1.1 These Terms and Conditions sets out the Terms and Conditions applying to any use of TimePay including, without limitation, the viewing of content on TimePay, registering as a user of TimePay, submitting content to TimePay and the generation of reports or any other data using TimePay.
1.2 The Terms and Conditions which govern use of TimePay apply to you and all Registered Users of TimePay. In using TimePay (in any way whatsoever), you agree that you have read and understood the Terms and Conditions which govern use of TimePay and agree to be bound by them. If you do not agree to be bound to any part of the Terms and Conditions, you must immediately refrain from using TimePay.
1.3 Despite acceptance of these Terms and Conditions, we reserve the right to suspend or ban any User from using TimePay at any time at our discretion if we consider such action to be appropriate.
1.4 You warrant that you are legally able to enter into this agreement.
1.5 We reserve the right to amend the Terms and Conditions which govern use of TimePay from time to time, without prior notice to you. Amendments will be effective immediately upon the amended Terms and Conditions appearing on TimePay. Your continued use of TimePay following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
2.1 In these Terms and Conditions the expressions “we”, “us” and “our” are a reference to Golden Rain Pty Ltd and a reference to “you” and “your” includes you and anyone acting on your behalf or with your express or implied authority.
2.2 A reference to “TimePay” is a reference to the TimePay platform developed by us.
2.3 A reference to a “User” is any person who views or otherwise users TimePay. A User may or may not be a Registered User. “Registered Users” is a reference to users who have registered an account on TimePay.
2.4 A reference to “User Content” is a reference to any content on TimePay that is uploaded or inputted by a User or third party.
3.1 TimePay is a platform designed to assist businesses in managing timesheets and other timesheet-related aspects of a business.
3.2 We do not and are under no obligation to actively monitor or review User-uploaded or inputted content. We impose Terms and Conditions on all of our Users but we do not warrant the truth, accuracy or otherwise of any content on TimePay, which is the sole responsibility of the User.
3.3 You agree that we are not responsible for any loss suffered as a result of reliance by you upon the accuracy or otherwise of the content contained in TimePay.
3.4 You may not circumvent or attempt to circumvent any protection measures in respect of the uploading or inputting of User Content or unlocking of features such that you would gain access to view, upload or input content on TimePay in a manner that is not contemplated and specifically authorised by TimePay.
4.1 In order to use full functions of TimePay, you must first become a Registered User through one of the methods prescribed within TimePay.
4.2 You will not be permitted to use full functions of TimePay unless you are a Registered User and are logged in to the platform. Non-Registered Users will only have access to simplified timesheet at www.timepay.com.au.
4.3 Registered User must take all reasonable steps to ensure that your login details are kept confidential and secure and that you do not allow another person to access TimePay using your login or a device on which you are already logged in as a Registered User.
4.4 Any content submitted, uploaded or inputted to TimePay through your account as a Registered User will be deemed to have been uploaded by you, and we may enforce these Terms and Conditions against you on that basis.
4.5 We reserve the right to terminate or suspend your Registered User status at any time if, acting reasonably, we believe you have breached or have attempted to breach the Terms and Conditions that govern the use of TimePay or that your continued membership is no longer desirable.
4.6 By using TimePay as a Registered or Non-Registered User, you warrant to us that:
(a) all of your details are true, accurate and current, including your name;
(b) you are not impersonating any other person whether living, dead or fictional;
(c) you have the necessary rights or authority to submit, upload or input any user content;
(d) you agree to be bound by all Terms and Conditions that govern use of TimePay;
(e) the content submitted, uploaded or inputted:
(i) does not infringe or contribute to the infringement of any intellectual property, confidentiality or privacy rights of others;
(ii) does not contain offensive, defamatory, obscene, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable material;
(iii) does not and is not likely to mislead, deceive or comprise malicious, fraudulent or defamatory material;
(iv) does not breach any applicable laws, standards or regulations;
(v) does not promote or endorse unlawful activities, including inciting violence or hatred against any individual or group; and
(vi) does not contain viruses or other codes, files or programs which are designed to limit or destroy the functionality of other software or hardware, or any links to other websites or apps that contain such content.
5.1 To the fullest extent of the law, in no event will we, our affiliates, officers, employees, agents, suppliers or licensors be liable, in relation to the contents of, use of, or otherwise in connection with TimePay, any direct loss, any loss of profits, data, content or revenues or indirect, special, incidental, punitive, exemplary or consequential (including loss of use, content or data) loss, whether in contract, tort, or under any other theory of liability, and regardless of whether such losses were within the contemplation of the parties at the time of contracting.
5.2 You release and indemnify us, and our affiliates, officers, employees, agents, suppliers or licensors (and keep fully indemnified) against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any use of TimePay or its content and any act or omission on your part in connection with TimePay, including but not limited to a failure by you to comply with your obligations under the Terms and Conditions which govern use of TimePay.
6.1 Copyright in the content on TimePay (with the exception of any User Content), including text, graphics, logos, icons, sound recordings and software, is owned or licensed by us.
6.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and except as expressly authorised by these Terms and Conditions, You may not, without our prior written permission, in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of TimePay; or
(b) commercialise any information, products or services obtained from any part of TimePay;
7.1 Except where otherwise specified:
(a) any word or device to which is attached the ® symbol is a registered trade mark within Australia.
(b) Any word or device to which is attached the TM symbol is an unregistered mark that we are using as a trade mark.
7.2 If you use any of our trade marks (whether registered or unregistered) in reference to our activities, products or services, you must include a statement attributing that trade mark to us and comply with all of our Terms and Conditions, policies and guidelines which govern such use.
7.3 You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including TimePay).
8.1 These Terms and Conditions are governed by and shall be construed in accordance with the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of a court of competent jurisdiction in Queensland.
9.1 If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
9.2 If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force to the extent possible.
9.3 In addition to any other lawful means of service, any notice or legal process that we may wish to give or serve upon you may be sent to your email address and any such notice or process will be taken to have been received unless we receive a return email notification that the email cannot be delivered.