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.
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.
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 may collect personal information either directly from you, or from third parties, including where you:
- 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.
We take compliance seriously and provide every individuals the following further rights to comply with the GDPR: the right to be forgotten, the right of access to your data, the right to erasure, the right to restriction of processing and the right to data portability. We have processes in place to facilitate this where necessary;
Beyond Billables processes personal data in accordance with the principles of data processing set out in the GDPR. If at any time you want to unsubscribe from any correspondence you are able to immediately.
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.