Retainoo – Terms and conditions of Use
Use of our online software, our website, our smart phone application, and any other products or services with all the features we offer listed on our website www.retainoo.com (“Services“) are subject to the following Terms of Service (“Terms“)
Basic Terms and Conditions
- These Terms and Conditions supersede any prior agreements, discussions and understanding.
- Retainoo reserves the right to add, remove or change these Terms from time to time without any notice.
- Retainoo provides Services to customers whose principal place of business is in any country. It is the responsibility of the customer/subscriber to ensure the product and services offered by Retainoo are fit for their purpose of use. As our customer, you accept that features and functions may differ between countries and that features designed for one country may not be suitable for another.
- If there are changes to our pricing model in the ways we generate revenue from selling this service, or an associated service, it will be effective at least 21 days from general publishing on this resource. Use of the service after that date constitutes acceptance of the amended Terms and Conditions.
- These Terms are governed by the laws of Victoria, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State and Country
- By accepting these Terms, you enter into a legal binding agreement with Retainoo which is effective from the moment you accept these terms to start a free trial or a paid subscription to our Service.
- If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and Retainoo are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
- This Agreement applies to any use of the Service, whether in connection with a paid subscription or a free trial.
- This Agreement does not apply to use of the Retainoo smart phone App. The Retainoo smart phone App has a separate User Agreement which is accessible through the app specifically for the entity using the App and the associated features.
- Access Authority – means the Subscriber and/or individual who prescribes levels of access to your Retainoo Online Account and where the Subscriber has made available to those individuals the Username, Password and Company-ID to allow them access for data entry, viewing data or obtaining reports.
- Services – means the Retainoo software platform including the web and phone App and associated services accessed via the Retainoo website, and your ‘ Retainoo business portal’ setup by Retainoo specifically to access data and services associated to your own entity, by Registration as a User and by signing on for use using Access Authority.
- Password – means a confidential alphanumeric, which when used with other Access Authority information, gives access to Services
- User – means any person you nominate (if you choose to do so), from time to time, via your Retainoo business portal, or via email to Retainoo to use the services available through the Retainoo web or smart phone App designed for You.
- We, us and/or our – means Retainoo and its subsidiaries.
- You and/or your – means the Subscriber to the Services and includes a User when applicable.
- Your customers – means your business customers, clients or entities associated directly or indirectly with you
- Retainoo Logo’s – means any logo, brand, trademark, image or other material we provide containing the Retainoo and all other associated trademarks, trading names, URL’s be they registered or otherwise.
- Add-on – Widgets, Plug-ins, Web Applications, Software, Components, Integration, Integrator, Connector and/or any other technology that communicates, interacts or embeds Retainoo or is embedded in Retainoo.
- Retainoo business portal – means your personalised Retainoo business portal accessible via valid login credentials provided to you via email by Retainoo upon subscription of Service
- Retainoo App – means Retainoo smart phone application for use by you and your customers
- You must provide all equipment necessary to make a connection to the Internet and pay any service fees to providers for access.
- After gaining access to the Internet, you must obtain access to and pay for the use of Services. This is accomplished by registering as a Retainoo subscriber or by using any Username on the site provided by us or any third party.
Our software will meet the uptime requirements described as:
2.1 Access and Service Levels
Retainoo will make the Services to which you have subscribed available to you, subject to the terms and conditions of this Agreement. During the Subscription Term, the Software Services will meet the service levels specified in the Service Level Agreement (“SLA”) located at https://www.retainoo.com/service-level-agreement (or such other URL as specified by Retainoo), as may be updated by Retainoo from time to time.
We may temporarily suspend your access for things like scheduled maintenance, or if a natural disaster occurs. We may also change or discontinue particular features or functions of our Services at any time with a notice of 2 weeks.
2.2 Changes to Services
Notwithstanding Section 2.1, in addition to our rights set forth in Section 8.4, we reserve the right to suspend any Services (a) during planned downtime as provided in the SLA, (b) in connection with a Force Majeure event (as described in Section 14.9), or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time. If we make any material changes to the Software Service, we’ll notify you within the Software Service or by sending you an email. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services.
We aren’t responsible for any third party products that are integrated with or used in connection with the Services.
2.3 Third Party Offerings
Although the Services may allow you to access or use Third Party Offerings (any reading content, advertising material and any other service not created by Retainoo), they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third Party Offerings through the Services does not imply Retainoo’s endorsement of or affiliation with the provider. Retainoo does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. Retainoo has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting Retainoo to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).
