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Terms of use

Last modified: September 12, 2020

Effective: September 19, 2020

About Snapforms

Snapforms Service Owner = Snapforms (ABN – 76 165 730 594 – “Tiron Digital Pty Ltd”)

About These Terms of Use

These terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of both the Snapforms Website (“Website”) and forms Service (“Service”). You should read these terms of use and the privacy policy carefully before using this Website and Service.

Your Access/Use Implies Agreement

The Website and Service are available for your use only on the condition that you agree to these terms of use. By accessing/using the Website or Service, you are signifying that you agree to be bound by these terms.

License and Ownership

Forms and Submissions

Snapforms does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Snapforms Service. As between Snapforms and you, you own all rights to your Forms and Submissions. Snapforms does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions. Data stored within the Snapforms Service received via your forms is owned by you. Snapforms will never access your data unless required by law or requested by you. 

Website Data

The copyright for the content on this Website is owned or licensed by Snapforms and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Snapforms. All custom graphics, icons, and other items that appear on the Website and all associated trademarks are trademarks of Snapforms.

Snapforms Privacy Policy

We understand that privacy is important to you – it is important to us, too. That’s why we respect your personal information and are committed to protecting it when providing products and services to you. Snapforms is hosted and operated entirely within Australia, giving you the confidence that your data and privacy are both entirely held onshore and will never be sold or shared.

The Snapforms privacy policy governs the use of information collected from or provided by you at the Website and Service. A policy statement prepared by Snapforms for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at https://www.snapforms.com.au/privacy-policy.

Disclaimer of Warranties

Snapforms makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation of Liability

If Snapforms is found responsible for any damages, Snapforms is responsible for actual damages only. In no event shall Snapforms be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website or Service.

Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password. Snapforms has no visibility of your password and cannot provide your existing password on request.

Your Conduct

Consistent with your obligations under your agreement, it is important that all users understand that while the Snapforms Service can be utilised for a multitude of activities, it should not be used for the following:

No Monetisation of the Snapforms Service

The Snapforms Service is purchased by you and intended for your internal use only. You are prohibited from transferring, renting, reselling, charging or otherwise commercialising any use of the Snapforms Service that you have purchased from Snapforms, in whole or in part, unless otherwise expressly permitted by the terms of your Agreement. This includes, for the avoidance of doubt, the use of the Snapforms Service for phishing, extortion, pyramid schemes, or unsolicited commercial messaging (e.g spam).

Partner Program

Snapforms offers a partner program should you wish to resell Snapforms Services. You can find out more about this program by contacting us at contact@snapforms.com.au .

Spam

You agree that you will not use the Snapforms Service or any form(s) you create using the Snapforms Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as, for example, posting a Snapforms form as a money-making program on a classified ads site. Any account reported or found doing so will be immediately suspended.

Phishing

You agree that Snapforms may terminate your Snapforms Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account, along with the violating forms, will be suspended immediately.

IP Prohibitions

You are prohibited from reverse engineering, disassembling, decompiling, otherwise recreating the Snapforms Service or creating derivative works of the Snapforms Service. You may not access the Snapforms Service for the purposes of replicating any element of the Snapforms Service as part of a product or service that competes with Snapforms.

False or Misleading Acts

Honesty is the best policy. Users may not use the Snapforms Service to falsely or misleadingly identify themselves or information about themselves (e.g. employer, title, or affiliations). The Snapforms Service must not be used to impersonate others.

Security Testing

Overburdening the Snapforms Service or attempting to circumvent access limitations or monitoring mechanisms for the Snapforms Service or its related systems and networks is prohibited. Performance and disclosure of security tests, vulnerability scanning, penetration testing, or similar activities conducted without the prior written consent of Snapforms is prohibited. 

Private Data Storage

You are also solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. It is your responsibility to assess whether your usage of the Services is appropriate for the storage or control of, or access to, sensitive data, such as information about children, personally identifiable information, or medical or health information. Snapforms does not control or monitor the information or data you store on, or transmit through, our Services. 

Entitlement Compliance

Snapforms believes in providing our customers with the best experience possible. As such, we do not set system limitations on our customers’ user access or other similar functionality within the Snapforms Service. The following section is intended to address our customers’ use of the Snapforms Service in excess of the products purchased under the applicable order and ensure compliance with our pricing model.

Account Structure

Our pricing model for our Snapforms is based on a single account, single-user login – we offer multiple user logins on our Enterprise plans. “Accounts” (e.g. employees, contractors, consultants, business units) that are part of the Snapforms Standard, Business and Professional plans must be tied to a single email address. 

