Terms of Use

Welcome to Easy Pay Slip Pty Ltd Terms of Use. Easy Pay Slip Pty Ltd [ACN 617 423 104] simplifies the payroll process, making it accessible and affordable for small business owners to create and manage their own payroll without incurring hefty accountancy fees. In addition, Easy Pay Slip is programmed so that at all times the small business owner is compliant with rules and regulations regarding taxation, employee entitlements and the payment of superannuation.

Small business owners can save thousands of dollars each year in accountancy fees and many hours in attempting to navigate and comply with technical legal and accountancy obligations. Easy Pay Slip allows users to choose from one of 3 tiers depending on their staffing levels. For payments made through our website there is a small monthly fee, Starting at $8.80 a month for business with one to four staff, Rising to $12.95 for businesses with one to six staff, and to $19.95 for business with one to ten staff, Businesses with over ten staff incur an additional $2.00 per month per staff member over the number of ten. The Easy Pay Slip app allows you to seamlessly upgrade as your staffing levels increase, and with your obligation being limited to a month-to-month contract, you can be sure to keep costs to a minimum.

For plans purchased through the Apple app store, choose from one of 3 tiers depending on their staffing levels. Starting at $8.99 a month for businesses with one to four staff rising to $12.99 for businesses with one to six staff and to $19.99 for businesses with one to ten staff.

Please read this document carefully. It governs your commercial relationship with us and sets out legally binding provisions which regulate your use of our website including any desktop and mobile versions of it, and any of our associated smart phone applications and the services that we make available through our website and applications. To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e. those in the left hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

1. Acceptance and modification of these Terms of Use

1.1. You may only access, browse and use our website including any desktop and mobile versions of it, and any of our associated smart phone applications, and the services that we make available if you accept these Terms of Use. By accessing, browsing and/or using our services, you will be
deemed to have confirmed that you have read and understand, and wholly and unconditionally
agree to be legally bound by, and accept, these Terms of Use and any information linked to from
these Terms of Use including any Privacy Policy).
1.2. We may modify and/or replace these Terms of Use from time to time without notice, (except where we deem it necessary to obtain your consent to a change or we consider it necessary to advise you of a change – in which case We will notify You of the update using the email address that You entered when you registered for Easy Pay Slip).
1.3. We will always upload the latest version of these Terms of Use to this webpage.
1.4. If you do not wish to accept these Terms of Use, You must not and cannot use the Website and/or Application or any part of it and/or any service provided through it.
1.5. By registering and/or using this service you warrant that you are of legal age and mental capacity to form a binding contract with us.

2. Definitions and Interpretation

2.1. Definitions In these Terms of Use:

Application means the Easy Pay Slip mobile phone application.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in New South Wales. Business Hours means 9:00am – 5:00pm on Business Days.
Easy Pay Slip Pty Ltd means Us, We, Our.
Easy Pay Slip Organisation means You, Your Organisation, Business, Body.
Gross Pay means the payment made to an employee before deductions, taxation and superannuation. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights. Moral Rights has the meaning given in the Copyright Act 1968 (Cth). Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law. Net Pay means the payment amount made to an employee after the deduction of tax, superannuation and other deductions.
Pay Roll Activity means the collecting of employee details, including tax file number, the inputting of hourly rates, hours worked, holiday and other employee entitlements, superannuation provisions/entitlements, and employee status, in order to make appropriate payments, accrue entitlements and provide Pay Slips to Staff.
Pay Slips means a PDF document containing individual staff members worked hours, accrued entitlement, gross pay, net pay and superannuation benefits.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Privacy Policy means Our Privacy Policy located in Settings and on our website link https://easypayslip.com/docs/Privacy_Policy.pdf
Product means our services and our software as provided through our Website and/or Application.
Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time and constituting a legal agreement that governs your use of the Website and/or Application.
We, Our and Us means Easy Pay Slip Pty Ltd [ACN 617 423 104 PO BOX 819 Spit Junction NSW 2088
Website means the www.easypayslip.com website, as amended from time to time. You means you and any entity who is registered on the Website and/or Application as a Registered Easy Pay Slip Organisation.

2.2. Interpretation
In these Terms of Use:
(a) Headings and underlining’s are for convenience only and do not affect the construction of these Terms of Use.
(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
(c) Currency refers to Australian dollars.
(d) A reference to a statute or regulation includes amendments thereto.
(e) A reference to a clause, sub clause or paragraph is a reference to a clause, sub clause or paragraph of these Terms of Use.
(f) A reference to a sub clause or paragraph is a reference to the sub clause or paragraph in the clause in which the reference is made. (g) A reference to time is to time in the State of New South Wales.
(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity. (i) The words “includes”, “including” and similar expressions are not words of limitation.

