Terms of Use

Welcome to Docketbook, an online service for the exchange of dockets (transactions) between suppliers and customers. These Terms of Service (“Terms”) explain Our obligations as a service provider and Your obligations as a customer. We ask that You read them carefully. They apply to the use of the service. By using any element of the Service, You indicate that You have read, understood and agree to be bound by these Terms. They apply to You from the time You commence to use the Service.

If You are an individual accepting these Terms on behalf of a company or other entity, then You are binding the company or other entity to these Terms and You represent and warrant that You have authority to do so.

We reserve the right to update these Terms over time. We will endeavour to communicate these changes to You by email or alternatively by notification via the Website. It is Your obligation to ensure that you have read, fully understood and agree to the latest Terms on the Website and your continued use of the Service will be deemed as acceptance of any updated Terms.

The Terms were last updated on May 22nd 2017.

1. Definitions

2. Interpretation

2.1. In This Agreement

Unless the contrary intention appears:

3. Use of the Service

3.1. Use

Subject to these Terms, We grant you the non-exclusive and non-transferrable right to access and use the Service for Your internal business purposes in accordance with Our standard user documentation. This includes the right to download and use the Service on devices that You own or control. These rights are non-exclusive, non-transferable and are not able to be sub-licensed. You must not rent, lease, reproduce, modify, or create derivative works of, the Service. You must not reverse engineer, disassemble, decompile or translate the Service or attempt to derive the source code of the Service, publicly disseminate information regarding the performance of the Service, access the Service to build a competitive product or service, submit any viruses, or other harmful codes to the Service or seek information or data of other Docketbook customers.

3.2. User Management

As the Subscriber and representative for an Invited User, You acknowledge that You:

3.3. Dispute

If there is any dispute between You, a User, or an Invited User, You will retain control and be responsible for Your use of the Service and for payment of the of the Docketbook Subscription Fees.

3.4. Reasonable Usage Limits

Use of the Service may be subject to limitations to the number of monthly transaction volumes and number of calls to the Docketbook Application Programming Interface and any other limitations as may be advised by Us to You from time-to-time.

3.5. Beta Releases

Certain features of the Service may be made available to You on a “Beta” basis (“Beta Releases”). If You choose to use a Beta Release, You acknowledge that the Beta Release may not be complete or fully functional and may contain bugs, errors, omissions and other problems and that We do not guarantee that future versions of a Beta Release will be made available under these Terms or otherwise.

4. Your Obligations

4.1. Lawful Purposes

You must only use the Service for Your own lawful internal business purposes, in accordance with these Terms. You may use the Service on behalf of others or in order to provide the Service 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, Service is provided comply with and accept all these Terms.

4.2. Usernames and Passwords

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Us of any unauthorised use of Your account or any other breach of security.

4.3. Payment

4.4. Trial Users

If We have granted You a Trial Plan, You may use the Service solely in accordance with the terms of that Trial Plan to determine whether subscribe to the Service.

5. Intellectual Property

5.1. Right, Title and Interest

6. Subscriber Data

6.1. Liability of Subscriber Data

We take no responsibility and assume no liability for any Subscriber Data, and You are solely responsible for Subscriber Data and the consequences of its use.

6.2. Indemnity

You must indemnify Us and hold Us (and Our affiliates and Our respective employees, agents, officers, directors and customers) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of or in connection with the Subscriber Data.

6.3. Use of Subscriber Data

You grant Us a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, or create derivative works of and modify any Subscriber Data in order to provide the Service to You and otherwise to operate, improve and maintain the Service, including Our distribution of dockets containing Subscriber Data to the recipients designated by You through the Service. We may use the services of subcontractors to provide the Service and permit them to exercise Our rights to Subscriber Data.

6.4. Storage of Subscriber Data

You must maintain backups of all Subscriber Data inputted into the Service. We follow Our best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but We do not give any assurances that there will be no loss of Subscriber Data. We expressly exclude liability for any loss of Subscriber Data irrespective of how it was caused.

6.5. Aggregated Data

In addition to Our other rights above, We may aggregate Subscriber Data with other data so that the results are non-personally identifiable to You and We may collect anonymous technical and other data about Your use of the Service (“Aggregated Data”). We own all the Aggregated Data and We may use the Aggregated Data for Our marketing, reporting and other lawful business purposes.

7. Confidentiality and Privacy

7.1. Confidentiality

Unless one party has the prior written consent of the other, or unless required to do so by law:-

7.2. Privacy

Docketbook maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at www.docketbook.com.au/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

8. Limitation of Liability

8.1. Exclusions and Disclaimer

To the maximum extent permitted by law, the Service is provided ‘as is’ and We:-

8.2. No Assurances

To the maximum extent permitted by law, We do not give you any assurances that the Service will be suitable for your purposes or that it will be error-free, that access will be continuous and uninterrupted, that any information provided or used with the Service will be secure, accurate, complete or timely or that any Subscriber Data will be preserved or maintained without loss. You agree that You will not rely on any such information or its availability and that any such reliance You make will be based on Your own independent assessments with the aid of qualified, independent advice.

8.3. Our Negligence or Failure

If You suffer loss or damage as a result of Our negligence or failure to comply with these Terms, and the exclusion and disclaimer referred to in clauses 8.2(a) - (c) are held to be invalid, unenforceable, or in conflict with the law, any claim by You against Us arising from Our negligence or failure will be limited in respect of any one incident or series of connected incidents to the fees paid by You in the previous six (6) months.

8.4. Termination of Service

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these terms in accordance with clause 10.1.

9. Acknowledgements

9.1. Authority

9.2. 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 Website or these Terms.

10. Termination

10.1. Termination by You

You may terminate the Agreement and the Service at any time by giving Us a minimum of twenty (20) Business Days’ notice and in the event of termination by You we will not provide any refund for any remaining prepaid Docketbook Subscription Fees.

10.2. Termination or Suspension by Us

We may terminate or suspend this Agreement:-

10.3. Effect of Termination

Upon termination of these Terms, Your right to use the Service will automatically terminate and You must cease using the Service and delete any software relevant to the Service. Following termination, You will have no further access to any Subscriber Data in the Service and We may delete all Subscriber Data in Our possession at any time unless prohibited by applicable law and You must delete all Confidential Information (or return it to Us) upon any termination of these Terms or on request by Us.

10.4. Survival of Clauses

The following clauses will survive termination: Clauses 2 – 8 and 11.

11. General

11.1 Entire Agreement

This Agreement constitutes the entire agreement between You and Us and supersede any prior agreements, representations (written and oral) and understandings.

11.2. Severability

If any part or provision of these Terms is held invalid, unenforceable, or in conflict with the law that part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

11.3. Waiver

If We waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. A waiver on one occasion does not mean that such breach will be automatically waived on any other occasion. No waiver will be effective unless made in writing.

11.4. Assignment

You may not assign or transfer these Terms or any rights within to any other person without Our prior written consent.

11.5. Notices

Any notice given under these Terms by one party to the other must be in writing and sent by email and will be deemed to have been given on transmission. Notices to Us must be sent to support@docketbook.io or to any other email address notified by email to You by Us. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

11.6. Publicity

By entering into this Agreement You authorise Us to use Your name, logos and marks on Our customer lists and marketing materials.

11.7. Force Majeure Event

Notwithstanding any other provision of this Agreement, we will not be liable to You in any way whatsoever for any failure or delay in performance of any of Our obligations under these Terms arising out of a Force Majeure Event.

11.8. Governing Law

Australian law governs this Agreement and You agree to submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with it.