IMPORTANT: The following User Terms and Conditions (User Terms) are a legal agreement between you (being a company, partnership, or sole trader who will be referred to as you or your) and Business Sorter Limited, a company incorporated in New Zealand under number 4824799 (us, we, or our), in respect of your access to and use of the Site and Services provided by us.
By accessing or otherwise using our Site or Services, you acknowledge and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access or use the Site or Services and immediately notify us of this decision.
LICENCE & SUBSCRIPTION
We grant you a non-transferrable and non-exclusive licence to use our cloud based solution for business planning and management (Services) for your business.
You shall ensure that all of your employees, contractors, agents and advisers agree to these User Terms prior to using this website (Site) or the Services and you agree and acknowledge that you are liable for any such breach by them of these User Terms.
To the extent you access or use the Site or Services through a third party, you agree to be bound by these User Terms and shall not use the Services or access the Site otherwise than as contemplated by these User Terms.
You may invite users (Invited Users) to use the Site or Services as Account Holders, Team Leaders or Team Members. You may only sign up the amount of Invited Users in accordance with the subscription you have paid for. Team Leaders may, and Team Members may not, add any additional users or members to the Site or Services.
Subscriptions for the Services are for monthly or annual periods. Your subscription is only for the length of time for the period you have paid for.
PROVISION OF SERVICES
You acknowledge and agree that the information contained and accessed on or through the Site and the Services is provided by us for general guidance and is intended to offer you general information. The information provided is not intended to be a substitute or replace any professional advice, consultancy or service. You should consult with a professional for financial, consulting, tax, legal or such other relevant professional advice.
You acknowledge and agree that there is no guarantee that access to our Services will be without disruptions, delays or communication-related flaws. We are not liable for any such disruptions, delays or other omissions in any communication experienced when using our Services or the Site.
We will use reasonable endeavours to notify you before access to the Services is suspended or restricted.
You agree that we may:
temporarily suspend or restrict access to the Services or Site to carry out maintenance, upgrades, repairs and/or make improvements to the Services or Site; and
change any technical and/or other features of the Services or Site in order to keep pace with the latest demands and technological developments or to comply with any regulations.
We may change these User Terms or the way we provide the Services or Site, at any time. If we do:
the change will take effect when we post it on the Site or through the Services; and
you will be bound by the change immediately upon it being posted on the Site or accessed through the Service. Please check these User Terms periodically to inform yourself of any changes.
In using the Services or Site, you agree that you will:
not access, input or upload any contribution or content to the Site without our express written consent;
promptly respond to all reasonable requests made by us for instruction and information, and promptly do all things reasonably necessary to enable us to fully and effectively provide the Services or Site;
use the Services or Site properly and for its intended purpose, in accordance with these User Terms and any written instructions which may be received from us from time to time;
only use the Services or Site in accordance with industry best practices for internet protocol;
you may not publish hyperlinks to the Site or Services without our written consent;
ensure that the Services or Site are not used for the sending of unsolicited emails;
not make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software to or from the Services or Site;
not share with a third party any login credentials to the Site or Services;
not use the Services or Site for the purposes of data mining, extraction, collection, emulating, phreaking, hacking, password cracking, IP spoofing or overloading the Site or Services, “framing”, inserting pop-up windows, interstitial pages, advertisements, performing any automated operation or any such other similar actions.
not use or allow anyone else to use the Services or Site to directly or indirectly input content which is or may be malicious or defamatory, software which assists in or promotes emulators, phreaking, hacking, password cracking, IP spoofing, be illegal, obscene, offensive, threatening, violent, sexually explicit, pornographic, promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation, age, is likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person, is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person, give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business, solicit passwords or personal information from anyone, be used to send any communication by automated email or otherwise, be incomplete or inaccurate or submitted otherwise than as requested by the Site or through the Services, request personal information from other users nor post any unnecessary personal information about you or any user without their permission or link to any of the material specified above in this paragraph.
You acknowledge and agree that you or any of your Invited Users:
own or have rights to use all contributions that are input into the Service or Site by you or any of your Invited User;
have the authority or permission of any third party in respect of any personal information provided to us;
are responsible and liable for any breach of intellectual property rights, defamation, or any law, which may occur as a result of any contributions by you or any of your Invited Users input when using the Services or Site;
will immediately notify us of any security breach or unauthorised use of your account or any account of an Invited User;
are responsible for determining what information should be shared input into the Site or Services and what can be shared with the respective Invited Users; and
irrevocably release us from any right or claim arising out of or in connection with any contribution inputted by you or your Invited Users.
You may use the Service or Site free for a trial period of 14 days. The trial period allows you up to 50 members in total, including up to 3 Team Leaders. Apart from the Team Leader limit, there are no other restrictions on the Services. Any time during the 14-day trial period, and for 30 days after it ends, you may use the ‘Upgrade’ tab on the Site to choose a subscription, and pay by providing your credit card details. If you don’t upgrade within 30 days after the trial period ends, your Free Trial Account and all data you have input will be permanently deleted.
PRICE AND PAYMENT
The prices payable for Services are set out on the Pricing & Sign-up page. All Services are to be paid in full prior to accessing the Services by the administrator of the Company Account for the subscription period selected.
We reserve the right to change prices at any time. If prices do change, we will notify you at your last known email address or your billing email address (if provided). The new price will come into effect at the end of your current subscription period.
The price charged for any Services may differ from one country to another. You are only entitled to the lowest price if you reside in the respective country.
All prices exclude taxes and you are responsible for payment of any applicable taxes or duties.
