Terms and Conditions


Thank you for choosing to use our services. The following terms normally apply whenever we do anything for our business customers. Please call us (612) 98822440 if you have any questions about these terms. Different terms may apply to some services we provide for business customers, as we explain in these standard terms.

General

  1. For the purpose of these Terms and Conditions, the Customer shall be that named in the Company or Company Name field of the BuildAnApp Account Application and Registration Forms, and BuildAnApp shall be BuildAnApp Pty Ltd. A.B.N. 60 090 637 415. The Service shall be the Mobile App, email, sms, and online distribution services provided by BuildAnApp.
  2. This website (the “Site”) is owned and operated by BuildAnApp Pty Ltd (BuildAnApp). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from BuiildAnApp. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified..
  3. The Customer warrants that all the details contained in the Account Application and Registration form are true in every particular. The Customer shall notify BuildAnApp promptly of any change in such details.
  4. The Customer shall pay BuildAnApp charges for services as specified in written price lists from time to time on a monthly basis, within 14 days from the date of invoice, unless otherwise agreed in writing by BuildAnApp. The Customer is responsible for paying all charges for all messages transmitted from any site where authorised identity tokens have been used. Without limiting BuildAnApp other rights or remedies, in the event that the Customer fails to pay any amount to BuildAnApp when due for payment. BuildAnApp reserves the right to instigate the option where the Customer shall pay interest to BuildAnApp, on such amount that the rate being 1% above the Westpac indicator Lending Rate, published from time to time calculated on the outstanding balance from the date payment falls due, to the date of payment in full.
  5. BuildAnApp shall use reasonable endeavours to ensure the continuity and efficiency of the Service at all times, but under no circumstances shall BuildAnApp, subject to Paragraph 6, be liable in respect of any claim (whether contractual, tortuous, statutory or otherwise) for any form of damages, loss, costs, injury or harm sustained or incurred by the Customer resulting in directly or indirectly out of the Services, or any failure of, or interruption or delay to the Service and including without limitation, damages, loss, costs, injury or harm in the nature of special, consequential, general, incidental or other damages or loss (including loss of revenue, loss of profit, loss of business or loss arising from claims by third parties) notwithstanding that BuildAnApp may be aware, or ought to have been aware of the possibility of any such damages, loss, costs, injury or harm.
  6. To the extent permitted by law, BuildAnApp disclaims all conditions and warranties, express or implied, in respect of the Service. If any condition, or warranty is to be implied in these terms and conditions pursuant to any legislation (including, without limitation, the Trade Practices Act, 1974) and legislation avoids, or prohibits provisions in a contract excluding, or modifying the application of, exercise of, or liability under, such condition or warranty. Such condition or warranty is deemed to be included in these terms and conditions, provided that the liability of BuildAnApp for breach of condition or warranty shall, if the legislation permits, be limited, at the sole discretion of BuildAnApp, to:
    1. The re-supply of services: or
    2. The cost of the re-supply of services and otherwise shall be limited to the maximum extent permitted by the legislation.
  7. The Customer hereby indemnifies and shall keep indemnified, BuildAnApp against all loss, damage, liability and expense of whatsoever nature incurred, or suffered by BuildAnApp as a result of any claim made, or proceedings instituted against BuildAnApp by a third party and arising out of the use of the Service by the Customer.
  8. Software Licence. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
  9. Where BuildAnApp, without obligation to do so elects at its discretion to supply the Customer with Products, the Customer agrees and accepts the supply of the Products on the following terms and conditions:
    1. For the purpose of this clause:
      1. End User means any person that the Customer has authorised to use the Products;
      2. Software means the access to the Customer of BuildAnApp's mobile app or web based software;
      3. Products means the software and related Products documentation.
    2. BuildAnApp grants to the Customer a non-exclusive and non-transferable license (License) to use the products. The Products may only be used by an End User who has completed either or both:
      1. the Account Registration Form;
      2. the Web Access Agreement.
    3. With the exception of the rights granted above, no right, title or interest in the Product will pass to the Customer.
    4. The Customer agrees not to sub-licence, assign, transfer, alter, decompile, disassemble, reverse engineer, create derivative works from or recreate the software in whole or in part.
    5. This Licence will terminate immediately upon:
      1. the Customer ceasing to be a customer of BuildAnApp in respect of the Services; or
      2. breach of the terms of this Licence by the Customer;
      3. Upon termination of this Agreement, BuildAnApp will remove all access of the Customer's staff to all BuildAnApp's Products.
    6. BuildAnApp does not warrant that the Software will be error free.
    7. To the extent permitted by law, and with the exception of third party claims relating to intellectual property infringement, BuildAnApp and the Customer each exclude all liability whether in contract, tort (including negligence) or otherwise in respect of this Licence and the use of the Software.
    8. Upon reasonable prior written notice, the Customer must provide BuildAnApp with sufficient information to enable BuildAnApp to independently verify that the number of licences granted to the Customer corresponds to the number of End Users.
    9. The parties acknowledge that BuildAnApp has executed this Licence.
    10. This Licence is subject to the governing laws in the state of New South Wales.
  10. To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
  11. These Terms and Conditions may only be amended by written agreement between BuildAnApp and the Customer.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online. The information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available through the Site.

