YouAudit Terms of Service & Refund Policy
By registering to and by the nature of using the Service you acknowledge that You have read and understood these terms and have the authority of the entity you are acting on behalf of, to accept and agree to these Terms.
These Terms apply as soon as YouAudit provides you with access to the Service.
1. Definitions
“Agreement” – means these Terms of Service
“Authorized User” – means any person, business or entity, other than the customer that uses and has access to the Service with the authorization of the customer from time to time. (“User”)
“Confidential Information” - includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
“Customer”/”You”/”Your”– means the person, business or entity that registers to use the Service and pays the Service Fee.
“Data” – means any data inputted by the Customer or authorized users within their account
"Intellectual Property Right"- means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service” – means the asset management and auditing services made available via the website, admin control panel/dashboard and smartphone apps.
“Service Fee” – means the monthly or annual fee payable by the customer
“YouAudit” – means YouAudit Pty Ltd (ABN 44 164 385 424) and its brands ischoolaudit and iworkaudit and other associated brands and subsidiaries.
“Website” – means the Internet sites www.youaudit.com.au, www.ischoolaudit.com.au, www.iworkaudit.com.au or any other site operated by YouAudit.
2. Use of Software
YouAudit grants the Customer the right to access and use the Service via the Website and App with the particular user roles available according to your account type. This right is non-exclusive, non-transferable, and limited by and subject to this agreement.
YouAudit grants the Customer the right to install and use copies of the Software App for the sole purpose of using the Services. The Software App is licensed to You not sold.
You acknowledge and agree that, subject to any applicable written agreement between the Customer and the Authorised Users (“User”), or any other applicable laws:
1. the Customer determines who is an Authorised User and what level of user role access to the relevant organisation and Service that person has;
2. the Customer is responsible for all Users’ use of the Service;
3. the Customer controls each User’s level of access to the relevant organisation and Service at all times and can revoke or change an User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
4. if there is any dispute between a Customer and an User regarding access to any organisation or Service, the Customer shall decide what access or level of access to the relevant Data or Service that User shall have, if any.
3. General Obligations
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by YouAudit 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.
4. Access conditions
a. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify YouAudit of any unauthorised use of Your passwords or any other breach of security and YouAudit will reset Your password and You must take all other actions that YouAudit reasonably deems necessary to maintain or enhance the security of YouAudit's computing systems and networks and Your access to the Services.
b. As a condition of these Terms, when accessing and using the Services, You must:
· not attempt to undermine the security or integrity of YouAudit's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
· not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
· not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
· not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
· not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
5. Usage Limitations
Use of the Service may be subject to limitations, including but not limited to number of permitted assets you can add to your Service. There are no limits within the constraints of fair and reasonable to the number of users, locations or sites that you can add to the Service.
6. Indemnity
You indemnify YouAudit against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to YouAudit, including (but not limited to) any costs relating to the recovery of any Service Fees that are due but have not been paid by You.
7. Payment
a. Monthly Payments
All Services for which payment is required on a monthly basis are to be paid in advance via credit card, direct debit, bank transfer or any other method detailed on the Website.
An invoice for the Service Fee will be issued at the start of each month, if payment is not taken automatically via your preferred payment method you must arrange for all amounts specified in any invoice to be paid within 10 days of the invoice date.
b. Annual Payments
All Services for which payment is required on an annual basis must be paid in full within 30 days of any invoice date presented to the Customer. Payment can be made via credit card, direct debit, bank transfer or any other method detailed on the Website.
c. General Payment Terms
All payments must be made in AUS dollars, inclusive of applicable taxes.
You will be invoiced automatically for the next prepaid period on the basis of your current Service Fee payment plan unless You have cancelled the Services in accordance with clause 8. Payment of the Service Fee will be taken via the payment method specified and will be non-refundable. In cases of failed payment, the invoice will become due and payable to YouAudit in its entirety.
YouAudit will do everything in its control to ensure that your Service Fee isn’t increased during the entire term of your Service. However, we do reserve the right to change the Service Fee by giving you 30 days written notice. This change whether a reduction or increase in Service Fee will only come into effect on any payments due after the 30 day notice period.
A debt service charge of 5% of the outstanding balance will be imposed for each month the amount remains unpaid. YouAudit has the right to discontinue, withhold, or suspend the Service if the amount remains unpaid after the 30-day payment period.
Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and YouAudit makes no representations or warranties with respect to those Services.
If you pay monthly via credit/debit card You are required to have a valid email address and credit/debit card to Your Service at all times, failure to do so may result in automatic suspension of Your Services. If You cancel Your credit/debit card for any reason You must immediately notify YouAudit and provide details of a current valid payment card.
