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Terms Of Service

Last updated: 19/03/2021

This website is owned by JCards. These terms and conditions govern your access to and use of all JCards owned and operated websites, software programs, and any mobile applications made available by JCards for download. By accessing this website or by downloading and/or using a JCards program and/or mobile app you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions then you should not use this website or programs or download and/or use our mobile applications.

1. Definitions

  1. "Site" or "JCards Site" means the JCards website, jcards.com.au.au, or any other such website that may supersede it in the future.

  2. "we", "us" or "our" means JCards.

  3. JCards" means the Company, any holding company or companies for the time being of the Company and any subsidiary or subsidiaries for the time being of the Company or of any such holding company or companies

  4. "JCards Software" or "Software" or "Service/s" means all and any software as developed by JCards, including but not limited to the Site, cloud-based software and mobile applications.

  5. "Fees" means all fees payable to JCards including but not limited to subscription fees, training fees, licensing fees, or service based fees.

  6. "User/s" means any person/s who makes use of any JCards Software or the JCards Site. "You" or "Your" means User.

  7. "Documentation" means any and all proprietary documentation made available to you by JCards for use with the Licensed Software, including any documentation available online.

1.8 "Confidential Information" means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:

  1. information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and
  2. information developed independently by a party.

1.9 "Force Majeure Event" means any event beyond the control of the relevant party.

1.10 "Intellectual Property Rights" means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

1.11 "Moral Rights" has the meaning given under the Copyright Act 1994 and includes any similar rights existing in other countries.

Unless the context requires otherwise –

a) a reference to a person includes a corporation or any other legal entity;

b) the singular includes the plural and vice versa;

c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;

d) the term "includes" (or any similar term) means "includes without limitation"; and

e) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

2. Acknowledge and Acceptance of Terms of Service

Your access to, use of, linking to the JCards Site, use of Software or use of content on the Site is confirmation that you have understood these general terms and conditions of access and use and constitutes your agreement to be bound by them. You also agree to be bound by JCards' Privacy Policy which is located at https://Jcards.com.au/privacy-policy/.

If you do not agree to these terms and conditions then you should not use this website or programs or download and/or use our mobile applications.

JCards reserves the right to amend the Terms at any time and Users are deemed to be aware of and bound by the amendments to the Terms upon publication on the JCards Site. Accordingly, we recommend that you review the Terms periodically and before giving or confirming to JCards any personal information. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

3. Description of Services

We make various services available on this site including, but not limited to, time and attendance tracking, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a phone, computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.

Any new features that augment or enhance the then-current Services on this site shall also be subject to these Terms of Service

4. Registration Data and Privacy

In order to access some of the Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service

5. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

6. Account Fees

It is the User's responsibility to make payments for Fees in a timely manner.

All subscription fees are due in advance and can change at any time. If you set up an auto-payment account with us for your subscription, we will automatically charge it to pay for your subscription. We will continue to charge the payment account you provided to pay for the subscription until your service ends or you choose a different payment account. Once you place your payment account on file with us, we may receive automatic updates of that account information from the financial institution to keep our information current. If you do not create an auto-payment account, you must provide us with payment manually in advance for your subscriptions.

If you fail to pay in advance, we may terminate or suspend your subscription services as further described in Section 16 (Termination of Use).

Pre-paid accounts will be billed monthly in advance on the first day of your billing cycle and are non-refundable.

Your billing cycle will depend on your signup date. In certain cases we can offer, at our sole discretion, the option to pro-rate your bill to adjust your billing cycle to a different recurring monthly date. Please contact accounts@jcards.com.au to see if this change can be made to your account.

JCards is an Australian business and all transactions will be billed in Australian dollars (AUD) unless otherwise stated.

We have arranged for Stripe to collect your funds due to you from the selling of your goods and services via JCards. By using JCards and accepting the funds collected on your behalf by Stripe, you agree to the terms of Stripe's Usage Agreement.

7. Advertised Prices

Advertised prices are in Australian dollars (AUD). All monetary amounts on the website are in AUD, unless expressed otherwise.

All advertised subscription fees are exclusive of all taxes, (including without limitation GST), and you shall be responsible for payment of all such taxes.

8. Account Changes, Upgrades, Plan Adjustments

We may adjust rate plans or billing from time to time upon 30 days' notice; depending on how you use the service, these changes may or may not be to your benefit. You shall be deemed to have accepted any changes made by us if you continue to use your Services after such changes are effective with no additional action or agreement required. Notice is deemed to have been given upon new pricing plan(s) being published on our website or when we send you an email notifying you of such change. When our service is priced in multiple tiers, your account will be placed in the tier which encompasses the majority of features available in your current service.

Should you require additional Users they may be added at any time during the course of your billing cycle. They will immediately be billed to your account regardless of when they were added relative to your billing cycle. They will be billed as with other Users in the next billing cycle. For example: if a new User is added to your account 3 days before the end of your billing cycle then that User will be billed immediately upon being added and also again 3 days following when the new billing cycle begins.

Any Users that are archived on JCards Software at the time of a new billing cycle will be billed together with all active Users. Only Users that are Archived and then Deleted prior to a billing cycle will not be billed.