Your chosen package plan lists the services and features you have access to. You may downgrade or upgrade your service as per package options available on Retainoo’s website under ‘Pricing’ section.
2.4 Support Services
As part of the Services you will have access to Retainoo’s support services by contacting Retainoo at https://www.retainoo.com/support/ (or such other URL or contact number specified by Retainoo), as may be updated by Retainoo from time to time.
This describes how we leverage our optional marketing services to drive business to you. Participation in marketing services is voluntary, and you may sign up through our software. If you choose to participate, you agree to pay any related fees.
2.5 Marketing Services
When you subscribe to our Software Service, your business will automatically be listed on Retainoo’s platform, which allows consumers to locate Retainoo’s subscribers and search, evaluate, review, connect and book their services, directly through the Retainoo App and Retainoo’s Salons Portal and through our partner applications. From time to time, Retainoo may offer subscribers the opportunity to participate in marketing services programs (“Marketing Services”), which are designed to promote their businesses and attract customers through the Retainoo Platform. To enrol in Marketing Services, you must review and agree to the applicable Marketing Services terms and conditions accessible at https://www.retainoo.com/terms-of-service or such other URL as specified by RETAINOO) (“Marketing Services Terms”). RETAINOO reserves the right to charge fees for Marketing Services in accordance with the Marketing Services Terms. If you enrol in Marketing Services, you agree to pay all applicable fees for Marketing Services in accordance with the offers detailed in a new agreement. In the event of any conflict between this Agreement and the Marketing Services Terms, the Marketing Services Terms will apply.
We are not responsible for any damages resulting from your use of any trial or beta services.
2.6 Trial and Beta Services
RETAINOO may in its sole discretion offer trial services or beta services from time to time at no charge. Any trial or beta services are provided “AS IS” with no warranties of any kind. RETAINOO may discontinue any trial or beta services at any time, with or without notice and without any further obligations to you. RETAINOO will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.
- You agree to pay all Service Subscription fees Retainoo charges you for the Services when you register.
- You also agree to pay all Consulting Service Fees for staff services if any are specifically requested by you and provided by our staff.
- You agree to pay all foreign, Commonwealth, State and Local Government, state taxes applicable to your access, use or receipt of the Service, these will always be disclosed to you clearly in advance.
- If Retainoo are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by Retainoo in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates.
- If you fail to pay your fees for Services by any Expiry or Due date, Retainoo reserves the right to restrict access to all files that belong to the unpaid Subscription.
- You accept that when a Subscription is locked, all users of the affected files will be unable to view, edit or add any data to the file. Full access will be restored upon receipt of all accumulated unpaid Subscription fees.
- You accept that Retainoo can transfer any locked file out of your subscription to another subscription owned by a Director or Trustee of the organisation that the file represents.
- You accept that any voucher, coupon, discount or any other offer used by to pay for a Subscription in lieu of payment can only be used once.
- Where there isn’t an expiry identified on a voucher, coupon, discount or any other offer it is valid for only 90 days from the date of the offer or notice date.
- You may subscribe to Retainoo Services by using the Retainoo website sign up page.
- You may designate a number of users to have Access Authority and you may provide and assign access and passwords to such users.
- We may suspend or terminate your account and refuse use of Services if you provide any information (including a valid contact email address and phone number) that is false, misleading, inaccurate, not current or incomplete, or if Retainoo has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or any terms in this agreement are breached.
- We may suspend or terminate your account and refuse use of Services if you are deemed to be abusive (including using language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of Retainoo).
- You authorise Retainoo to use extracts from service related communication on our web site (typically on the testimonials page) and other material in text form and Retainoo may include your organisation name, market segment and a link to your website if you have provided one. This use is conditional on Retainoo excluding any material that may be deemed confidential, such deeming shall be at the sole discretion of Retainoo but will explicitly focus on service quality and Subscriber experience in use of our products and exclude financial or other transaction related information.
- You agree that when Subscribing, you will be sent a temporary password which will need to be changed when you login for the first time.
- You accept responsibility for maintaining confidentiality of any password and other access information used by yourself and your authorised users who have Access Authority.
- You acknowledge that the Internet is an open system and Retainoo cannot and does not warrant or guarantee that third parties cannot intercept your information.
Communications Between You and Retainoo.
- Retainoo reserves the right to contact you by web page, email, fax, post, internet chat, phone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service and related products and services such as but not limited to third party add-ons, widgets, components, connectors, plug-ins, applications and software.
Your Regulatory Responsibilities are not Retainoo’s
- Your Regulatory Responsibilities will vary from country to country and are your responsibility to identify and comply.
