TERMS & CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to Paperly Pty Ltd (ACN: 625 315 951). You may use this software application (“Paperly app”) subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the Paperly app following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you use the Paperly app, you read these terms and conditions.

1. Key definitions

1.1 The following terms are used regularly throughout these Terms of Service and have a particular meaning (additional definitions are found in the General Conditions):

    (a) Agreement means these Terms of Service.
    (b) Adult means a person that has reached the age of 18.
    (c) Company means Paperly Pty Ltd (ACN 625 315 951).
    (d) Individual means either a Student or Adult with an SDF to share with an Organisation.
    (e) Organisation means a school, childcare centre, club, institution, agency or other organised or incorporated body which has a subscription to access to or use Paperly.
    (f) Paperly means the Australian Company Name (ACN 625 315 951).
    (g) Paperly app or app means this software mobile application available from the Apple® App Store®, Google Play®, and other mobile application marketplaces; and the web application.
    (h) Staff Member means any employee, volunteer or other personnel of an Organisation, including teachers, coaches, instructors etc.
    (i) School means but not limited to the school with Students and Staff who are Users of the Paperly app;
    (j) Student means a student of the School.
    (k) SDF (Student Details Form) means the information record of a Student including, but not limited to, First Name, Surname, Date of Birth, Form (Year group/ Home Class), Parent Mobile, Parent Home Phone, Parent Email, Parent Home Address, Emergency Contact Mobile, Emergency Contact Home Phone, Student split family information, Student Medical Conditions, Student Allergies, Student Medicare Information, Student Doctor Information, and Student Immunisation Information
    (l) User means any Organisation, Individual or Staff Member that uses the Paperly app.

2. Agreement

2.1 This Agreement governs the use of Paperly by any User and limits the liability of the Company to any User.

2.2 Where the User does not accept the Terms and Conditions of this Agreement, the User must immediately cease using the Paperly App.

2.3 This Agreement and the Terms and Conditions may be updated by the Company at its absolute discretion from time-to-time. The most recent update of the Agreement and Terms and Conditions will apply.

2.4 The User agrees and accepts that:

    (a) Any consent made by an Individual or Organisation through Paperly is valid and binding unless and until revoked by the Individual or Organisation;
    (b) All information about an Individual is used and controlled by the Organisation, not Paperly;
    (c) All information input into Paperly about an Individual is provided with that Individual’s consent via the Organisation.

2.5 The Organisation agrees and accepts that:

    (a) It shall not store or record any Medical Information that it can access through Paperly unless it is fully compliant with the Privacy Act;
    (b) It shall ensure all personal information it has access to through the use of Paperly is kept and used in accordance with the Privacy Act;
    (c) It shall only use Paperly for its intended purpose as set out in this Agreement;
    (d) It is solely responsible for the use of Student or Adult information uploaded or input into Paperly by any Staff Member;
    (e) Subject to written approval, it grants Paperly a royalty free licence to use any logos in any form, media, or technology for the purpose of promoting or marketing Paperly; and
    (f) It’s licence to use Paperly is subject to the payment of all necessary Fees.

3. Registration

3.1 The User must register an account through Paperly to use the Paperly Mobile App.

4. Our Services

4.1 Our services are provided to a Staff or Adult who is a parent or guardian of a Student to share information which may include, but not limited to: SDF, Leave Request, Excursions Approval Form, Incident Report, with the Organisation.

4.2 Our services will only operate properly if the Organisation has a valid subscription and has authorised you as a User to the particular modules. Paperly will provide the Organisation with the user name and password to access the Paperly app, and the User may be required to change the user name and / or password.

4.3 We reserve the right to terminate or suspend the User’s access or account to the Paperly app at our own discretion.

4.4 We provide an online platform to replace paperwork with online forms via different modules although we recommend maintaining paper records for verification purposes or backup, if required.

4.5 Your files, information, data, images, or documents uploaded to our system will remain your property. You hereby expressly grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use any of your files, content, images, or documents any way for the purpose of providing the service to you, and agree to sign any documentation to that effect, if required.

4.6 Any information shared with the Organisation may be retained by the Organisation for the purpose of updating its administrative records.

4.7 All information about an Individual is used and controlled by the Organisation and/or Individual, not Paperly.

4.8 We will endeavour to maintain the integrity of your data and information. However, it is your responsibility to maintain a backup of your data and information. We are not obliged or responsible to keep your data and information on our system.

4.9 Once your access right or account to our system is revoked, we may delete your data, images, and / or files on our system at our discretion.

