Terms of service

Our Terms of Service (Terms) describe your rights and responsibilities when using our software application (Service).  If you create an account for a new workspace or create an account for an existing workspace, then these Terms govern your access and use of our Service. Our Privacy Policy has been integrated into these Terms. These Terms (or, if applicable, your written agreement with us) and any order form(s) together form a binding Contract between you and us. 'Splose', 'we', 'us', 'our' refers to Splose Pty Ltd (ACN 614 286 636). Please read these Terms and our Privacy Policy carefully before using our Service.

Splose reserves the right to revise and update these Terms, the Service, privacy and/or cookies policy any time we wish by making any changes immediately. By using our Service after being notified of a change to these Terms will mean you understand and accept those changes.

Privacy policy

Please review our Privacy Policy for more information on how we collect and use your information relating to the use of our Service. You can access our Privacy Policy at: http://splose.com/privacy.

Direct communication

We will send you communication related to Splose features, updates, downtime, as well as opportunities to be part of new features and anything else related to the general activity of your account. You may request to be removed from our mailing list if you wish to not receive such communication.

Your account

You agree to keep your username and password safe and not share it with others, including those in your workspace. You accept that we are not responsible or liable for the activity that takes place on your account. You agree to take all reasonable efforts to avoid unauthorised access to your account, either with or without your knowledge. You agree to not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or a third party.

Accuracy of information

We are not responsible if information made available in the Service is not accurate, complete or current. Information we provide is general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information we provide is not our responsibility.

Payment and Subscription

Upon joining Splose, you must add a credit card which is managed by our partner Stripe. All transaction data remains encrypted. Please see Stripe policy for more information.

We may agree to invoice you by email where full payment must be received within thirty (30) days from the invoice date.

We may change the subscription fees by giving you 30 days notice. Any changes to the subscription fees will be uploaded on the pricing page on our website, and communicated to you by email.

You are billed according to the number of practitioners who may use Splose. You may modify your account usage limits at any time by adding or removing practitioners and members, and by increasing or decreasing storage limits. Splose will not take responsibility for any loss you may incur as a result of account and user adjustments. Any changes you make are at your own risk.

Any adjustments you make will be billed on a proportional basis until the date of your new plan. Credits will be applied to your account for use immediately, however, refunds are not available for unused credit. Should you find any inconsistencies in your billing information, please contact us and we will work with you to rectify any incorrect billing as soon as possible. Splose staff are available 7 days a week for support should you have any issues or questions. SMS can be purchased in addition to your subscription.

Taxes

To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoices designed to enable you to obtain a refund or credit from the relevant revenue authority if such a refund or credit is available.

Renewal of your Subscription

Except as otherwise specified in your subscription, unless you or we cancel your subscription before the expiration of your current subscription term, your subscription will automatically renew for another subscription term equal to your existing term.

Cancellation of your subscription

If you wish to cancel your account, you must cancel through your account in your subscription settings. Other means of cancelling are not accepted. All of your uploaded data will be permanently deleted or anonymised 60 days after your account has been cancelled after which your data will not be recoverable. You are not entitled to a refund if you cancel. Failure to pay when your payments are due can cause your account to be cancelled.

Termination

Notwithstanding any of these Terms, Splose reserves the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use our Service, and to deny current and future use of the Service, for any or no reason. Upon termination, these Terms will still apply.

License and site access

You agree not to: attempt to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.); willfully tamper with the security of the Service or with other customer accounts; access data on the Service not intended for you; log into a server or account on the Service that you are not authorised to access; attempt to probe, scan, or test the vulnerability of the Service or network that hosts our Service; impersonate us or solicit users for commercial purposes; breach the security and authentication measures; lease, distribute, license, sell, or otherwise commercially exploit the Service. The rights granted to you are non-exclusive, non-sublicensable and non-transferable.

Although we try to make the Service available all the time, we may be required to perform unscheduled maintenance on our Service which may require a period of downtime. Where possible, we attempt to minimise any such downtime and as our commitment to being transparent, we display the real-time status of the Service on our status page. Where planned maintenance is being undertaken, we will attempt to give you as much notice as possible, however due to the nature of software, cannot guarantee it. If unexpected outages occur, we make no guarantee as to the recovery time. Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using the Service. You are responsible for maintaining copies of any data you enter into our Service using our data export feature.