All monies paid by you to us are non-refundable, not capable of set-off and cancellation and/or termination of these User Terms by you or us at any time for any reason will not entitle you to a refund of monies paid.
At the expiry of the period for which you have paid, we shall automatically take payment for the next subscription period from the credit card you have previously provided. An invoice will be sent to you at your last known email address or to your billing email address (if provided) to confirm renewal of your Business Sorter subscription for a further period.
At any time before the expiry of your subscription, you may use the “Upgrade” tab on the Site and change your requirements for Services. The new Services will come into effect immediately. If your new subscription costs less than your old subscription, you will not receive a refund for the unused portion of your old subscription. If your new subscription costs more than your old subscription, we will calculate the unused portion of your old subscription and deduct the pro rata amount, “Upgrade offset”, from your new subscription so that, for the first period of your new subscription, you will be charged a reduced amount, “Part Payment”.
At any time before the expiry of your subscription, you may use the “Manage Account” tab to access the company details on the Site and discontinue the subscription, either by suspending or deleting the account, which will take effect at the end of the current subscription period.
ACCESS TO SERVICES
Access by an Invited User to the Services and/or Site is conditional on your permission.
You may change an Invited User’s level of access or deny an Invited User access to the Services at any time.
Invited Users granted Team Leader status on specific plans may initiate plans and may invite other Team Leaders and Team Members to those plans. They can also change an Invited User’s levels of access to all or part of the Services at any time.
You acknowledge that our intellectual property includes all statutory, common law and proprietary rights of a party, including patents, designs, trademarks, copyright works, layout designs, know-how and other information, whether registered or unregistered (including applications for such rights) as may exist anywhere in the world at any time (Intellectual Property) in relation to the Services and Site.
We retain sole and exclusive ownership (including all the Intellectual Property rights) in the Services and the Site, whether in its original form and/or as modified by any person.
You acknowledge and agree that:
nothing in these Terms intends to transfer any such Intellectual Property rights to, or to vest any such Intellectual Property rights in you; and
you will not at any time directly or indirectly challenge or contest ownership of our or any third party’s Intellectual Property rights who are providing the Site or Service.
You acknowledge and agree that all title and intellectual property rights in and any third party content that may be accessed through use of the Services or Site is the property of the respective content owners and may be protected by applicable copyright or other Intellectual Property laws and treaties.
You acknowledge and agree that materials on the Site and provided through the Services may not be modified, reproduced, publicly displayed or used for any public or commercial use without our express permission in writing (including third party links). If you do not obtain our express written permission we bear no risk, responsibility or liability.
We may use all data and contributions input by you in order to provide and improve the Services, troubleshoot problems, prevent, detect and investigate potentially prohibited or illegal activities, enforcement of these User Terms, manage, customise and improve our services, content and advertising, tell you about our services, provide you with targeted marketing, service updates, and promotional offers preferences and compare information for accuracy, and verify it with third parties.
Access to all data and contributions input by you is conditional on:
subscription payments for the Services being up to date.
the Account Holder allowing you access to the Services available through the account.
If your subscription isn’t renewed (for whatever reason) or the Account Holder suspends the account, all data and contributions input by you will be retained and you can regain access again whenever the account is reactivated.
If the Account Holder deletes the account or the account is terminated (for whatever reason), all data and contributions input by you will be permanently deleted.
All representations and warranties in respect of the Services whether statutory, express or implied are expressly excluded (except any which may not be lawfully excluded), including, without limitation, the implied warranties of merchantability and fitness for any particular purpose.
To the fullest extent permitted by law, in no event will we be liable to you for any direct, indirect, incidental, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not we were aware or should have been aware of the possibility of such loss or damage.
To the fullest extent permitted by law, if we are held or found to be liable to you for any matter, whether based on an action or claim in contract, equity, negligence, tort, or under any indemnity or otherwise, the amount of damages recoverable against us for all events, acts or omissions will not in aggregate exceed the fees paid for the preceding three months by you in respect of your use of the Site or Services.
We may immediately terminate your use of the Site and/or Services, if:
you or any of your Invited Users fail to comply with any obligation imposed on you under these Terms; or
we cease to provide the Services (for whatever reason).
Use of the Site and/or Services may be terminated by:
the Account Holder using the “Manage Account” tab on the Site and discontinuing renewal of their subscription when their current monthly or yearly subscription expires, either by suspending or deleting their account with termination taking effect when time elapses on the remaining period of your subscription already paid for;
by us giving you 30 days’ notice in writing by email to your last known email address or addressed by post to your last known land address; or
immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
Termination by either party shall have the immediate following effects:
you will pay any and all fees and other charges you have incurred to us (including your standard monthly charges and any additional charges payable in arrears) which have not been invoiced prior to the date of termination;
you will cease to have access to and use the Services and Site;
your right to use the Services and Site immediately ceases;
we are under no obligation to forward any unread or unsent messages to you or any third party;
there shall be no reimbursement of credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this Agreement; and
is without prejudice to any other rights or remedies to which a party may be entitled.
You are using and acquiring the Services for the purposes of a business and therefore the provisions of the Consumer Guarantees Act 1993 or any other relevant consumer legislation in any country will not apply (to the extent such liability may be excluded by law).
No delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence by a party in respect of any breach of the other party’s obligations under these Terms is to:
operate as a waiver or prevent the subsequent enforcement of that obligation; or
be deemed a delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence in respect of, or a waiver of, any subsequent or other breach.
These Terms are governed by and shall be construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
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