Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Colleago website, mobile and web applications (the “Service”) distributed by Colleago Pty or its licensor, Colleago International Pty Ltd (“us”, “we”, “our”, or “Colleago”), depending on your contract with Colleago.

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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. You warrant that you are at least 18 years of age and legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

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.

 

Subscriptions

Some parts of the Service are provided and billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring basis for the prior period (“Billing Cycle”). The Billing cycle is monthly.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Colleago Pty Ltd cancels it. You may cancel your Subscription renewal by emailing Colleago’s customer support team via support@colleago.co.

 

SMS

Depending on the subscription you have agreed to or selected, you will be billed for SMS beyond any introductory allocation as outlined in your Colleago agreement. SMS costs are outlined in your Colleago agreement and are subject to change with 30 days’ notice. 

SMS are an integral part of Colleago’s onboarding functionality.  SMS use may provide improved performance of Colleago when broadcasting shifts and within the information supply chain.

The successful delivery and overall performance of SMS is subject to numerous factors outside the control of Colleago and its service. You accept and agree that Colleago International Pty Ltd 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 SMS notifications.

 

Payment

A valid payment method, such as a credit or debit card, is required to process your Subscription payment. You shall provide Colleago with accurate and complete billing information, including full name, address, state, zip/post code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorise Colleago International Pty Ltd to charge all Subscription fees and costs incurred through your account to any such payment instruments.

Should automatic billing fail for any reason, Colleago may try again at a later time or issue an electronic invoice indicating that you must proceed manually within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice.

 

Fee Changes

Colleago, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. However, every effort will be made to only apply an annual increase as outlined in your contract.

Colleago will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Except when required by law, paid Subscription and any other fees and charges are non-refundable. 

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

 

Accounts

When you have an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms and may result in the immediate termination of your account on our Service.

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 agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, or a name or trademark that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

You warrant that all the people that you have in your Colleago account are legally classified in your jurisdiction as employees of your business or are engaged as consultants or contractors to your business. You warrant that you have their explicit permission to be in your account. 

Failure to meet your obligations as an account holder constitutes a breach of the Terms and may result in the immediate termination of your account on our Service.

 

Data Retention

At the end of your subscription, Colleago will retain all your records as is for a minimum of 30 days and no more than 60 days, unless agreed in writing. Data is any information that relates to your Colleago account, your business, employees and 3rd party integrations.  

Refer to Colleago Pty Ltd’s Data Retention Policy for more information.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Colleago Pty Ltd and its licensors. The Service may be protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Colleago Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Websites and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Colleago Pty Ltd or its licensors.

Colleago Pty Ltd has no control over, and assumes no responsibility for, the content, operability, deliverability, up-time, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Colleago Pty Ltd or its licensors 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 websites or services.

We may provide links to external websites as a convenience, and the inclusion of such links does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or utilise when using Colleago.

Push Notifications

Colleago does not provide assurance that push notifications will be delivered, and Colleago does not represent push notification performance. The successful delivery and overall performance of push notifications are subject to numerous factors outside the control of Colleago and its service. You accept and agree that Colleago 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 push notifications.

Termination

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.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. It is your responsibility to notify Colleago so that automated billing, if applicable, can be discontinued.

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 shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have on file our you.

 

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

 

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instructions, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Colleago Pty Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Recruitment Agencies

Subscription fees, SMS costs and any other costs will be agreed in writing between Colleago Pty Ltd or its licensors and the client prior to account creation. 

 

Integrations with other software

Integrating with other software is at Colleago Pty Ltd’s discretion. We reserve the right to charge fees for integration with other software and or additional subscription costs. Costs will be notified in writing prior to any work commencing and are subject to variation.

We make no representations or warranties of any kind regarding the functionality and reliability of integrations. Colleago Pty Ltd does not provide assurances that other software will provide functionality supporting an integration, ongoing integration access or that Colleago Pty Ltd can accommodate future changes that other software may make that impact the existing integration and functionality.

 

Promotion

At our discretion, we may promote your brand, including your logo, as a service user verbally and through marketing collateral and other communication channels, including social media and electronic direct mail.

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Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, 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 notice before any new terms take effect.

It is your sole responsibility to periodically request and check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.