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AGREEMENT TO TERMS
This Terms of Use is a legally binding contract between you, whether you are acting in your personal capacity or on behalf of a legal entity (“you”) and Get A Handl PTY LTD (“Company,” “we,” “us,” or “our”), concerning the use of the https://www.handlbilling.com/ and/or availing of our services. This Terms of Use applies when you use all media channels, mobile websites, or mobile applications related, linked, or otherwise connected to this Site (collectively, the “Site”).
You agree to be bound by this Terms of Use upon your registration and/or using the Site. Accordingly, you are deemed to have read, understood, and agree to be bound by this Terms of Use and the other policies on the Site. IF YOU DO NOT AGREE WITH ANY CLAUSE IN THIS TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR AVAILING OUR SERVICES. IN THESE CIRCUMSTANCES, KINDLY DISCONTINUE USING THIS SITE.
Supplemental terms, conditions, clauses, or stipulations that we may add to the Site from time to time are explicitly included in this Terms of Use. We reserve the right to change this Terms of Use anytime and for any reason. We will inform you about any changes by changing the "Last updated" date. By using the Site, you hereby waive your right to receive a separate notice of each change.
All information you have provided while using this Site are not intended for distribution or use by any person or entity in a jurisdiction or country where such would be against the applicable laws, regulations, or which would subject us to any registration requirement within such jurisdiction or country. By consenting to these Terms of Use, you warrant and represent that you are entering into this agreement on your own initiative and are solely responsible for the due compliance with your local laws, if and to the extent such local laws are applicable.
You agree to keep your password confidential. You shall be responsible for using your account and password. We reserve the right to reclaim, remove, or alter the username you select if we determine, in our sole prerogative, that your username is inappropriate, obscene, or otherwise objectionable.
When you use the Site, you warrant and represent that: (1) the information you have given during registration are true, accurate, and complete; (2) such information is updated; (3) you're legally allowed to use the Site and agree to follow its rules; (4) you are of legal age; (5) you will not use automated or non-human methods to access the Site; (6) you won't use the Site for illegal activities; and (7) your use of the Site won't break any laws, rules, and regulations. If you provide false or incomplete information, we may suspend or terminate your account and ban you from using this Site in the future.
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SERVICE OFFERINGS FOR DEVELOPERS
[Insert Service Offerings]
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PAYMENT AND FEES
As consideration for the use of the Site and availing of our Services, you agree to pay us, without demand, an amount following the payment terms outlined below: The monthly subscription fee according to the plan you have selected + any relevant transaction fees incurred through payment processing.
All prices indicated on our platform are in USD and are subject to change without prior notice. We reserve the right to change the designated payment method for all applicable fees at our discretion. Should our service/product operate on a subscription basis, you agree to recurrent charges according to the selected subscription plan. These subscription fees will be billed monthly in advance unless either of us cancels them.
You are responsible for any taxes or duties related to using our Site and availing of our services. If taxes or duties are due, you agree to cover them.
We reserve the right to change our fees at any time. The new fees will be effective once posted on the Site or upon notice to you. Unless we say otherwise, all fees are non-refundable. Failure to pay the agreed fees could result in your access being suspended or terminated. If you spot any billing issues, let us know within five (5) business days for a fix.
We may use third-party payment processors to facilitate the transaction when processing your payment. Please read the terms of use of our third-party processors, as their terms also apply.
Non-payment of the fees constitutes a material breach of this Terms of Use, which may terminate your account at our sole discretion.
