Please read these terms carefully before using SprintSuite services.
Welcome to Sprintsuite, run by Sprintsuite Pty Ltd (ABN 81 633 751 489) (we, us or the Company), digital workflow, timesheet, integrated field service platform and work management software.
Sprintsuite is located on the web via the domain Sprintsuite.com. Sprintsuite includes all of the files located in that domain, all applications or browsers downloaded from that domain, and any other programs, webpages, web portals, applications or other resources accessed through that online domain (Site).
By accessing this Site, you agree to be bound by these terms of use ("Terms of Use"). These Terms of Use constitute a binding agreement between you and the Company and govern your use of the Site and of any of Sprintsuite's services, products, software, and Licence.
As part of these Terms of Use, your use of this Site is also subject to our Privacy Policy (located at https://sprintsuite.com/privacy-policy/), which is incorporated by reference into these Terms of Use.
Should you elect to pay us for a License for the use of this Site by you and/or your employees and contractors, your License shall be subject to these same Terms of Use and Privacy Policy and the terms of such License shall be incorporated by reference into these Terms of Use.
If you are under 18 years of age, you cannot purchase a License through this Site. By using this Site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this Site is subject to the rules set out below:
YOU MUST NOT:
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this Site accessible only to users who have registered and/or purchased a License.
Upon registration with this Site and/or purchase of a License, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this Site, you must agree to these Terms of Use and provide the Company with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this Site at its discretion.
Subject to the provisions of these Terms of Use, any user of the Site may elect to purchase a license or several licenses to use the full breadth of services offered within the Site ("License").
In these Terms of Use, the term "Licensee" means the tenant who is the manager or purchaser of the License and "Active User/s" means any person who is nominated by a Licensee to make use of the Site, in accordance with these Terms of Use.
Upon purchase of a License, the Licensee and their Active User/s will have access to the Site workspace ("Workspace").
Subject to payment in full of the License Fee, with immediate effect from the date and time of purchase, the Company hereby grants to the Licensee a limited, non-exclusive, royalty free license to use the Workspace services contained within the Site in accordance with these Terms of Use. Workspace services available pursuant to a License are subject to limitations imposed by the Company from time to time and the License cannot be exploited or in any way improved by any Licensee or Active User.
Each Licensee warrants and undertakes to purchase one (1) License per one (1) Active User and to ensure each Active User account is not used by multiple people.
The Licence will commence on and from the date and time of the Licensee's purchase of the License ("Commencement Date") and will continue in force for the time period indicated under the relevant License purchase (for example, monthly, quarterly, annually) unless terminated or revoked earlier in accordance with these Terms of Use ("License Period"). Continuation of any License is subject to the Company's receipt of payment in full of the License Fee.
Each new Licensee will be granted a fourteen (14) day trial period with full use of the Site and their Workspace, commencing from the Commencement Date ("Trial"). During the Trial, each Licensee and their Active Users will have full access to the Site until the expiration of the Trial period, upon which time the License Fee will be charged to the Licensee's nominated credit card. The Licensee must ensure their current payment details are provided on the Commencement Date to use the Workspace.
You must not dispose of the License, or sub-license the License, the benefit of these Terms of Use which arise pursuant to the purchase of a License or any rights or obligations hereunder, whether in whole or in part.
The Company reserves the right to change the prices for services provided pursuant to a License displayed on this Site at any time before purchasing a License and may amend such price, rate of payment, or method of payment for any subsequent License purchase. The Company may, at their discretion, charge different prices for different types of Active Users and will advise the Licensee of any expected charges. Changes to any price payable for a License will be communicated to a Licensee before the beginning of the next monthly billing period.
Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for Licenses purchased through this Site must be made by credit card processed online using the secure Stripe payment gateway, or any similar method as nominated by the Company from time to time.
Each Licensee will be automatically charged for the License on a fortnightly basis, with the first charge occurring on the first day following expiration of the Trial and charges occurring every fourteen (14) days thereafter ("License Fee"). The License Fee will be calculated based on the number of Active Users in the relevant fourteen-day period.
In the event that a Licensee defaults on payment on time and in full of the License Fee ("Default"), first-time defaulting Licensees will be granted a two (2) week period within which they may rectify their default and/or update payment details ("Grace Period"). Outstanding License Fees will accrue in arrears during the Grace Period and are immediately due and payable by the Licensee.
The Company reserves the right to charge interest on outstanding License Fees at a rate of 1.25% per month, calculated daily.
The Company may revoke the Licence or terminate the agreement for License which is subject to these Terms of Use at any time and for any reason at the Company's sole and absolute discretion with immediate effect.
In cases of continuing Default beyond the Grace Period, the Company may immediately revoke a Licensee's License without notice or liability.
The Licensee may terminate this agreement for convenience at any time, with such termination taking effect at the conclusion of the then-current License Period, at which point all amounts due from the Licensee to the Company shall become due and payable.
The Company uses the third-party Stripe payment gateway provided by Stripe Payments Australia Pty Ltd (ACN 160 180 343) for its secure online payment transactions ("Stripe"). Payments made through Stripe are subject to Stripe's own terms and conditions and privacy policy.
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your payments (eg, your name, email address and billing address). We do not store your credit card information.
Except as expressly provided otherwise in these Terms of Use, all amounts paid for License Fees or otherwise are non-refundable.
While Stripe and our Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures.
In these Terms of Use, the term "Proprietary Content" means this Site, all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof), and all software, systems and other information owned or used by the Company in connection with the services offered through this Site.
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of the Company.
You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The phrase "Sprintsuite" is a trademark of the Company. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
In these Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as documents and material relating to your workplace, comments, forum posts, messages, reviews, ratings and feedback.
The Site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE.
This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage arising directly or indirectly out of, or in connection with, these Terms of Use or the use of this Site or any related good or service by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to remedies including replacement, repair, or payment of costs.
You agree that your use of this Site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this Site by you or any other person.
To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company.
In these Terms of Use, the following rules of interpretation apply:
The Company may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without the Company's prior written consent. Your registration with this Site and any License purchase is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use without notice to you.
Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
The Company reserves the right to amend these Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments.
You may only vary or amend these Terms of Use by written agreement with the Company.
These Terms of Use will be governed in all respects by the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of appeal from them.