NOTE: We will not discount, credit, or refund unused or archived Users.

9. Free Trials

If a User only uses JCards Services available for free on its webpage ("Free Trial"), JCards will not charge the User any Fees for use of such Free Services or download, installation, or use of the Software associated with the Free Services. The User may discontinue using the Free Services at any time but must immediately remove any Software from its devices.

Free accounts are subject to cancellation at any time. A valid credit card is required to activate your account upon the expiration of your free trial.

10. Cancellation and Refunds

You can cancel your account with JCards at any time by contacting JCards by phone +61 8 62459857 or by sending an email to accounts@jcards.com.au.

Note that your cancellation request will not take effect until we have confirmed the cancellation of your account in writing. Once confirmed, your cancellation will take effect at the end of your current billing cycle. You will not be charged again after the billing cycle in which the Service was cancelled has completed.

Refunds may be given at the discretion of JCards. Please notify us in writing to accounts@jcards.com.au for accidental additional Users. All overcharges, mis-charges and or credit bought in advance will not be refunded but used as credits for future JCards services. Any credit purchased is non-transferable.

All of your content may be deleted upon cancellation. This information cannot be recovered once your account is cancelled.

11. Ownership of Content on the JCards Site

The material displayed on the JCards Site, including without limitation, all real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the JCards Site ("Content") are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content are owned, licensed or controlled by JCards or the party credited.

12. Access To and Use Of Content of the JCards Software

JCards Responsibilities

Subject to and conditioned on the User's payment of Fees (except for the User entering a free trial version) and full compliance with this Agreement JCards shall;

  1. Use commercially reasonable efforts to make the Software available at all times, except for planned downtime and any unavailability caused by force majeure circumstances (e.g., fires, floods, acts of God, acts of government, civil unrest, Internet service provider failures or delays, denial of service attacks, etc.).
  2. Provide the Software only in accordance with applicable laws and government regulations.
  3. Maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Data.
  4. Comply with its Privacy Policy, which is incorporated by reference into this Agreement.

User Responsibilities

Users shall;

  1. Be responsible for its (and as applicable, its personnel's) compliance with this Agreement.
  2. use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify JCards immediately of any such unauthorized access and/or use of which User becomes aware.
  3. Use the Services in accordance with the Documentation, applicable laws and government regulations and as explicitly set forth in this Agreement. User will cooperate with JCards in connection with the performance of this Agreement as may be necessary, which may include making available such personnel and information as may be reasonably required to provide the Services or support. The User is solely responsible for determining whether the Services are sufficient for its purposes, including, but not limited to, whether the Services satisfy User's legal and/or regulatory requirements.
  4. Be solely responsible for the accuracy, integrity and legality of any content or data, including personal data as this term is defined in the applicable data protection laws, submitted by or on behalf of User to the Services and the output of the Services that incorporates such content or data or is otherwise specific to User ("User Data"). User shall not provide any infringing, offensive, fraudulent, or illegal User Data in connection with the Services, and User represents and warrants that any content it provides will not violate the intellectual property or data protection rights, among other rights, of any User or third party.
  5. Grants JCards a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of, and perform and display in User's account the User Data solely to the extent necessary to provide the Services to User. Further, JCards may periodically access User's account and User Data to improve, support, and operate the Services (e.g., for quality assurance, benchmarking, technical support, or billing purposes).

Users shall not;

  1. Make the Service available to any third party.
  2. Interfere with or disrupt the integrity or performance of the Service or any third-party data contained on the Service, including, as applicable, the third-party data of User's employees;
  3. Access or use the Software in any manner that could damage, disable, overburden, or impair any JCards accounts, programs, computer systems or networks.
  4. Attempt to gain unauthorised access to any parts of the Software or any JCards accounts, programs, computer systems or networks.
  5. Interfere or attempt to interfere with the proper working of the Software or any JCards accounts, programs, computer systems or networks.
  6. Use any robot, spider, scraper or other automated means to access the Software or any JCards accounts, programs computer systems or networks without express written permission from JCard
  7. Permit any Users or any third party to: reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services, Software, hardware tokens, or any data related to the Services (except to the extent such prohibition is contrary to applicable law that cannot be excluded by the agreement of the Parties); modify, translate, or create derivative works based on the Services or Software; share, rent, lease, loan, resell, sublicense, distribute, use, or otherwise transfer the Services or Software for time-sharing or service bureau purposes or for any purpose other than its own use or build a competitive product or service.

It is prohibited to link directly to individual resources on JCards servers without prior written consent. Framing of any Content available through the Site without JCards' prior written consent is also prohibited. JCards reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the Site.

These Terms do not grant you a licence under any patent, trademark or copyright of JCards or any third party.

JCards and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of User conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized Users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services.