8. Term of Service
a. iworkaudit.com.au services are subject to a 30 days free trial, the customer has a right to cancel the service at anytime during this trial period at no cost accept in regards to clause (8d).
b. Services with a monthly payment plan are not subject to any minimum contract term and can be cancelled at anytime if the customer provides 30 day written notice. The account will be closed at the end of the month that the 30 day period concludes on, all payments up to and including this month are expected to be paid in full by the customer.
c. Services with an annual payment plan have a minimum term of 12 months. No refund or pro-rata refund will be provided if you decide to close your Service prior to the end of this period. Under these circumstances customers will not be expected to be cover any costs of labels as detailed in (8d).
d. YouAudit reserves the right to charge Customers with a monthly payment Service for the audit labels provided, if you cancel the Service prior to the end of an initial 12-month term. These will be charged at a fair and reasonable rate taking into account cost of labels, other materials, printing and label creation time plus postage
e. Either party can terminate this agreement with immediate effect if:
i. Customer or any of its Authorised Users breach any condition of these Terms of Service.
ii. YouAudit consider it necessary to protect its interest or Intellectual Property and the Customer has been notified of the issue in writing and has failed to resolve the issue raised by YouAudit within 14 days of the notice.
iii. A government or law enforcement agency require YouAudit to do so
iv. Either party becomes insolvent, bankrupt or discontinues or dissolved its company.
v. Death of the Customer
vi. Customer fails to pay YouAudit in full within 45 days of any invoice been issued and sent.
vii. Customer has provided false or misleading information to YouAudit or has made false representations on behalf of another entity.
viii. YouAudit fails to provide the Service for a period of more than 5 consecutive working days within any one calendar month.
9. Refunds
Charges due on a pre-pay basis (together with set-up fees, auditing, consultancy and labeling fees or costs where applicable), are all non-refundable.
In the event that YouAudit cancels Your Service for reasons other than Your breach of these Terms of Service, You will be entitled to a pro rata refund based upon the months remaining within your current Service Fee payment.
If You contravene Your Agreement with YouAudit, a refund will not be issued in the event of a cancellation.
10. Intellectual Property
a. General
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of YouAudit (or its licensors).
b. Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the YouAudit Service Fee when due. You grant YouAudit a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
c. Backup of Data
YouAudit adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. YouAudit expressly excludes liability for any loss of Data no matter how caused.
d. Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that YouAudit 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. YouAudit shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
11. Warranties
a. Authority
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.
b. You Acknowledge that:
i. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
ii. YouAudit has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
a. You are responsible for ensuring that You have the right to do so;
b. You are responsible for authorising any person who is given access to information or Data, and you agree that YouAudit has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
c. You will indemnify YouAudit against any claims or loss relating to:
i. YouAudit's refusal to provide any person access to Your information or Data in accordance with these Terms,
ii. YouAudit’s making available information or Data to any person with Your authorisation.
iii. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
iv. YouAudit 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. YouAudit is not in any way responsible for any such interference or prevention of Your access or use of the Services.
v. YouAudit is not Your accountant or Auditor and use of the Services does not constitute the receipt of auditing advice. If You have any accounting or auditing questions, please contact an accountant or auditor.
vi. It is Your sole responsibility to determine that the Services meet the needs of Your business or entity and are suitable for the purposes for which they are used.
vii. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
c. No warranties
YouAudit gives no warranty about the Services. Without limiting the foregoing, YouAudit 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.
YouAudit gives no warranty that the Service will be uninterrupted or error free. You accept all Services provided “as is” and without warranty or Service Level Agreement of any kind.
d. Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business or entity 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 Services, the Website or these Terms.
12. Limitations of Obligations & Liability
a. To the maximum extent permitted by law, YouAudit 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, goodwill, indirect loss, sales, revenue, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
b. If You suffer loss or damage as a result of YouAudit's negligence or failure to comply with these Terms, any claim by You against YouAudit arising from YouAudit's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Service Fees paid by You in the previous 12 months and only if payments have been received in full during this period.
c. YouAudit is a not liable for any interruptions to the Service or outages as a result of changes to the network, system or software which is used to provide the services, interruptions to data flow, failure of services provided by third parties or outside YouAudit’s reasonable control.
d. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
13. Scheduled Maintenance
To guarantee optimal performance of the Service, it is necessary for YouAudit to perform routine maintenance, updates and add new features and products to the Service. Such maintenance and updates often requires the Service to be taken off-line. YouAudit will give you advanced notice of these works and work will be carried out during off peak hours whenever possible.
14. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall be construed as creating an agency, employee, partnership or joint venture between the parties.
15. Governing Law
This agreement is governed by and construed under the laws of South Australia and the federal laws of Australia. The federal and state courts of South Australia shall have exclusive jurisdiction to adjudicate any non-arbitrable disputes arising out of this agreement.
16. Joint & several obligations
If YouAudit or the Customer consists of more than one entity, their obligations under this agreement are joint and several.
17. entire agreement
This Agreement constitutes the entire Agreement between the parties. This Agreement supersedes any prior arrangements, commitments, negotiations, undertakings, proposals, understanding or contracts, oral or written with respect to the provision of the Services.
18. SEVERABILITY
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is 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.
19. WAIVER
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.