3. Services Description

The levels of services provide by Us include;
(a) Free Trial means a one-month free trial, commencing on the day you register your Organisation as an Easy Pay Slip Organisation either through our Website or Application.
(b) Paid Subscription Tier One Organisation means an Organisation which has one to four members of staff and pays a monthly fee of $8.80 per month.
(c) Paid Subscription Tier Two Organisation means an Organisation which has one to six members of staff and pays a monthly fee of $12.95 per month.
(d) Paid Subscription Tier Three Organisation means an Organisation which has one to ten members of staff and pays a monthly fee of $19.95 per month.
(e) Paid Subscription Tier Four Organisation means an Organisation which has more than ten members of staff and pays a monthly fee of $19.95 per month plus $2.00 per month for each additional member of staff.

The services relevant to each Tier Organisation are as follows:

(f) Full access to the full suite of Services offered via the Website and/or Application.
(g) No additional charge to use either the Website and/or Application.
(h) Easy upgrades as Staff levels increase.
(i) Full access to online support and updates.

3.1 Apples app Store Subscriptions
The levels of services provide by Us include;
(a) Free Trial means a one-month free trial, commencing on the day you register your Organisation as an Easy Pay Slip Organisation either through our Website or Application.
(b) Paid Subscription Tier One Organisation means an Organisation which has one to four members of staff and pays a monthly fee of $8.99 per month.
(c) Paid Subscription Tier Two Organisation means an Organisation which has one to six members of staff and pays a monthly fee of $12.99 per month.
(d) Paid Subscription Tier Three Organisation means an Organisation which has one to ten members of staff and pays a monthly fee of $19.99 per month.

Subscriptions will be charged to your credit card through your iTunes account. Your subscription will automatically renew unless cancelled at least 24 hours before the end of the current period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current period. The paid subscription period will start after the end of the free trial period, if offered.

4. Access and use of the Website and/or Application by unregistered users

4.1. Unregistered users of the Easy Pay Slip website and/or application may browse the Website but may not use the Website and/or Application Services.
4.2. Registered users may access and use the Website and/or Application for your internal business purpose and in accordance with these terms of use. This includes the right to download and use the software on compatible devices that you own or control. You may permit your employees or agents to use the Website and/or Application on your behalf, but you must remain responsible for their acts, omissions and compliance with these terms.

5. Registration

5.1. We reserve the right to accept or reject any person’s registration on the Website and/or Application in Our absolute discretion.
5.2. If You submit an application to register with Easy Pay Slip, You:
(a) will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
(b) will be deemed to have irrevocably warranted that You applied for registration on behalf of and with the authority and consent of any business entity that you entered into the Account registration form; and
(c) Will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.
5.3. You must ensure that you provide a valid email address at the time of registration.
5.4. We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Website and/or Application if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.
5.5. If any of your contact details or other information which you provide during the application process change, you must promptly update those details in your Easy Pay Slip Account with Your up-to-date details and information.
5.6. You must not provide Your Easy Pay Slip Account name or password to any person except a duly authorised officer of your organisation. You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of Your Easy Pay Slip Account (including unauthorised use).
5.7. You must immediately notify us if you become aware of any unauthorised use of Your Easy Pay Slip Account.