- You accept that Retainoo may not comply, support, update or be registered for requirements specified by tax and regulatory authorities of countries we sell our Services in.
- We don’t provide Services that are tax remittances or returns preparation.
- We don’t provide Services that are tax, legal or financial advice.
- You are responsible for the remittance of Taxation Returns and other Government lodgements and forms for you and/or for your organisation.
- You agree to check information reported by our Services before using the information to prepare your accounts, tax returns and other regulatory, banking or legal reporting requirements.
Your Non-Transferable License
- We grant you a non-transferable, non-exclusive and terminable right licence to use the Services under these Terms.
- You agree that title and ownership of the Services remain with us.
- You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others.
- Title and ownership of data entered by the Subscriber, or those with Authorised Access to this data, remains with the Subscriber.
- You are licenced for the number of operators specified in the subscription plan to which you are a subscriber.
- We agree that in the event of an upgrade, the Licence hereby granted shall automatically transfer to the new version.
- You agree that all rights in respect of the original version shall lapse and no further use of same shall be permitted.
- You agree that the Licence in this agreement is effective until suspended or terminated by us or by ceasing subscription payments.
- You agree that payment for your subscription is due in advance of the next Subscription expiry date.
- In the event you choose to end your subscription service, you agree to export your data using the export functions provided in the service.
- We reserve the right to charge you for time and materials if you request your data be exported by us rather than you doing this yourself.
- You agree to use your best endeavours to ensure the safeguard of your Password(s) for your organisation in order to ensure there is no unauthorised access to, copying of, or collection of information from you data file and you indemnify Retainoo for any and all losses you may incur as a result of failing to safeguard your Password.
Terminating Your Service
- You may end the Service by notifying Retainoo in writing prior to your next subscription payment or by cancelling your subscription via your Retainoo business portal. The service will be cancelled upon reaching the next payment date automatically.
- Subscribers who terminate will not receive a refund for any unused portion of the Service.
Retainoo General Practices Regarding Use of the Service
- We may establish general practices and limitations that apply to the use of the Service.
- You accept that we may change these general practices and limits at any time, at our discretion.
- You accept that we may disable accounts that are inactive for an extended period of time.
- You accept that we may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time or for the purposes of conducting reasonable system maintenance and repairs.
- You accept that we reserve the right to disable or change features of the service if those features are infrequently used by our users or at our discretion.
Website and other publications (our Content)
- You assume all risks concerning the suitability and accuracy of the information within the web site and publications.
- We may have inaccuracies or errors in our Content. We bear no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents.
- You accept that we will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and that these product offerings may not be relevant, suitable or available in your country.
- You accept that links to other third-party sites can lead you to Content not under our control or responsibility and thus you accept that using such a third-party site is at your own risk.
- You accept that the inclusion of any link does not imply that Retainoo is endorsing or is accepting responsibility for the content, products or services of third-party websites.
- You accept that the Content we provide is educational and information only and is not legal, taxation and/or financial advice.
- You agree to obtain professional legal, taxation and/or financial advice rather than rely on Content we provide
You agree that you are only allowed to review and use this Website for your personal, non-business purposes other than your core business , and you must not:
- amend, alter, issue, transfer, trade in, reproduce, distribute, perform, display, or in any way abuse or infringe any of the Website Content, no matter whole or in part, except as otherwise expressly permitted in these Terms;
- Use this Website to breach any applicable law or regulation;
- use this Website to transfer, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Retention Systems Pty Ltd or others or violate the privacy, publicity or other personal rights of others;
- use the Website Content for any public or commercial purpose;
- use data you are not entitled to use or logging into an account which you are not authorised to access;
- attempt to examine, scan or test the accountability of a system or network or to breach security or authentication measures without permission;
- copy or adapt the HMTL code created to generate any Website Content;
- use the Website Content to fake or misrepresent your identity or affiliation with Retention Systems Pty Ltd or any other person or entity;
- use the Website Content to send uninvited mail or email, make unsolicited phone calls or send unrequested faxes regarding offers and/or advertise of products or services;
- use any device, software or any other mode to disrupt or attempt to infringe the proper operation of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage or interfere with, secretly stop or hinder or seize any system, data or information;
- attempt to decode, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
- frame or link to any Website Content or information available from the Website. You may download or copy the Website Content provided it is only for your own personal, non-commercial use, and you include all copyright and other notices contained in such Website Content. Storing electronically any portion of the Content electronically is not permissible. You are not allowed to copy, store, redistribute or publish any Website Content without the express written permission Retention Systems Pty Ltd or the owners of the Website Content (as the case may be).
- You accept that use of the Services is at your risk.