13. Location Based Services

Some of the Services contain optional location tracking allowing the determination of Users' locations at the time of clock in and while clocked on. JCards offers location services by a variety of means, each with varying levels of accuracy and trade off. You accept that the service accuracy of the location information can vary depending on the User's situation, i.e. city versus country location, obstructions such as high rise buildings, trees, lifts and tunnels, and generally areas offering low reception or low visibility to GPS. It is up to you to inform your employees and/or other registered Users as required by local laws/regulations that their location may be tracked, and to ensure their Users are appropriately informed on how to use the system. You agree that the use of any location information should only be used for locating employees and/or other registered Users and shall not be used for any other purpose.

When enabled, location information is obtained and attached to clock in and out events.

Additionally, when using location tracking service with our app, adhoc location lookups can possibly be performed when a User is clocked in. This data is also attached to the relevant clock event.

A User may disable location tracking within their mobile phone at any time by deauthorizing access to the phone's location services for the JCards app specifically, or system wide for all apps. The process to do so is device-specific; please consult your device's operating system manual for the proper procedure to deauthorize or limit an app's access.

For the avoidance of doubt location tracking will not occur when the User is clocked out of the Service.

14. Third Party Websites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including Users, advertisers, affiliates and sponsors of the Site. JCards is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.

15. No Unlawful or Prohibited Use

You agree not to use the JCards Software or Content provided on or through the Site or Software for any purpose that is unlawful or prohibited by these Terms of Service.

16. Termination of Use

JCards may, in its sole discretion, at any time discontinue providing or limit access to the Software, any areas of the Software or Content provided on or through the Site. You agree that JCards may, in its sole discretion, at any time, terminate or limit your access to or use of the Software or any Content.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

No refund of Fees shall be due in any amount on account of termination by JCards pursuant to this Section 16.

17. Disclaimer of Warranties

The JCards Software, and all content provided on or through the Software, are provided on an "as is" and "as available" basis. JCards expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Software and all Content provided.

JCards makes no warranty that: the Software or Content will meet your requirements; the Software will be available on an uninterrupted error-free basis; the quality of any purchases or transactions made through the Software will meet your expectations.

Any content accessed, downloaded or otherwise obtained on or through the use of the JCards Software is used at your own discretion and risk. JCards shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.

JCards reserves the right to make changes or updates to, and monitor the use of the JCards Software and Content provided on or through the Site at any time without notice.

For the avoidance of doubt we make no warranty that;

  • THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS
  • THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, ERRORS IN CALCULATIONS OR ALGORITHM OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

18. Limitation of Liability

To the full extent permitted by law, JCards excludes all liability in respect of any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, the JCards Software or any Content provided on or through the Software.
To the full extent permitted by law, JCards excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of JCards shall not exceed an amount corresponding to your monthly Fee.

This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. For the avoidance of doubt JCards does not exclude liability which cannot be excluded under the competition and consumer act 2010 (CTH) of Australia.

19. Indemnity

You agree to indemnify and hold harmless JCards, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, due to or arising out of your use or misuse of the Software.

20. Intellectual Property Rights

Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.

You acknowledge that JCards owns all Intellectual Property Rights in the Software.

You must not directly or indirectly do anything that would or might invalidate or put in dispute the JCards title in the Software or any of the JCards registered or unregistered Trademarks.

You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of our Services without our written permission. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of JCards or its Affiliates.

21. Confidentiality

CONFIDENTIAL INFORMATION

  1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The User's Confidential Information shall include Data; JCards Confidential Information shall include the Service; any information reasonably requested by JCards with respect to Users's use and experience with the Service, including any issues or suggestions related to such use and experience; and information relating to the performance, reliability or stability of the Service, operation of the Service, or know-how, techniques, processes, ideas, algorithms, and software design and architecture of the Service; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Data) shall not include any information that (I) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (II) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (III) is received from a third party without breach of any obligation owed to the Disclosing Party, or (IV) was independently developed by the Receiving Party.

  2. Protection of Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (I) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (II) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any order form to any third party other than its affiliates and their legal counsel and accountants without the other party's prior written consent.

  3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

  4. Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's Confidential Information whilst it is in the receiving party's possession or control.

  5. Each party must return, or at the other party's option destroy, all Confidential Information of the disclosing party in the receiving party's possession or control, on the earlier of JCards' request or on termination of this Agreement for any reason.

22. Governing Law and Jurisdiction

The use of the JCards Software and these Terms shall be governed by the laws of Australia and Users submit to the exclusive jurisdiction of the courts of Australia.

23. Media Content Ownership

You own all of the content and information you add to your JCards account.

For content that is covered by intellectual property rights, such as but not limited to documents, photos and videos (IP Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you upload, add or include on your account. This grant ends when you delete your IP content or close your account with JCards.

When you delete IP Content, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

24. General

You must not assign, sub-licence or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of JCards.
Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement will remain in full force and effect.

.
Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreement. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.

A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.

Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party's performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.

You agree to JCards processing your data in order to provide its service to you.

You must be over 13 years of age and a real person (human) to use this site. Accounts registered by bots or other automated methods are not permitted.

25. Deletion of Data

After subscription cancellation and 30 days of account inactivity, your data may be deleted.

Deletion is irreversible and data is unrecoverable following this period.

26. Contacting JCards

You can contact JCards internationally via email at support@jcards.com.au.au
or via phone +61 8 62459857