6. Registered plans and Service Charges

6.1. Only Organisations who have registered with Easy Pay Slip and have an Easy Pay Slip Account (“Registered Easy Pay Slip Organisations”) may access the Website and/or Application Services.
6.2. You agree and acknowledge that if you become a Registered Easy Pay Slip Organisation you will have a non-exclusive, non-assignable, non-sub licensable, revocable right to access the Website and/or Application Services for the purposes expressly described in the Services Description.
6.3. You agree not to rent, lease, reproduce, modify, create derivative works of, distribute or transfer the Website and/or Application and the source code contained therein.
6.4. You agree that you will not use the Website and/or Application for the benefit of a third party or incorporate the source code contained therein into any other product or service.
6.5. You agree that you will not circumvent the mechanisms in the Website and/or Application intended to limit your use, reverse engineer, disassemble, decompile, or translate the source code of the software.
6.6. You agree that you will not submit any viruses, worms or other harmful code to the Website and/or Application.
6.7. Each Registered Easy Pay Slip Organisation must pay the fees and charges set out in the Services Description (or as otherwise agreed between Us and the Registered Easy Pay Slip Organisations in writing) for the plan selected during signup for a Registered Easy Pay Slip Organisation Account, in consideration for the Registered Easy Pay Slip Organisation’s subscription to the Services (“Service Charges”) at the time and in the manner set out in the Services Description, plus any GST that is applicable in respect of the supply of the Services to the Registered Easy Pay Slip Organisations. Any applicable GST is payable at the same time as the Service Charges.
6.8. If the Services Description specifies a minimum term for any subscription plan, then the subscription of a Registered Easy Pay Slip Organisation for the Website and/or Application Services is for that minimum term (“Minimum Term”) and, unless otherwise specified in the Services Description, cannot be cancelled or terminated by the Registered Easy Pay Slip Organisation prior to the expiry of the Minimum Term.
6.9. Upon expiry of the Minimum Term, the Registered Easy Pay Slip Organisation’s subscription to the Services shall automatically renew for subsequent successive terms equal to the Minimum Term (each a ‘Renewal Term’) on the same terms and conditions, unless either We or the Registered Easy Pay Slip Organisation provides written notice prior to the expiry of the Minimum Term or any Renewal Term, in which case the Registered Easy Pay Slip User Organisation’s subscription to the Website and/or Application Services shall terminate at the end of the Minimum Term or the then current Renewal Term, as applicable.
6.10. A Registered Easy Pay Slip Organisation may only access the Website and/or Application Services solely for the purpose(s) specified in the Services Description and subject to the provisions set out in the Services Description and in these Terms of Use.
6.11. You must pay all costs associated with accessing the Website and/or Application, including internet access costs, web browser and computer and Smartphone equipment costs, telecommunications costs, data costs, and roaming charges.
6.12. Without limiting Our rights and any other provision of these Terms of Use, if a Registered Easy Pay Slip Organisation fails to pay the Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Registered Easy Pay Slip Organisation’s access to the Website and/or Application Services and its Registered Easy Pay Slip Organisation Data hosted on the Website and/or Application.

7. Payment Gateway

7.1. We utilise a third party payment gateway (“Payment Gateway”) to process payments made to us via the Website and/or Application.
7.2. If You are, or if You become a Registered Easy Pay Slip Organisation, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
(a) That the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b) that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that you understand that acknowledge that We are not responsible for the performance or nonperformance of the Payment Gateway;
(c) that you have relied on your own independent assessment and judgment in determining whether the Payment Gateway meets your requirements.

8. Responsibility for and ownership of Registered Easy Pay Slip Organisation Data

8.1. If you are a Registered Easy Pay Slip Organisation, We agree that as between you and Us, You own all data that you upload into the Website and/or Application Services (“Registered Easy Pay Slip Organisation Data”).
8.2. You agree that by becoming a Registered Easy Pay Slip Organisation that you grant Us a worldwide, non-exclusive royalty free right to use, copy, store, transmit, publicly perform and display, create derivate works of and modify any of Your data in order to provide you with our Services through the Website and/or Application and otherwise to operate, improve and maintain our Product. This includes Easy Payslip’s distribution of Easy Payslips containing your data. We may instruct contractors and subcontractors to provide our Product and permit them to exercise our rights under these Terms of Service.
8.3. You agree and acknowledge that:
(a) the Website and/or Application Services and/or Your Registered Easy Pay Slip Organisation Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and
(b) We may not own or operate the infrastructure upon which the Website and/or Application Services and/or the Registered Easy Pay Slip Organisation Data is hosted.
8.4. If You are a Registered Easy Pay Slip Organisation, You warrant, agree and represent that:
(a) You will only upload, input and transfer Registered Easy Pay Slip Organisation Data into and/or via the Website and/or Application Services or disclose Registered Easy Pay Slip Organisation Data to Us, which Youare fully entitled and authorised to upload, input, transfer and disclose; and
(b) Your Registered Easy Pay Slip Organisation Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Website and/or Application Services, will not breach any applicable law or right of any person.
8.5. Each Registered Easy Pay Slip Organisation is solely responsible for the accuracy, legality and quality of all its Registered Easy Pay Slip Organisation Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Registered Easy Pay Slip Organisation Data in connection with the provision of the Website and/or Application Services.
8.6. If you are a Registered Easy Pay Slip Organisation, except in respect of any Non-Excludable Guarantee, You agree that you, not us, are solely responsible for backing up and archiving all Registered Easy Pay Slip Organisation Data.
8.7. If you are a Registered Easy Pay Slip Organisation, You acknowledge that your access to Your Registered Easy Pay Slip Organisation Data that is hosted by the Website and/or Application Services is subject to your compliance with these Terms of, including payment of any applicable Service Charges.
8.8. Except in respect of any Non-Excludable Guarantee, You agree that we are not responsible for any loss, corruption or hacking of any Registered Easy Pay Slip Organisation Data.
8.9. You agree that we are not responsible to Back-up your data, you are responsible for backing up your data on your systems, and we expressly disclaim all other storage obligations to the extent permitted by applicable law.
8.10. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registered Easy Pay Slip Organisation Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registered Easy Pay Slip Organisation Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.