- You accept that Retainoo is not responsible for any adverse consequences arising out of the use of the Services.
- You accept that you are responsible for any consequences resulting due to any interaction between you and your customers via Retainoo platform, smart phone application or any other medium. Retainoo will not be held liable for any misinformation, misrepresentation of a product or service or any abuse by you or by your customers, originating via Retainoo platform, products and services.
- You agree to indemnify, defend, and hold harmless Retainoo from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by Retainoo as a result of any claim arising from your violation of the Terms, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights.
- You accept that these obligations survive termination of the Service.
- You accept that we will not accept liability for failures in providing Services which are outside normal usage or reasonably foreseeable including force majeure, natural disasters, acts of God, war, terrorism and civil disobedience.
Disclaimer of Warranties
- You accept that the Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind.
- .Retainoo expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access.
Proprietary and Confidential Information
- You acknowledge and agree that the Services may contain proprietary and confidential information that is protected by intellectual property and other laws.
- You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service.
- If you are an Adviser (i.e. accountant, bookkeeper, financial adviser) you may procure and maintain the Service for your client by establishing and maintaining a Subscription containing their files. Otherwise, your client may establish a Subscription with Retainoo and set you up with Access Authority.
- You agree not to use or display any Retainoo trademarks, logos, product and services names or other Retainoo material of any form (including any derivations) without our written approval or as described elsewhere in these Terms where you are a Retainoo Partner.
- You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the Subscription Services or this licence (subject to the prior written consent of Retainoo)
Your content and data
- You agree to allow Retainoo to use your and your customers information for the purpose of advertising on Retainoo platform and smart phone application.
- In case Retainoo earns any revenue from the advertisement of other products or services to your customers, Retainoo shall share 10% of the earned revenue with you. The 10% revenue shall be calculated based on revenue earned by advertising products and services specifically to your customers only, and not the customers of other subscribers to the Retainoo platform. The revenue shall be calculated quarter-yearly and the resulting amount will be credited into your nominated account within 30 days of the closing of a quarter-yearly cycle. You will be responsible for paying any legal taxes on the revenue distributed to you from this offering.
- Retainoo may advertise you related products or services on the Retainoo platform and Smart phone application. You agree to allow Retainoo to use your information for targeted advertising based on your primary business location, profile, and other details stored in Retainoo Platform. However, Retainoo shall never disclose your personal and contact information through which you can be identified to any other party for advertising or any other purposes.
- We claim no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers).
- You accept that by setting any of your Content to be shared publicly that you allow others to view and share your Content.
- You accept that by letting your subscription expire, requesting your Subscription be closed or by failing to meet the Terms of Service that we may delete all your Content and Data permanently at a time or date of our choosing but not within 30 days.
- You accept that Retainoo does not offer in it’s Services to roll-back, recover or load any data from historical backups or archives. If we do this it is at our discretion and we may charge for this Service.
- We do not claim that our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) are appropriate for you.
- You accept the responsibility of having your own practices to cover risk associated with our data management where you don’t feel our practices are appropriate for you.
- You accept that our practices for data management may change at our sole discretion at anytime and without notice.
- You agree that we may use Communications with you (feedback, praise, criticisms, quotes, correspondence, support conversations and any other interactions with you) in our Content.
- You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our testimonials website page and also in related places and materials both online and in other forms including directories that we publish.
- You acknowledge you are not entitled to any payment for use of this material.
- We provide supported plans which encompasses product use support and technical support where issues arise for the product such as defects.
- We provide comprehensive online help user guides.
- We reserve the right to limit the time spent on email and telephone support calls to 10 minutes or less for a single support enquiry.
- We reserve the right not to provide Support Service even if it has been purchased if we deem the Support Service is being used in an unethical, abusive or fraudulent manner.
- You accept that support is only available while an online service is current and paid in full.
- You accept that any instruction we give you via our Support Service (and via any other method or service) is not legal, tax or accounting advice.
- You accept that any instruction we give you is general educational information that may or may not meet your specific requirements.
- You accept that the Support Service is for basic usability and functionality queries and not for workflow, operational, accounting or bookkeeping problem solving.
- You agree that in reporting any defects to our Support Service, to be specific and provide at least one identifiable example of the defect.
- You agree to allow us access to your data to troubleshoot or problem solve a defect.
- You agree that Internet, network, hardware, software inquiries relating to third party providers are not resolved by Retainoo.
- You agree that our Support Team will deem if the inquiry falls within the nature of the Retainoo Support Service.
- You accept that Support Team availability and response times may be affected by call or email volumes, staff absence, server maintenance and upgrades relating to new releases.
