SalesPreso - Subscriber Terms and Conditions : Last updated 21 January 2020
SalesPreso Pty Ltd ACN 161 078 208 (‘SalesPreso’, ‘we’, ‘our’ and ‘us’) owns and operates the Website, the App and provides the Services. These Terms apply to any person who establishes a Subscription Account with us, downloads the App and uses the Services (‘Subscriber’, ‘you’ and ‘your’).
By creating a Subscription Account, downloading the App or using the Services or accessing or using the Website or a Subscription Account, you agree to be bound by these Terms.
About these Terms
You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
Should you object to any of our Terms or other notices on the Website or through the App your sole option is to immediately cease your use of the Website, the App and Services.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.
In order to become a Subscriber to SalesPreso’s App you must complete all the details in the subscription form in accordance with the instructions on the Website. Subscriptions can either be done on a monthly or annual basis. Subscribers will need to provide, amongst other information, their personal and company details, e-mail address, any Third Party Content account credentials that are required to be linked to the App and credit card information.
Upon acceptance of the subscription by us, your Subscription Account will be created and you will be able to use the App and Services. We may refuse to accept the subscription request of any person or company without giving a reason for such refusal.
You continuously represent and warrant to us that persons and End Users accessing the SalesPreso App to which you have subscribed and Services on your behalf are authorised to do so.
Your Subscription to our SalesPreso App service may start with a 14-day free trial, which will generally be available for new Subscribers who have not previously subscribed to try our services. Free trial eligibility is determined by SalesPreso at our sole discretion and we may limit eligibility to prevent abuse of the process, including reserving the right to revoke any free trials we deem are abusing the process.
The free trial will commence once the Subscriber has successfully completed the sign up process. 48 hours prior to the end of the free trial, we will send you a notification reminding you that the billing commencement date will begin. You will need to opt out of our Service, by terminating your account, if you do not wish to commence payment. If you do not cancel, and the free trial period lapses, you will be charged in accordance with your Subscription Account payment plan.
You acknowledge and agree that in collecting, soliciting, holding, using and/or disclosing personal information as part of your use of the App and Services, you are responsible for complying with Privacy Laws at all times.
You must ensure that at all relevant times you hold all Privacy Approvals required to permit us to provide the Services (including, without limitation, permission from your clients and customers to store their personal information on databases that we host for you or Third Party Content that we need to access in order to provide you the Services). You must inform us as soon as you become aware that you do not hold any such Privacy Approvals.
You acknowledge and agree that we will rely on any representation made by you that you have a Privacy Approval in respect of a person without undertaking our own enquiries as to whether the Privacy Approval has in fact been given or is adequate for the purposes for which the Privacy Approval is required.
We may use your business name and logo for the purpose of identifying you as an existing or past customer of ours on our Website, in the App, in the Services and in marketing, advertising and promotional materials.
Attention: Privacy Officer
SalesPreso Pty Ltd
Post: lvl 2, 16 Harvey Street, Richmond VIC 3121
Phone: 1800 202 101
You acknowledge and agree that you are responsible for maintaining the security of your Subscription Account and your password and all activity that occurs under your Subscription Account.
Fees and payment
You agree to pay all applicable fees and charges specified by us (including any third party fees and charges), late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Subscription Account.
By providing us (or our third party payment gateway providers) with the details of your valid credit or debit card (‘Card’), you authorise us (or our providers) to charge your Card on each payment date for all fees incurred during that time and in relation to your Subscription Account.
At the end of each payment period and following receipt of payment, we will automatically renew your Subscription Account.
Fees and charges may be subject to change (which change may be effective immediately) and will apply to all transactions made on or after the date the change is effective.
To the extent permitted by law our fees and charges are non-refundable.
Unless expressly stated otherwise, all fees and charges are GST exclusive.
Termination by Us due to no Access to Third Party Content
We may suspend or terminate your right to use or access all or any part of the App and Services at any time if our access to Third Party Content is terminated, suspended or cancelled.
Termination by You
You may terminate your Subscription Account (and, consequently, the access of all End Users) at any time by cancelling your Subscription under Settings in the App.
On termination you will not receive a refund of any fees, charges or other amounts already paid to us, unless you have terminated as a result of us changing these Terms in a way that has a materially detrimental effect on you. In that case:
• you must notify us email@example.com within 30 days following the date of the change to these Terms about the relevant change to these Terms; then
• your termination will take effect on the date of the change to these Terms; and
• we will issue to you a pro-rata refund of the amount already paid to us to the extent the amount relates to a period following the date of the change to these Terms.
Failure to pay any amount owing to SalesPreso by the due date for such payment shall, without limiting any of SalesPreso’s rights, constitute termination by you of your Subscription Account.
Survival of terms
All provisions of these Terms that by their nature should survive termination of your access to the App or Services and/or closure of your Subscription Account (or the closure of your Linked Accounts) shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
You indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us directly or indirectly arising out of or in connection with:
• any breach or non-observance of any of these Terms (including without limitation the End User Licence Agreement) by you or any End Users;
• any breach of a warranty or representation contained in these Terms by you or any End Users;
• any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties by you or any End Users;
• any claim made against us by any party, arising out of or in connection with any breach of these Terms or other act or omission by you or any End Users relating to the App, the Services or the Third Party Content; and
• any person’s reliance on representations you or any End Users make via the App or Services or any Third Party Content.
In these Terms:
• ‘App’ means the software application developed and owned by Salespreso to transfer Third Party Content to and from external data providers, present that data in a user friendly format and provide a digital audit trail of the persons who access, read and otherwise interact with that data;
• ‘End User’ means any person who uses the App or any of the Services through your Subscription Account, and any person who accesses or uses the App or any of the Services on behalf of the End User;
• ‘Privacy Approval’ means any consent, authorisation or approval required under a Privacy Law for the purposes of us providing the Services;
• ‘Privacy Law’ means the Privacy Act 1988 (Cth) and any other law that applies to the collection, use, disclosure or handling of information (including health records) about individuals (including a law of a State or Territory relating to health records or privacy);
• ‘Registration’ means registration as a Subscriber in accordance with the End User Agreement and these Terms;
• ‘Services’ means access to and use of the App, including in particular the integration of the App with Third Party Content, external services and specified data providers, as well as the various functions and features made available on the App (as varied by us from time to time), and all other services made available by us on or through the App or otherwise; and
• ‘Subscription Account’ means an account established with us by a Subscriber, through the Website or otherwise, pursuant to these Terms;
• ‘Third Party Content’ means web sites, platforms, content, data, products, services and information of other parties including content provided to us by links to sites owned by other parties;
• ‘Website’ means the website located at www.livepreso.com including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets.