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Our journey begins

Welcome to Subscribility, the ground-breaking wine club, customer marketing and membership fulfilment system tailored towards wineries, microbreweries and distillery. These Terms of Use (the "Terms") explain the obligations of  Subscribility Pty Ltd’s (the "Company") to provide a service and your obligations as a customer (the "Customer").

While the aim for this agreement is to be socially responsible, please read it carefully.

These license Terms are binding on any use of the Subscribility Software Service (the "Service") and apply to You from the time that we provide You with access to the Service.

The Service will continuously evolve over time based on feedback from our customers. As a result, SUBS reserves the right to change these Terms at any time. These will be effective immediately upon the posting of these modified terms to our SUBS website (the Website). It is likely the Terms will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.

By registering to use the Service, You acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Use of the Service - your rights and obligations

SUBS grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to the Terms.

Your right to use the Service under this License will terminate should your monthly subscription payment fail to be processed for any reason other than a failure of the Service. It is your absolute responsibility to ensure valid electronic payment information is maintained in the Service.

You may terminate this agreement at any time for any reason. If that happens, You and Your employees must stop using the Service immediately Your monthly subscription expires.

You must only use the Service and Website for Your own lawful business purposes, in accordance with these Terms and any notice sent by SUBS or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

You acknowledge and agree to determine who is an authorised user of the Service and their level of access to the Service. You are wholly responsible for all use of the Service by your authorised users.

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify SUBS of any unauthorised use of Your passwords or any other breach of security. SUBS will reset Your password and You must take all other actions that SUBS reasonably deems necessary to maintain or enhance the security of SUBS's computing systems and networks and Your access to the Services.

Specifically, You must not:

You agree to indemnify SUBS against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to SUBS, including (but not limited to) any costs relating to the recovery of any monthly subscription fees that are due but have not been paid by You.

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.

It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

Our obligations

The Service is a cloud based system, so all you will require to use the Service is a device with Internet connectivity and a web browser. You do not need to install any software at all. The Service will function properly on smart phones or tablets running Apple iOS, Google Android or Microsoft Windows; and on Apple or Windows based computers.

SUBS does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. SUBS is not in any way responsible for any such interference or prevention of Your access or use of the Services.

SUBS gives no warranty about the Services. Without limiting the foregoing, SUBS does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. 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.

SUBS agrees to make best efforts to address and fix all reported bugs within a reasonable time dependant upon the severity and importance of each reported bug.

Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against SUBS’s application programming interface. Any such limitations will be advised on the Website.

To the maximum extent permitted by law, SUBS excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

If You suffer loss or damage as a result of SUBS's negligence or failure to comply with these Terms, any claim by You against SUBS arising from SUBS's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the monthly subscription fees paid by You in the previous 12 months.

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate the Service.

Provision of the Service under these license Terms shall not create any obligation for SUBS to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Service either to you or to any other party.

Intellectual Property

You agree that the Service is the Intellectual Property of SUBS.

You agree that the Service including all content which forms a part of the Service (but not your data) provided to you by SUBS is the Confidential Proprietary Information of SUBS.

SUBS does not grant any express or implied right to you under SUBS patents, copyrights, trademarks, or trade secret information.

 

Confidentiality

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

Your Data

The data You enter or import into the Service is and remains your intellectual property. Should you choose to terminate the service at any time, SUBS will provide you with an automated tool that will enable you to export and save your data into an industry standard format such as .csv or Excel. SUBS will delete all of Your data from the Service once You have successfully taken possession of Your data.

If You enable third-party applications for use in conjunction with the Service using the standard integrations configuration provided within the Service, You acknowledge that SUBS 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 Services. SUBS shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers.

Security and privacy

The Service is running and your data is stored in the cloud in Australia with a tier one supplier.  This means the Service and your data is and will continue to be highly secure, available and reliable. This IaaS supplier uses best practice data security, the same as that provided by major Australian banks. Your data and our Service is copied and stored across multiple geographic regions by the IaaS supplier and contains a seamless automatic failover which ensures the Service will be available and reliable. In addition, SUBS has implemented a backup regime beyond that provided by the IaaS supplier as an added safeguard in the very unlikely event of an IaaS failure.

SUBS reserves the right to change the IaaS supplier at any time. Any change to the IaaS supplier will have no impact on Your use of the service.

When credit card transactions are processed using the Service, the credit card data will be PCI encrypted by SUBS, stored in encrypted format and passed to a payment gateway for processing. SUBS uses a tier one payment gateway supplier and all financial transactions will be processed by that supplier not SUBS.

All data stored on the Service is governed by the SUBS privacy policy. SUBS values your privacy and that of your customers and will not use such data for any purpose other than the provision of the Service to you.

Governing law and jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of New South Wales, Australia.

Service levels

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting SUBS. If You still need technical help, please check the support FAQ’s provided on the Website by SUBS or failing that email us at support@empireone.com.au. SUBS will make best efforts to rectify all reported technical problems within 24 hours of the time such problems are verified by SUBS support staff.

Whilst SUBS intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit urgent maintenance or other critical development activity to take place. If for any reason SUBS has to interrupt the Service for longer periods than SUBS would normally expect, SUBS will use reasonable endeavours to publish in advance details of such activity on the Website.

Fees and payments

You agree to pay in advance the monthly subscription fee in accordance with the fee schedule set out on the Website (which SUBS may change from time to time with notice to You). This fee will allow you to use the Service subject to these license Terms and any terms set out on the Website.

If you make use of the optional shared payment gateway provided by the Service, You will be liable for the payment gateway transaction fees for Your customer transactions only. Because this payment gateway may be shared by many users of the Service, a volume discount may become available to all users of the payment gateway. In this case the full volume discount will be passed on to all eligible users of the Service by SUBS.  YOU may also be liable for other fees depending upon YOUR use of the system. These fees may include shipping carrier fees and SMS fees. Other fees may also apply as new services are offered in the future. An all cases the fees YOU you may be liable for will be original fees charged by the service provider less any volume discount SUBS attracts.

All payments processed for your customers through the shared payment gateway will be transferred to your nominated bank account within 48 hours of the date and time of the original transaction