Splose holds the right to cancel your subscription should there be a violation of our Terms. Misuse and malpractice may lead to legal ramifications for which Splose takes no liability. Unauthorised use of Splose will be deemed to violate our Terms and may breach state, territory, federal, and foreign laws, treaties, rules and/or regulations and may result in penalties.

Copyright

We do not own the data you upload into our Service, but you permit us a licence to store it and add it to our backups. You accept that the Service is licensed to you and that Splose retains ownership of all rights, and IP rights therein, including trademark rights, design rights, documentation, copyrights, and trade secret rights.

You may submit notes, messages, ideas, comments, feedback, suggestions, recommendations, or any other like content (in any form whatsoever) to us through our website, in email or chat correspondence, or through any other means whatsoever (Feedback).  

You warrant and represent that, you hold all rights, title and interest in the Feedback, and your communication to us (and our use) of the Feedback does not (and will not) violate or infringe the rights of any other parties.  

You acknowledge and understand that, all rights, title and interest in any Feedback and any intellectual property that is associated with that Feedback (Feedback IP) shall irrevocably vest in and be the sole and exclusive property of Splose on and from the provision of that Feedback to us. You further acknowledge and understand that all Feedback will be treated as non-confidential and will not be deemed to be Personal Information (as defined in the Privacy Act 1988 (Cth)) unless you indicate otherwise, and we shall be able to use and exploit the Feedback at our sole and exclusive discretion (including in sales and marketing activities, and for other commercial purposes).  

You irrevocably and unconditionally consent to (and warrant that your employees, agents, and contractors irrevocably and unconditionally consent to) all uses, acts or omissions by or on behalf of Splose, its assigns, licensees, or successors in title or any of its authorised persons of, or in relation to, the Feedback and/or the Feedback IP, including any uses, acts or omissions which would otherwise breach any of your (and/or your employees’, agents’, or contractors’) moral rights (as defined in Part IX of the Copyright Act 1968 (Cth)).

Trademarks

All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/ or logos used on our website or related to the Service are the exclusive and/or registered trademarks of Splose. Unless you have our express prior written permission, you may not use any name, logo, or other marks of ours or any identifier including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us, such as your online booking page); or (b) to imply identification with us as a partner or another similar representative capacity. You agree not to remove or alter such items that we may provide. You cannot give your account to any other person.

Warranties and Representations

You agree that your use of our Services is solely at your own risk. You agree that our Service is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You accept that Splose may be subject to delays and errors as a result of transferring data over communication networks. Further, we cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third-party service providers.

You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law.

You understand and accept there may be a risk from using Splose, including, but not limited to, security and performance issues. In no event will Splose be liable for any loss of use, loss or inaccuracy of data, loss of profits, failure of security mechanisms, interruption of business, costs of delay, or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of the possibility of such damages in advance. Should there be any loss or corruption of your data uploaded to Splose, Splose will use reasonable endeavours to attempt to recover that data from our available backups but is not liable for any losses you may incur.

Indemnity

You agree to defend, indemnify and hold harmless Splose, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements arising in connection with your use of our website and/ or Service or your breach of any of these Terms.

Applicable Law

These Terms and any separate agreements whereby we provide you with the Service will be governed by and construed under the laws of South Australia.

Variation

These Terms can only be amended or varied by Splose, at its own discretion, and may not be amended or varied in any other manner.

Assignment

Splose may assign or transfer its rights or obligations under these Terms at its own discretion. You are unable to assign or transfer any of your rights in these Terms without our prior written permission.

Severance

If any part of these Terms is prohibited, invalid, or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms or effecting the validity or enforceability of that provision in any other jurisdiction.

Contact us

If you have any questions, please feel free to contact us at:

Splose Pty Ltd
Address: Suite 24, Stone & Chalk, Lot Fourteen, Adelaide SA 5000
Email: support@splose.com

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