Credit Card Data

We do not retain you Credit Card information once a transaction has been processed. Your data is used solely for the purpose of making the initial purchase and the ongoing subscriptions which have a period of 12 months. When you purchase a subscription you agree for the amount to be deducted from your credit card on a monthly basis in the one transaction.

Refunds

Once you have decided to publish an app tothe store you accept responsibility for the app after which no refunds are available.

Returns

Once you have decided to publish an app tothe store you accept responsibility for the app after which no refunds are available.

Cancellations

When you agree to purchase an app, you agree to a 12 month subscription. If you choose to cancel the subsciption prior to the 12 month period, the app will remain in the stores, but will no longer have communications capabilities.

Help Numbers

Please report any fault by calling us on (612) 9882 2440.

Please call us (612) 9882 2440 during business hours if you have any questions about these terms or our charges, or if you need help with anything else.



Privacy Policy


BuildAnApp understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. "We," "our" means BuildAnApp and its affiliates. "You," "your," visitor," or "user" means the individual accessing this site.


PERSONAL AND NON-PERSONAL INFORMATION

Our Privacy Policy identifies how we treat your personal and non-personal information.


WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?

Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways: • When you send us an application or other form • When you conduct a transaction with us, our affiliates, or others • When we collect information about in you in support of a transaction, such as credit card information • In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.


ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps BuildAnApp to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BuildAnApp website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behaviour. We may also contract with a third party to send e-mail to our registered [users/members].

To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of BuildAnApp is used solely by or on behalf of BuildAnApp and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of theBuildAnApp websites you visit.


HOW DOES BuildAnApp USE PERSONAL INFORMATION?

BuildAnApp may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.

Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.


DOES BuildAnApp SHARE PERSONAL INFORMATION WITH OTHERS?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.

If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.


HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.


HOW IS PERSONAL INFORMATION SECURED?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.


LINKS

This site contains links to other sites that provide information that we consider to be interesting. BuildAnApp is not responsible for the privacy practices or the content of such web sites.


PUBLIC DISCUSSIONS

This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. BuildAnApp does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.


HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at support[at]buildanapp.com.au


CHILDREN’S PRIVACY

BuildAnApp will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.


CHANGES

BuildAnApp reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by BuildAnApp or about our website practices, please contact us at: support[at]buildanapp.com.au



Disclaimer: No Earnings Projections, Promises Or Representations


You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase ofBuildAnApp Pty Ltd products and/or services, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings".

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by BuildAnApp Pty Ltd products and/or services.

(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at [yourwebsiteurl.com] depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee orimply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase BuildAnApp Pty Ltd products and/or services, and/or any monies spent setting up, operating, and/or marketing BuildAnApp Pty Ltd products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for BuildAnApp Pty Ltd products and/or services has been arbitrarily set by us. This price bears no relationship to objective standards.