4.10 You acknowledge and agree that we may share your data and information with the Organisation.

5. Fees

5.1 The Organisation agrees to pay all Fees as and when they fall due and to the extent permissible by law. Fees are non-cancellable and/or non-refundable once ordered or paid.

5.2 Subscription fees (Fees) will apply as advertised in order to the use of Paperly app, and the terms of those fees will be provided on request.

5.3 Where a Fee is paid for a particular term of access to the Paperly app, a User shall not be entitled to a pro-rata or any refund of any Fees if it elects to stop using the Paperly app within that term.

5.4 Certain modules may require you to make payment to your Organisation through third party payment services, including but not limited to banks, credit card providers, BPAY and telecommunications services.

5.5 Services performed outside of an agreed module or after sign off will be charged on a time and material basis at a rate of $175/hour + GST.

6. Invoicing and Payments

6.1 The Company shall issue the Organisation a Tax invoice for all Fees for which GST applies.

6.2 Should the Organisation dispute a Tax Invoice, the Organisation must notify the Company of the disputed item within 5 Business Days of the date of the Tax Invoice. The Company must pay the amount of the Tax Invoice not in dispute within the prescribed payment period.

7. Termination

7.1 Either party may end this Agreement at any time by 30 days’ written notice to the other party.

8. Intellectual Property Rights

8.1 The User and/or Organisation agrees and accepts that the Paperly App is the Intellectual Property of the Company and the User and/or Organisation further warrants that by using the Paperly App, the User and/or Organisation will not:

    (a) Copy the Paperly App or the services that it provides for the User’s and/or Company’s own commercial purposes; and
    (b) Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms, scripts contained in the Paperly App or any documentation associated with it.

8.2 The copyright to all content on this app including applets, graphics, images, layouts, and text belongs to The Company or we have a licence to use those materials.

8.3 All trade marks, brands, and logos generally identified either with the symbols TM or ® which are used on this app are either owned by us or we have a licence to use them. Your access to our app does not license you to use those marks in any commercial way without our prior written permission.

9. Disclaimers

9.1 Whilst we take 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.

9.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

9.3 We also take all due care in ensuring that our app 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 app or any linked website.

10. Statutory Guarantees and Warranties to Consumers

10.1 Schedule 2 of the Competition and Consumer Act 2010 (“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:-

    (a) Schedule 2 of the C&C Act; and
    (b) those statutory guarantees, all of which are given by us to you if you are a consumer.

10.2 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:-

    (c) We will repair or replace the goods or any part of them that is defective; or
    (d) Provide again or rectify any services or part of them that are defective; or
    (e) Wholly or partly recompense you if they are defective.

10.3 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:-

    (f) 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.
    (g) 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.
    (h) 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.

10.4 You warrant that all the data, images, and / or files which you upload to our system will not breach any law, and we reserve the right to remove any unlawful data, images, and / or files in our sole discretion. You acknowledge and agree that we shall not decline any legal request issued by any governmental institutions or organisations to access your information, data, images, and / or files.

11. Limitation of Liability

11.1 You agree that you use the Paperly app at your own risk.

11.2 You acknowledge that we do not provide any kind of advice, including but not limited to medical advice, legal advice, or financial advice, nor hold ourselves out to provide advice of any kind.

11.3 You acknowledge and agree that we, including all directors, employees, contractors, related and affiliated persons of Paperly, are not responsible for the conduct or activities of the Organisation and other Users.

11.4 You acknowledge and agree that, in no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Paperly app or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

11.5 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:-

    (a) To the full extent permitted by law, 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.
    (b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    (c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
    (d) We do not participate in any way in the transactions between our users.

12. Indemnity

12.1 By accessing or using our app, 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 app and the use of any materials and information, including but not limited to, SDF, Leave Request, Excursions Approval Form, Incident Report, or medical data.

12.2 We do not warrant the accuracy of any data entered into our app by yourself or third parties. We are in no way responsible for medical information stored within the app nor are we responsible for medical actions, first aid or medical treatments administered to any person wherein anybody has relied on medical information contained within the app.

12.3 We do not provide medical assistance, emergency services or medical treatment advice.

12.4 By accessing or using our app, 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 any goods and services provided to you by a third party service provider, including but not limited to processing online payments.

12.5 By accessing or using our app, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising as a result of any User’s breach of these Terms or infringement of any law by using the Paperly app.

13. Jurisdiction

13.1 These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia 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 Western Australia and you agree to submit to the jurisdiction of those Courts.

13.2 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.

14. Privacy

14.1 We undertake to take all due care with any information which you may provide to us when accessing our app. 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.

14.2 Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.