Pulsebuild Terms and Conditions

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on the Site) which sets out how we will handle your personal information;
• clause 1.6 (Variations) which sets out how we may amend these Terms;
• clause 3 (Fees) which sets out important information about payments, including whether you can cancel the Services and whether any of the Services auto-renew; and
• clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1. 1.1These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
2. 1.2Subject to your compliance with these Terms, we will provide you with access to the Services.
3. 1.3We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
4. 1.4The Services are currently provided as a beta version for evaluation and pilot purposes only. You acknowledge that:
   • the Services are still in development and may contain errors, bugs or interruptions;
   • you use the Services at your own risk during the beta period; and
   • we may discontinue, modify or transition the Services at any time, and we will provide you with reasonable written notice before doing so.
5. 1.5Where you engage third parties to operate alongside the Services, those third parties are independent of us and you are responsible for the goods or services they provide, unless we expressly agree otherwise.
6. 1.6We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Services after notice, you agree to the amended Terms.

2. Account

1. 2.1You may sign up for an Account in order to access and use the Services.
2. 2.2If applicable to your user type, you may invite Authorised Users to access and use the Services under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms.
3. 2.3While you have an Account with us, you agree to keep your information up-to-date, keep usernames and passwords secure, and notify us if you suspect unauthorised access.
4. 2.4If you close your Account, you and your Authorised Users will lose access to the Services.

3. Fees

1. 3.1The Services are currently provided free of charge during the beta period.
2. 3.2We may offer and you may choose to purchase paid Services, which once introduced will be as set out on our Site (Paid Services).
3. 3.3Details of our Paid Services, including features, limitations, fees and billing cycles are set out on our Site.
4. 3.4If you purchase Paid Services from us, you must pay all amounts due under these Terms.
5. 3.5Our payment methods will be set out at the time you purchase the Services.
6. 3.6You must not pay, or attempt to pay, any fees due under these Terms by fraudulent or unlawful means.
7. 3.7If any fees are not paid on time, we may:
   • suspend your access to the Services; and
   • charge interest on overdue payments at the Reserve Bank of Australia's cash rate plus 2% per annum.
8. 3.8You are responsible for paying any levies or taxes associated with your use of the Services.
9. 3.9Cancellation: All recurring Services continue for the agreed Service Term and automatically renew unless cancelled through your Account.

4. Licence

1. 4.1During the Term, we grant you and your Authorised Users a right to access and use our Services in accordance with these Terms.
2. 4.2You must not, and must ensure that your Authorised Users do not:
   1. (a)access or use the Services in any improper or unlawful way;
   2. (b)interfere with or interrupt the supply of the Services;
   3. (c)introduce viruses or other malicious software code;
   4. (d)use any unauthorised or modified version of the Services;
   5. (e)attempt to access any data or account you are not authorised to access;
   6. (f)use the Services for service bureau use, outsourcing, renting, reselling or sublicensing;
   7. (g)circumvent user authentication or security; or
   8. (h)transmit, publish or communicate defamatory, offensive, abusive or unwanted material.

5. Availability, Disruption and Downtime

1. 5.1We do not promise that the Services will be available 100% of the time.
2. 5.2The Services may rely on products or services provided by third parties, and we are not liable for disruptions caused by those third parties.
3. 5.3We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

6. Intellectual Property and Data

1. 6.1We own all intellectual property rights in the Services.
2. 6.2We may use any feedback or suggestions that you give us in any manner which we see fit.

7. Confidential Information and Personal Information

1. 7.1You agree not to use our confidential information and to take reasonable steps to protect it from disclosure without permission.
2. 7.2Either you or we may share confidential information with legal or regulatory authorities if required by law.
3. 7.3We collect, hold, disclose and use Personal Information in accordance with our privacy policy.
4. 7.4You must only disclose Personal Information to us if you have the right to do so.
5. 7.5We may need to disclose Personal Information to third parties such as related companies or service providers.
6. 7.6Where required by law, we may request information from you to meet our requirements.
7. 7.7This clause 7 will survive termination or expiry of these Terms.

8. Consumer Law Rights

1. 8.1In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights.
2. 8.2Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
3. 8.3If you accept these Terms in Australia, nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.
4. 8.4This clause 8 will survive termination or expiry of these Terms.

9. Liability

1. 9.1To the maximum extent permitted by law, we will not be liable for Liability caused by:
   1. (a)your computing environment; or
   2. (b)any use of the Services by a person or entity other than you or your Authorised Users.
2. 9.2To the maximum extent permitted by law:
   1. (a)neither we or you are liable for any Consequential Loss;
   2. (b)a party liability will be reduced to the extent caused by the other party;
   3. (c)our Liability may be limited to supplying the Services again or paying the cost of supply; and
   4. (d)our aggregate liability will be limited to fees paid in the preceding 12 months or AU$1,000 if you have not paid for the Service.
3. 9.3This clause 9 will survive termination or expiry of these Terms.

10. Notice Regarding Apple

1. 10.1If you access the Services on an iOS device through a mobile application from the Apple App Store, these Terms are between you and us only, not Apple.
2. 10.2Apple has no obligation to provide maintenance or support services.
3. 10.3If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price.
4. 10.4Apple is not responsible for addressing any claims relating to our mobile application.
5. 10.5Apple is not responsible for third-party intellectual property claims.
6. 10.6You agree to comply with applicable third-party terms.
7. 10.7Apple and Apple subsidiaries are third-party beneficiaries of these Terms.
8. 10.8You represent and warrant that you are not located in an embargoed country or listed on prohibited or restricted party lists.

11. Suspension and Termination

12. General

1. 12.1Assignment: You may not transfer or assign these Terms without our prior written consent.
2. 12.2Disputes: Neither party may commence court proceedings unless we and you first meet in good faith to resolve the Dispute, except for urgent injunctive or equitable relief.
3. 12.3Events Outside Our Control: We will not be liable for delay or failure caused by events beyond our reasonable control.
4. 12.4Governing law: These Terms are governed by the laws of New South Wales.
5. 12.5Illegal Requests: We reserve the right to refuse inappropriate, unethical, unreasonable, illegal or non-compliant requests.
6. 12.6Marketing: You agree that we may send electronic communications about our products and services.
7. 12.7Nature of Legal Relationship: These Terms do not create a partnership, joint venture, employment or agency relationship.
8. 12.8Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms.
9. 12.9Professional Services Disclaimer: The Services do not constitute financial, legal, construction, safety or risk management advice.

13. Definitions

1. 13.1In these Terms:

   Account

   means an account accessible to the individual or entity who signed up to the Services, under which Authorised Users may be granted access.

   Authorised User

   means a user that you have invited to use the Services through your Account.

   Consequential Loss

   includes consequential, special or indirect loss, loss of profit, revenue, goodwill, opportunity, savings, reputation, use or corruption of data.

   Liability

   means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment.

   Personal Information

   means any information or opinion about an identified individual, or an individual who is reasonably identifiable.

   Services

   means the services we provide to you, as detailed at the beginning of these Terms.

   Your Data

   means information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users.