Terms of Service

By registering for the Service, you agree to be bound by the Terms of Service set out here by Unicornis Pty Ltd, a company duly incorporated in Australia (“Company”) and provides the Sequence CRM Software as a Service (“Service”) and Sequence CRM Platform (“Platform”)

The Company reserves the right to update and change the Terms from time to time on 30 days’ notice. By continuing to access the Service, after this notice period expires, you agree to be bound by the updated or changed Terms. Any new features that augment or enhance the current Service and/or Platform, including the release of new tools, features, URLs, and Apps, shall be subject to the Terms.

Please also read our privacy policy and refunds policy (available separately during registration or sign up) because it will apply to all the information you provide to us and forms part of the Terms. By accepting the Terms, you also accept our privacy policy and refunds policy. If you do not agree to be bound by the Terms, you must not use any part of the Platform and Service.

1. Definitions

“Confidential Information” – includes all information exchanged between you and Company, whether in writing, electronically or orally, including the Service and Platform but does not include information which is, or becomes, publicly available other than through unauthorized disclosure.

“Charges” means the charges payable by you in connection with the use of the Service and the Platform, as displayed to you at the time of registration or sign up, or otherwise agreed with you from time to time.

“Data” – means any data inputted by you or with your authority into the Platform.

“Intellectual Property Right” – means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how, software code, databases, eLearning material, support processes, knowledge base and any other intellectual property rights, anywhere in the world whether or not registered.

“Platform” – means our website at tradeportal.sequencecrm.com.au URL or Sequence CRM mobile apps on Google Play Store and Apple App Store or any other website URL or mobile apps used by us from time to time which provide access to the Service.

“Service” – means the online CRM and job management solution services made available (as may be changed or updated from time to time by the Company) via the Platform.

“Terms” – means these Terms of Service.

“Company” – means Unicornis Pty Ltd and all current and future global subsidiaries of Unicornis Pty Ltd. “We”, “us” or “our” have a corresponding meaning.

“You” – means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organization that uses the Service with the authorisation of that person or entity. “Your” has a corresponding meaning.

2. Provision of Service

2.1 During Trial Period

Company will offer a free version of the Platform, for the period defined in the trial period when you register, for the purpose of evaluation only.

Following the trial period, you have no obligation to continue to use the Platform. But if you choose to continue, you will be prompted to set up a monthly ongoing subscription.

We have the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

Usage Limitations

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes, Software, Servers, Hardware, and Network infrastructure availability, and support personnel availability.

2.2 During Ongoing Subscription Period

Company will offer the paid version of the Platform, for one month period as covered by your current month’s paid subscription fee, as defined in our pricing when you register.

You have no obligation to continue to use the Platform and can cancel your ongoing subscription at any time.

We also have the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

Usage Limitations

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes, Software, Servers, Hardware, and Network infrastructure availability, support personnel availability, and your monthly subscription fee payment.

3. Intellectual Property

General

Title to, and all Intellectual Property Rights in the Service, the Platform and any documentation relating to the Service or the Platform remain the property of the Company (or its licensors).

Ownership of Data

Title to, and all Intellectual Property Rights in, the Data remain your property. You grant the Company a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service and for any other purpose related to provision of services to you. If your account is terminated, we will provide an export of your data on request.

Third-party applications and your Data

If you access the functionality, which are dependent on third-party applications use, in conjunction with the Service, you acknowledge that we may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Service. We will not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.

4. Warranties and Acknowledgements

Authority

You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms. You will be responsible for all activities that occur on the Platform under your access credentials or your company’s account. Please take care in adding additional users and setting access permissions, and tell us straight away if you think there has been a security breach.

No warranties

The Company gives no warranty about the Service. Without limiting the foregoing, we do not warrant that the Service will meet your requirements, that it will be suitable for any particular purpose, or that it will be available on an uninterrupted, secure, or error-free basis. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees

You warrant and represent that you are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Platform or these Terms.

