Terms and Conditions
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Last updated: July 2022 erly is owned by OWNA Corp Pty Ltd (ACN 613 387 474 ABN 39 613 387 474), and adheres to OWNA’s existing Policies in addition to the following. You also agree to KeyPay Terms and Conditions as part of the Premium Plus subscription which can be viewed here https://www.keypay.com.au/terms-and-conditions. Please read these erly Terms and Conditions (Terms) carefully. You are entering into a binding legal Agreement with OWNA Corp Pty Ltd ACN. It is therefore important that you carefully read these Terms, together with the End User License Agreement (EULA) at the time of registering to use the Services. We reserve the right to amend these Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these Terms. Acceptance legally binds you, your third party contractors and all of your employees to the Terms. 1. Definitions - “We”, “Us”, “Our”, “erly” or “OWNA” refers to OWNA Corp Pty Ltd ACN 613 387 474 ABN 39 613 387 474 of Suite 213, 29-31 Lexington Drive, Bella Vista NSW 2153. - “You” or “Your” means any user of the Website or Services, including any entity, its employees, consultants, representatives and agents that You may represent. - “Service/s” means Our Software, Products, Website, Portal or associated goods and services We make available to You through the website. - “Software” means Our software licensed as part of the Services. - “Website” means this website, erly.app, theworkr.app, owna.com.au and other websites We have or establish for Your use. - “EULA” means the terms of the erly End User Licence Agreement available from the Website, or otherwise made available by erly, as amended from time to time. - “Terms” means these Terms and Conditions together with the End User License Agreement (EULA). - “Content” means all text, input, graphics, videos, trade dress, trademarks, works of authorship, features, functions, and other materials on or available via this Website. - “Subscription Fee” means the fee (excluding any taxes, levies and duties) payable by You each month associated with You or an entity registered to use the Services from time to time or such other amount as erly and You may agree in writing from time to time. 2. Registered Users and Customer In order to access the services provided by erly, you must become a registered user or customer collectively referred to as “Customer”. You will need to provide us certain information as set out in a separate communication sent to you via email. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. On registration, we provide you with a username and password. On registration you agree to pay for our services as set out on our website and these Terms. We reserve the right to terminate your registration at any time if you breach these terms and conditions. 3. Our Website Services erly services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list for our Subscription Fees are current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time with notice. 4. Site Access When you visit the erly website, we give you a limited licence to access and use our information for personal use. You are not permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 5. Hyperlinks erly’s website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking. 6. Intellectual Property Rights The copyright to all content on erly’s website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 7. Disclaimers Whilst erly takes all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. Whilst erly intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions, from time to time, the Service may be unavailable, including periods of maintenance and/or other development activity. We will aim to publish in advance on the website or by other means as erly may determine, details of any known significant outages or interruptions to the Services. 8. Statutory Guarantees and Warranties to Consumers Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (“C&C Act”) , and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. Schedule 2 of the C&C Act defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:- - Schedule 2 of the C&C Act; and - those statutory guarantees, all of which are given by us to you if you are a consumer. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:- - We will repair or replace the goods or any part of them that is defective; or - Provide again or rectify any services or part of them that are defective; or - Wholly or partly recompense you if they are defective. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:- - If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act. - If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. - If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts. 9. Limitation of Liability If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:- To the full extent permitted by law, erly excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Service. Our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. We do not accept liability for anything contained in any form of communication which originates with a user and not with Us. We do not participate in any way in the transactions between our users. 10. Indemnity By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 11. Jurisdiction These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect. 12. Privacy erly undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 13. Subscription Fees and Charges The services provided by erly are made available on a pay-as-you-go basis. Subject to any contrary intention in the Terms, you agree to pay our invoices by Direct Debit through our chosen Payment Gateway or paid within 14 days. Invoices will be sent to You or available on the Portal, or to a Billing Contact whose details are provided by You by email. You are responsible for payment of all taxes, levies, and duties in addition to the Subscription Fee, including and not limited to additional service features You may decide to add on. Upon payment of Subscription Fees a receipt will be emailed or otherwise be available on the Portal. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Without prejudice to any other rights that erly may have, we reserve the right to suspend or terminate use of Services by You in the event that any invoices are not paid in full by the due date for payment. If you are on a promotional period and do not cancel the Services within that promotional period after creation of an account, You will be billed starting on the day after the expiration of your promotional period. Expenses incurred by Customer associated with the installation, implementation, termination and receipt of the Services shall be the responsibility of the Customer. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from OWNA Corp Pty Ltd, given by email or posted on the Website. 14. Taxes You agree to pay any taxes and duties levied by any authority on, or in connection with, these Terms (other than income taxes payable by us). This includes payment of the amount of GST according to the following principles: where we are liable (whether directly or via a GST group of which we are a member) to pay GST on any amount received from you relating to this Terms and Conditions, you shall, following receipt of a tax invoice from us, at the same time reimburse us the amount of GST. Terms used in the last sentence have the meanings defined in the GST Law as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 or any Act substituted for, validating or otherwise replacing that Act. 15. Terminations To terminate an Account, the User must do so by sending a written notice to support@erly.app and providing us with one month’s written notice. Following this the User must delete all copies of the App from all their devices. It is the User’s responsibility to retrieve all necessary data from their Account prior to termination. We may terminate the Terms immediately, in our sole discretion, if: - you breach any of these Terms and do not remedy the breach within 7 days after receiving notice of the breach if the breach is capable of being remedied; we reasonably suspect that you are attempting to reverse engineer or hack the Software that is provided to you; we consider that a request for a License is inappropriate, improper or unlawful; you fail to provide us with clear or timely instructions to enable us to provide you with a License; we consider that our working relationship has broken down including a loss of confidence and trust; actual or intentional verbal or written abuse is presented; where the User is an individual, an order for the appointment of a trustee in bankruptcy or analogous step is taken; or for any other reason outside our control which has the effect of compromising our ability to provide you with the required Software or License within a required timeframe. - On termination or completion of the Services, all data, files, documents, correspondence, physical or electronic will be either destroyed by us or returned immediately after the termination is in effect (at our election). Notwithstanding the above, we may retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms. - Refunds or credits will not be offered in the case of cessation of service, partial months of service, upgrades or downgrades, or months unused or partially used with an open account. No exceptions will be made. Expenses incurred by Customer associated with the installation, implementation, termination and receipt of the Services shall be the responsibility of the Customer. |