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INTELLECTUAL PROPERTY RIGHTS
This Site is one of our proprietary property. It includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics found in the SIte (collectively, the “Content”). It further includes trademarks, service marks, and logos contained therein (the “Marks”). These are owned or controlled by us or licensed to us. These are protected by the appropriate copyright and trademark laws and various other intellectual property rights, as well as unfair competition laws of Australia, international copyright laws, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
As a user duly registered on our Site, you are granted a limited license to access and use the Site. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
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PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that we specifically endorse or approve. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Use our support services improperly or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages or data mining, robots, or similar data gathering and extraction tools.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
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SUBMISSIONS
You understand and agree that any comments, questions, ideas, suggestions, feedback, or other information about the Site ("Submissions") you share with us becomes our property and will not be classified as confidential. We have full rights, including intellectual property rights, to use and share these Submissions for any lawful purpose, commercial or otherwise, without acknowledging or compensating you. You give up any moral rights to these Submissions and confirm that they are original or that you can share them. You agree not to hold us responsible for any claims of infringement or misappropriation related to your Submissions.
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SITE MANAGEMENT
The Company reserves the right, but not the obligation, to (1) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (2) monitor the Site for violations of your Agreement; (3) remove from the Site or otherwise disable all files and content that we deem as excessive in size or burdensome to our systems; (4) in our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your access or any portion thereof; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
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TERM AND TERMINATION
These Terms of Use will be in full force while you use the Site. We reserve the right, in our sole discretion, to prevent access to and deny use of the Site (including blocking certain IP addresses) to any person or entity for any reason, including but not limited to breach of any representation, warranty, or covenant contained in this Terms of Use, other policies found in the Website, or of any applicable law or regulation.
We may terminate your use or participation in the Site or delete your account and any content or information you posted at any time, without warning, in our sole discretion.
If we suspend or terminate your account for any reason, you cannot register again using your name, a false name, or someone else's name, even if you're acting on their behalf.
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MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, change, or remove any of the Site's contents at any time or for any reason without notice and without any obligation to update any information on our Site. The Company reserves the right to modify or discontinue all or part of the Site without notice at any time. You agree that the Company will not incur liability to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Due to forces outside our control, we cannot guarantee that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
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GOVERNING LAW
This Terms of Use including the use of the Site shall be governed by and construed in accordance with New South Wales Australia laws, without regard to its conflict of law principles.
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DISPUTE RESOLUTION
To expedite the resolution and control the cost of any dispute, controversy, or claim related to this Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating a proper case. Such informal negotiations shall commence upon written notice from one Party to the other Party.
Should the parties fail to settle the Dispute within 30 days, a party may institute a proper case before the appropriate courts of New South Wales, Australia, to the exclusion of any other courts.
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CORRECTIONS AND DISCLAIMER
There may be information on the Site containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
The Site is provided on an as-is and as-available basis. Using this Site is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with purchasing a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.
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LIMITATIONS OF LIABILITY
Since we and the Site merely acts as a bridge between software developers and clients to mediate the knowledge gap between product managers and software teams, with quality checks, payment release systems, and a standard for measuring code: (i) we are not the representative of either of the Software Developer or the Client; (ii) we are not liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from disagreements between the Developer and the Client.
Additionally, we or our owner, directors, principals, employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will, at all times, be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain Australian laws and international laws in other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
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INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of this Terms of Use; (3) any breach of your representations and warranties set forth in this Terms of Use; (4) any breach of the rights of a third party; or (5) any willful harmful act toward any other user of the Site with whom you connected via the Site.
We reserve the right, at your expense, to assume the defense and control of any matter exclusively for which you are required to indemnify us. In these instances, you agree to cooperate, at your expense, with our defense. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to electronic signatures, contracts, orders, and other records, as well as to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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MISCELLANEOUS
This Terms of Use and any policies or operating rules posted by us on the Site or regarding the Site constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Terms of Use shall not operate as a waiver. This Terms of Use operates to the fullest extent permissible by law.
We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Suppose any provision or part of a provision of this Terms of Use is determined to be unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from this Terms of Use and does not affect the validity and enforceability of any remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and us due to your agreement to be bound by this Terms of Use or use of the Site. You agree that this Terms of Use will not be construed against us under having drafted them. You hereby waive any defenses you may have based on the electronic form of this Terms of Use and the lack of signing by the parties hereto to execute this Terms of Use.
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CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
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