Terms from time to time. The scope or content of the Services may also be changed by Finlert from time to time. The amended terms will be published on the Site and be effective from the date of publication. Finlert will make every effort to communicate substantial changes to you via email or notification on the Site. Use of the Site or the Services after such amendment indicates an acceptance of the amended Terms. You can review the current version of the Terms at https://www.finlert.com.
Breach of any of the Terms may result, among other things, in the termination of your account.
The individual who registers to use the Service on behalf of a Client.
The entity or organisation, represented by the Account Holder, that acquires the Services from us.
Finlert, We, Us
Finlert Technology Pty Ltd (trading as Finlert) and its associated entities.
Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of Account Holder.
The various services made available through the Site and otherwise provided or made available by Us.
This Terms of Service agreement.
Refers to all users of the Site and Services, including Clients, Invited Users and the Account Holder, unless expressly specified.
In return for payment of the subscription fees where applicable by the Client, we agree to provide the Services to the Client on these Terms.
Account holders must nominate an email address and password (together referred to as your "login") to use the Site. Your login is used by you to access the Site and the Services. Finlert is entitled to assume that all access to and use of the Site and the Services using your login is access and use by you.
A login may only be used by one individual - a single login shared by multiple individuals is not permitted.
During the signup process the Account Holder must provide their full name and a valid email address. As part of our security process we verify that you have access to the nominated email address.
You are responsible for maintaining the security of your account and password. Finlert is not responsible for any loss or damage arising from your failure to comply with this security obligation.
Clients and Account Holders are responsible for any access provided to Invited Users and their use of the Services.
Your rights to use the services.
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Finlert. Finlert reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Finlert grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any unauthorised third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file-sharing or application hosting service.
USE WITH YOUR MOBILE DEVICE. Use of these Services may be available through a compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Finlert MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Payment, Refunds, Upgrading and Downgrading Terms
Payments will be charged using any credit card or other payment mechanism we have on record for the Client (or the Account Holder on behalf of the Client).
The Service is billed in advance on a monthly basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Payments will cover the use of the contracted Services for a monthly or annual subscription period as agreed.
All fees are inclusive of Australian GST (if required) 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.
The services and prices are described in detail at https://www.finlert.com
For any upgrade or downgrade in plan level, the Client will be charged the new rate commencing from the start of your next billing cycle.
Unless the Client (through the Account Holder) notifies Finlert before the end of the applicable subscription period that the Client wants to cancel, using the method described in Section 3 below, your subscription will automatically renew at the end of the then-current period and you authorise us to collect the then-applicable subscription fee in accordance with item B.1 above.
Cancellation and Termination
If you, as the Client, wish to terminate your account, the Account Holder must notify us using our normal account management and termination process within the Service. The Account Holder is solely responsible for properly cancelling your account. An email or phone request to cancel your account is not effective cancellation. The correct process to cancel your account is by clicking on the Administration link in the navigation bar at the top of the company selector screen, and choosing the Account/Billing screen. The Account/Billing screen provides an account cancellation link.
There is no refund or credit of monthly fees for cancellation during a month.
Failure to pay our fees for any reason may result in the suspension or termination of a Client’s account (including all associated user accounts) and, after a short period, the deletion of those accounts and associated data.
Finlert, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user accounts or access to user accounts.
Modifications to the Service and Prices
Finlert may modify or discontinue the Services (or any part of them) with or without prior notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.
Finlert is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Data Ownership
This Agreement does not transfer from Finlert to you any Finlert or third party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with Finlert.
We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data uploaded by you remain yours. However, if you elect to provide access to your data to other users, you agree to allow us to enable these users to view and or edit this shared content. You are responsible for controlling shared access to your data and can revoke or change an invited user’s access.
You must maintain copies of all your Data input into the Service. Finlert adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up, but does not make any guarantees that there will be no loss of Data. Finlert expressly excludes liability for any loss of data no matter how caused.
Finlert may at any time or from time to time use your data to derive non-personally-identifying, and non-company identifying, information in aggregate form. (e.g., for industry benchmarking or statistical analysis). You hereby consent to such use of your data by Finlert.
The Services and the Site are protected by copyright, trade mark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are copyright © Finlert Technology Pty Ltd. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in the Services or the Site without express prior written consent from Finlert.
You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.
Managing data privacy and data sharing among entities
The Service allows Account Holders to import data in relation to the Client (for example, employee leave). This data may be entered, analysed and managed within the Service.
Importantly, you are accountable to ensure access is provided to Account Holders and Invited Users as appropriate to avoid data being inappropriately shared or misused.
Finlert Clients must consider the data privacy arrangements you have in place with your clients, employees, team members or related entities before adding them as an Invited User or importing their data into Finlert.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Technical support is only provided to all Account Holders and is available via email or online. Support is only available in English.
You understand that Finlert uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Finlert is not responsible for the continuity of the services provided by those vendors.
You must not attempt to undermine the security or integrity of Finlert's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services or Site.
You understand that Finlert has certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date internet browser.
You understand that the technical provision of the Service, including your data, may involve (a) transmissions over various third party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offence to a reasonable adult. We may amend or remove user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.
Finlert does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.
This Agreement, is the entire agreement between you and Finlert and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Finlert. However, Finlert may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Finlert or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Finlert via an email to: email@example.com.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
Limitation of Liability
You expressly understand and agree that Finlert shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.
If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section C.
If you suffer loss or damage as a result of Finlert’s negligence or failure to comply with these Terms, and the exclusion in clause H.1 above does not exclude Finlert’s liability, then any claim by you against Finlert arising from Finlert's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to no more than the Access Fees paid by you in the previous 12 months.
The failure of Finlert to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Finlert and govern your use of the Service, superseding any prior agreements between you and Finlert (including, but not limited to, any prior versions of the Terms of Service).
The laws of the New South Wales, Australia will apply to these Terms.
Any notice given under these Terms by either party to the other must be in writing and will be deemed to have been given on transmission. Notices to Finlert must be sent to firstname.lastname@example.org or to any other email address notified by email to you by Finlert. Notices to You will be sent to the email address which you provided when setting up your access to the Service.