Terms and Conditions (“Terms”)

Last updated: July 17, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the srnapos.com and/or srna.me website (the “Service”, “Services”) operated by SRNA Software Pty. Ltd. (“SRNA”, “SRNA Software”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

You must be 18 years or older in order to access and use the SRNA Software Services. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We will contact you from time to time (including by sending you notices as required by these Terms relating to, for example, suspension of your account or changes to your plan), so it’s important that you keep all of your contact details, and those of your Primary Admin and other Authorised Users, up to date.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Use Of Your Account

SRNA Software grants you a limited, non-exclusive, non-transferable, revocable licence to use the SRNA Software Services (subject to your account type) for the purposes of the Customer’s business and in accordance with these Terms.

You are responsible for any conduct or activity undertaken in your account (online or using our support services), including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorised Users.

 

Fees

The fees charged for use of the SRNA Services are set out on the Website (or as notified to you in the case of some exclusive plans). Our Fees and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time by giving you a notice prior to your next billing cycle (by email to your Primary Admin). The new Fees or pricing terms will apply to you from expiry of that notice, unless you choose to cancel your account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan (or if you reactivate your plan after cancellation). Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the SRNA Services. Unless required by law, we will not provide refunds in connection with the SRNA Services.

You are required to pay your invoice by the day it is due, if your invoice is not paid for over 10 days, your account will be automatically suspended until your invoice is paid. If you are late in paying any fees, we may charge a late fee.

You may upgrade or downgrade your account at any time by contacting us. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, we will only charge you the difference in price between the plan fees.

Downgrading your account may cause the loss of content, features, or capacity of your account, and reduce the number of registers, users. If you choose to downgrade your account, SRNA Software does not accept any liability for the resulting loss of data, content, features or capacity.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SRNA Software.

SRNA Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SRNA Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Reasonable Use

We reserve the right to suspend or restrict your account or your use of the SRNA Service, or disable any third party integrations you have, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the SRNA Services to other users. This includes circumstances where your use (or integration of your account with a third party) is creating a security or availability risk for SRNA or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements or support requests).

SRNA Software Services are provided “as is”

The SRNA Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. It is your sole responsibility to ensure that your use of the SRNA Services complies with any laws or regulations applicable to you and your business, and allows you to meet any legal obligations you might have. Such laws might include requirements regarding the retention or storage location of accounting, taxation and/or transaction records. We make no representation or warranty regarding your ability to comply with laws applicable to you when you use the SRNA Service.

We will try to address (during business hours) all technical issues that arise in connection with our Services.

We do not warrant that our services will meet your specific requirements; that our services will be uninterrupted, timely, secure, error-free, accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the SRNA Software will meet your expectations; or any errors in the SRNA Services will be corrected.

You acknowledge that SRNA services will require use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide our services. The acts and omissions of those third party suppliers may be outside of SRNA Software’s control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier, save as otherwise expressly set out in the Agreement or in writing between the parties.

We may add, make changes to or remove features or functionality of our Services. We may also decide to cease providing all or some of the SRNA Services at any time, and nothing in these Terms is to be taken as a guarantee that SRNA Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the SRNA Services.

Our liability

To the maximum extent permitted by law, SRNA Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if SRNA Software has been advised of the possibility of such damages), resulting from the use or the inability to use the Service (in whole or in part) or any technical malfunctions; the cost of procurement of substitute goods and services; unauthorised access to, or alteration of, your communications or data; statements or conduct of any third party regarding the SRNA Services; or any other matter relating to the SRNA Services.

No illegal or malicious use

You must not use the SRNA Services in any unlawful manner, for any unlawful or fraudulent purpose. You must not Use the SRNA Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. You must not collect or harvest any information or data from the SRNA Services or our systems or attempt to decipher any transmissions to or from the servers running any SRNA Services. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SRNA Services. You must not share any data relating to another User of the SRNA Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so. You must not access or register User logins via bots or other automated methods.

Termination

You are entitled to cancel your account with SRNA software at any time, unless your contract states otherwise. You may cancel your account by contacting us via [email protected]. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance (unless we agree otherwise).

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

If your account is cancelled, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the terms that extent that, it is necessary for them to continue in respect of our ongoing storage of your data up to the date of permanent deletion). We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before cancellation. You can contact us to assist you in exporting all your data.

Data Protection

We are dedicated to protecting your data by maintaining appropriate technical and organisational measures to protect the security of the data you input in SRNA Services.

You are responsible for complying with all applicable data protection laws in regards of the way your provide the data to SRNA Software. You must ensure you have rights to all the data you are inputting in the system. You shall not provide nor permit any User to provide any Sensitive Data to SRNA Software.

Data Deletion

On expiry or termination of your subscription, we will store your data for a maximum of 60 days, unless agreed otherwise prior to closure of your subscription. We may retain your data for a longer period if applicable laws require us to do so.

Intellectual  property

You agree that SRNA Software owns all of the intellectual property rights existing in the SRNA Services. You may not publish or use SRNA Software’s brand, branding or logos except with SRNA Software’s prior written consent.

SRNA Software does not claim no intellectual property rights in relation to the information or content you input into SRNA Software Services.

You grant SRNA Software a royalty-free, irrevocable, perpetual licence to use for our business purposes (including for product improvement, data analytics, research and development, and other legitimate commercial purposes) information and/or data collected by SRNA Software through your use of the SRNA Services (provided that we aggregate or anonymise any information or data which you have submitted or inputted into the Services that we process on your behalf).

Any comments, feedback or suggestions you provide to SRNA Services, you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us:

• By email: [email protected]
• By visiting this page on our website: srnapos.com/#contact