Viruses

The Company does not guarantee that the Platform will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or any other means.

5. Limitation of Liability

The Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Service.

The Company will not be responsible for failure to fulfil any obligation if due to an act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo.

In no event will the Company’s aggregate liability arising out of or in connection with the Terms and your use of or inability to use the Platform and Service exceed the Charges you have paid to the Company.

The Company is not responsible for any payments processed (or not processed) between your customers (payers) and you via Stripe.

6. Termination and indemnification

The Company has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

Free or Subscription accounts unpaid for more than 10 days will be regarded as abandoned and may be closed by the Company without saving your data.

Use of the Service may be cancelled by you at any time. Any monthly or yearly charges will not be refunded when you cancel. Any usage since the last charge will be prorated for the portion of the uncharged month which the account was active.

You indemnify the Company against all claims, costs, damage and loss arising from your breach of any of the Terms. You may have to pay the Company for any costs, (including by not limited to) relating to the recovery of any Charges that are due but have not been paid by you.

Clauses 3 to 6 and 12 survive termination.

7. Modification to the Service and Prices

The Company reserves the right at any time to modify or discontinue or sell to a 3rd party, temporarily or permanently, the Service (or any part thereof) with or without notice. Charges are subject to change upon 30 days’ notice from us.

The Company shall not be liable to you or to any third party for any modification, price change, suspension, discontinuance, or sale of the Service.

8. Service Availability

Whilst the Company intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Platform may be unavailable to permit maintenance or other development activity to take place, or for reasons outside our control. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity, typically by email. Please make sure that our email domains (@sequencecrm.com.au) is neither blocked nor marked as spam in your email system.

In some cases the Service may be unavailable due to software bugs, or data entered by you, or the security certificate validity. In these cases we may not be able to provide an advance information / warning.

In some cases due to technical issues or human error, you may experience some data loss. We will use reasonable endeavours to recover your data from backups, but it may not be possible in some cases.

In all cases of services unavailability or data loss, the Company shall not be liable to you or any third party for anything including but not limited to the loss of revenue, business, or creditability.

9. Charges & Payment

The Company charges on a monthly basis or as specified in the terms notified to a user for any additional features or services. Monthly paying subscribers to the Company will be charged monthly automatically via their nominated payment method. The monthly payments will be in advance for the current month.

Any other charging frequency or methods, if needed specifically to suit your organization or additional Services, will be based on our agreed option.

Invoice amounts are due and payable within the period noted on the invoice. If a deduction of the Charges payable is unsuccessful, we have the right to suspend service until full payment has been made. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the unilateral right to cancel any subscriptions resulting from such errors.

The Company is an Australian business. Pricing is in Australian Dollars and exclusive of GST.

10. Refunds

The Company charges on a monthly basis from your subscription start date to a day before same date next month. So, if you started your subscription on 7th October 22, your monthly fee will cover you up to 6th November 22 and monthly renewal payment will be deducted on 7th November 22 again.

If you choose to cancel the subscription before your monthly renewal payment date, there will be no refund. Please notify us in writing to contact@sequencecrm.com.au for accidental renewal within 5 days of monthly renewal date or if you have any difficulty in deactivating your access.

11. Contacting the Company

You can contact the Company via email at contact@sequencecrm.com.au

12. General

Entire agreement

The Terms (including our refund policy and privacy policy) and the terms of any plan you purchase together constitute the entire agreement between you and us relating to the Service, and supersede and replace any prior agreement, arrangement or understanding relating the Service.

Assignment

We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in our absolute discretion.

Governing law

The Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in Australia with respect to any claim or matter arising out of or in connection with the Terms or their termination. Unless we agree otherwise, any dispute arising out of or in connection with the Terms will be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Arbitrators’ and Mediators’ Institute of Australia for the time being in force.

Waiver

No failure or delay by the Company to exercise any right or remedy provided under the Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.

Severability

If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.

The Terms were last updated on 5th October 2022

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