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.