Your privacy is very important to us.
Fair Play Promise
Our Fair Play Promise is a policy that ensures Retainoo delivers you consistent value and service as a paying subscriber. We will –
- Limit the resources (such as disk space or other resources) you are allowed to use to a reasonable amount for the subscription level you are paying for.
- Set the limit based on reasonable averages for other users like you.
- Allow you to add users as long as the number of users added doesn’t exceed a reasonable level of users when compared to the average number of active users we see per account across all our Subscribers.
- Set limits for the common good in order to prevent one user inadvertently using excessive resources that should be shared with other users.
- Reserve the right to terminate service to you if you exceed your limits or abuse the service or our staff or communication channels in any way.
- Tell you well in advance (normally) if you breach any limits and we will give you the option of reducing your usage back below the limit or upgrading to a more appropriate plan.
- Be flexible and try to give you the benefit of the doubt so we will normally not prevent you operating if you breach limits briefly and return to within limits in a reasonable time.
- We reserve the right to vary prices or features for all Subscribers, at any time but will always try to give you reasonable notice.
- Monitor your use of the system and ensure allocation of resources between user is fair using points which may be adjusted at our discretion in the event you abuse the system.
General Refunds, Returns and Delivery Policy
- We agree to refund defective hardware products (if any have been delivered as part of product description) and the provisioning of incorrect subscriptions if we have been notified within thirty (30) days of purchase.
- We agree to refund your subscription if you change your mind within seven (7) days of purchase when notified in writing.
- This policy is in addition to your statutory rights under the Trade Practices Act. For more information, please visit the Australian Department of Fair Trading website.
- Defective or DOA (dead on arrival) hardware items. All items come with a manufacturers guarantee.
- You agree to request for a return of defective or DOA items via email to firstname.lastname@example.org stating your invoice number.
- You agree to provide a reason for returns including any details of the problem.
- We agree to issue a refund, once goods have been received and verified at our head office.
- You accept that we only have to refund the credit card used to pay for goods or services or the bank account we received payment from.
- You accept that refunds may take 10 days to process once approved by us.
- You agree to allow us to deduct fees and charges by banks and credit card companies we occur from the refund amount.
- You agree that refund for bulk purchases (i.e. 2 or more of the same product) will not be accepted.
- You agree to purchase one item or Service first to make an assessment prior to making bulk orders.
- Retainoo reserves the right to charge delivery costs for Change of Mind Refund hardware returns, pickup and returns of repaired and/or replace hardware and new or used products purchased.
Hardware Warranty Claims
- You agree that Warrantable Items are covered by a manufacturer’s warranty.
- You agree that Warranty claims are to be handled by the manufacturer by you contacting them directly for any query or claim you may have.
- You agree to defend, indemnify and hold Retainoo harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of this agreement or any third-party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.
- This obligation shall survive any termination of this agreement.
Limitation of Liability
- Retainoo shall not be liable to you or any third party for special, consequential, incidental, indirect, tort or cover damages, including, without limitation, damages resulting from the use or inability to use the services, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not Retainoo has been advised or is aware of the possibility of such damages.
- Retainoo will not accept liability for failures in providing its Services which are outside normal usage or which occur due to force majeure, matters outside Retainoo’ s control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
- You or Retainoo may terminate this agreement at any time by opting to cancel the subscription via self-service cancellation option or by writing to Retainoo 30 days in advance from the time you wish to discontinue the contract.
- This Agreement will be construed and enforced in accordance with the laws of the State of Victoria without regard to its conflict of laws principles.
- Venue for any dispute under this Agreement will be Melbourne, Australia.
- Retainoo shall not be liable for, and is excused from, any failure to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of Retainoo’s suppliers or subcontractors, acts of nature, governmental actions, fire, flood, natural disaster, or labour disputes.
- Retainoo reserves the right to change the Terms and Conditions of this Agreement at any time by posting the modified version on the portion of its application.
- You may not assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part, without the express written consent of Retainoo.
- Any notice made by Retainoo to you shall be deemed properly given and effective when reduced to writing and sent to the e-mail address we have for you on record.
- Any notice made by you to Retainoo shall be deemed properly given and effective when reduced to writing and delivered to the Service Team e-mail address being email@example.com.
- You acknowledge that you have read this agreement and agree to all its terms and conditions.
- You understand that we may at any time (directly or indirectly) solicit Subscriber referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of using Retainoo Services and participating in the Referral Rewards and you are not relying on any representation, guarantee, or statement other than as set forth in these terms and conditions.