We approach our customer relationships in a transparent and honest way and hope for the same from our customers. Users and customers should not share their accounts as that would risk compromising both security and data privacy. Examples of such behaviour include (but are not limited to):

  • Creating a single-user account that multiple users share
  • Creating user accounts tied to a generic email address or alias that multiple users have access to (e.g. salesteam@xyz.com.au)

Platform Use Limits

Our pricing model for Standard, Business and Professional (as defined below) is straightforward – we charge per account up-front for an annual or monthly term. Platform Limits include active forms, stored responses and features outlined in the pricing table at https://snapforms.com.au/pricing. Other functionalities of the Snapforms platform not specifically described in the plan limits are subject to Fair Use as defined below. Snapforms will sometimes contact you when you exceed your Platform Use Limits and will provide options to continue using your account. In reaching your limits we will not instantly disable your account, but will require action from you in order to continue the use of your account.

Fair Use

Snapforms offers functionality that does not have Platform Use Limits as a part of your subscription. Bandwidth and usage of this functionality are monitored to ensure use that does not compromise the Service to you or other users of the platform. Should your usage be in breach of our Fair Use, we will contact you with options to update your account.

Platform Updates

Snapforms regularly deploys updates and changes to enhance the Snapforms platform. By accepting this agreement you accept that whilst we endeavour to not adversely impact any of our users by these updates, Snapforms is not liable for any damages or loss of data as a result of these updates.

Payments

Snapforms offers the option to take payments through third-party payment processors. By accepting this agreement with Snapforms, you indicate that you have reviewed the Terms of Service and Privacy Policy of the payment processor for the country in which you are located and agree to both should you wish to use them.

Integrations

Snapforms offers the option to use different integrations with third-party platforms. By accepting this agreement with Snapforms, you indicate that you have reviewed the Terms of Service and Privacy Policy of the third-party platform for the country in which you are located and agree to both if you wish to use them. If you choose to use one of these integrations you agree to the transfer of your Snapforms data to the selected third party. Snapforms is not liable for any data or security breaches as a result of a third party integration. Depending on the location of the third-party provider services, your data may no longer be contained within Australia as a result of connecting the Snapforms Service to a third-party.

Automatic Renewal

Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Snapforms subscription will automatically renew at the end of each billing cycle until you cancel your Snapforms subscription. You can also cancel by emailing the Snapforms Support Team at contact@snapforms.com. When you downgrade, your account will remain at your current plan through the end of your current billing cycle.

Credit Card Details

If you have elected to pay the fees for a Snapforms subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Snapforms may suspend or cancel your Snapforms subscription.

Errors and Problems

Snapforms has implemented processes intended to protect user information and maintain the security of data as well as continuity of service. We have attempted to protect Snapforms’ servers by locating them in areas with security procedures, use of firewalls and implementing other generally available security technologies. These safeguards help prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of data, but no guarantee can be made that your information and data will be secure from intrusions and unauthorised release to third-parties. You can read an overview of our security procedures at https://snapforms.com.au/security-and-reliability/.

Snapforms has a 99.99% service guarantee which is available on the Enterprise plan. You can read about our Service Level Agreement at https://snapforms.com.au/sla/.

Modifications to the Terms

Snapforms may revise and update these terms of use at any time. Your continued usage of the Website or Service after any changes to these terms of use will mean you accept those changes. Upon any modification to this document, the last modified date located within this page will be updated. It is important you regularly review this document, as ongoing use of Snapforms’ products inherits acceptance of this document in full.

General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this Website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Snapforms with respect to the subject matter hereof.

  1. Snapforms reserves the right, at any time to suspend use of any Services due to the failure to meet the guidelines as set out in terms of use, or due to any change in your website or business practices that voids the guidelines and requirements of service as set out in the requirements upon purchase.
  2. The Services available on the Website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Snapforms that you are able to make a legally binding contract.
  3. Your order is an offer by you to purchase a particular service for the price specified on the Website at the time of offer and shall be understood to be placed under these terms of use.
  4. These terms of use may change from time to time and you are required within reason to revisit these before signing up to ensure that you remain aware of any changes to these terms of use.
  5. Snapforms reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the Website, the availability of the product, or an error in your order. Your contract with Snapforms only comes into existence when Snapforms forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of Service logins.
  6. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria, Australia and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
  7. Any suspension of Service due to misuse or breach of Snapforms’ terms are not eligible for any form of refund, pro-rata or otherwise.
  8. Snapforms shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Snapforms shall be excused from performance of their respective obligations, when and to the extent, such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal/political environment, business disruption, accidents, earthquake, flood, hurricane/typhoon/cyclone, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, and/or external telecommunications failure.
  9. You agree that your account will be managed by the company registered at time of registration, and only by this company. Any forms created for use by another company, or created with the intention to be used by another company will void your agreement with Snapforms, and any cancellation arising from such misuse will not be eligible for a refund, pro-rata or otherwise.
  10. Snapforms is not liable for any loss of data due to Service outage or database corruption. By opening an account with Snapforms you agree there is risk involved, and agree to regularly perform and export data stored on Snapforms secure databases and store in your own secure location external to Snapforms systems.
  11. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Snapforms implied by the Goods Act, 1958.