9. Availability of Services

9.1. Subject to clauses 9.2, 9.3 and 9.4, while you are a Registered Easy Pay Slip Organisation of the Website and/or Application, We agree to use our best endeavors to procure hosting of the Services and the Registered Easy Pay Slip Organisation Data and to ensure that the Website and/or Application Services are available.
9.2. The availability of the Website and/or Application Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Website and/or Application Services Description, and any planned and/or unplanned maintenance of the Website and/or Application and/or Our hosting providers.
9.3. You agree and acknowledge that the accessibility and use of the Website and/or Application, the Website and/or Application and the Registered Easy Pay Slip Organisation Data hosted by the Website and/or Application is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website and/or Application and/or Website and/or Application Services and/or Registered Easy Pay Slip Organisation Data operate, interface with or connect to, and that We are not responsible for any non performance of the Website and/or Application associated with any of those matters.
9.4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Website and/or Application, Website and/or Application Services or Registered Easy Pay Slip Organisation Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or Your customers may have against Us in respect of any interruption, error or unavailability of the Website and/or Application Services or any Registered Easy Pay Slip Organisation Data.

10. Usage Restrictions

10.1. You may not make any use of the Website and/or Application except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with any legal requirements place on you and also Our Intellectual Property Rights in the Website and/or Application, Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website and/or Application or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website and/or Application or any content You obtain via the Website and/or Application (other than Your Registered Easy Pay Slip Organisation Data). In addition, You must not, nor may You permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or Application and/or any content in the Website and/or Application (except any of Your Registered Easy Pay Slip Organisation Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Website and/or Application in any way that infringes Our rights or the rights of any third party;
(d) use the Website and/or Application to create any product or service that competes with the Website and/or Application; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website and/or Application.
10.2. You must not use the Website and/or Application or any part of the Website and/or Application in any way which is in breach of any statute, regulation, law or legal right of any person.
10.3. You must not use the Website and/or Application or any part of the Website and/or Application in breach of these Terms of Use.

11. Acceptable Use Policy

11.1. You agree that:
(a) using the Website and/or Application to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
(b) using the Website and/or Application in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
(c) using the Website and/or Application in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms of Use; (d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use; (e) revealing Your account password to others or allowing use of Your Easy Pay Slip Organisation Account by others is strictly prohibited by these Terms of Use; (f) using another person’s name, username or password or otherwise attempting to gain access to the Easy Pay Slip Organisation Account or other account on the Website and/or Application, of any other person, is strictly prohibited by these Terms of Use;
(g) using the Website and/or Application to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
(h) using the Website and/or Application to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(i) using the Website and/or Application to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
(j) using the Website and/or Application to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
(k) using the Website and/or Application to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
(l) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website and/or Applications strictly prohibited by these Terms of Use;
(m) sending unsolicited email messages through or to users of the Website and/or Application in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
(n) using the Website and/or Application to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
(o) use of the Website and/or Application in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms of Use

12. Intellectual Property Rights

12.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
12.2. As between You and Us, except in respect of Your Registered Easy Pay Slip Organisation Data, We own all Intellectual Property Rights in the Website and/or Application.
12.3. You have no rights in the Website and/or Application or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to these Terms of Use.
12.4. You agree that any Intellectual Property Rights in any comments that You or Your personnel may provide to Us in connection with the Website and/or Application or requests for new Website and/or Application features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You or Your personnel uploading or posting that Improvement Suggestion to the Website and/or Application or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You or Your personnel provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website and/or Application , pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions and you must procure the equivalent consent from any of your relevant personnel.
12.5. You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the Website and/or Application or otherwise.
12.6. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Your Registered Easy Pay Slip Organisation Data or with respect to the rights granted to You by these Terms of Use to use the Website and/or Application.

13. Responsibility for other users

13.1. We do not accept responsibility for the conduct of any users of Our Website and/or Application.
13.2. If you believe that another user of Our Website and/or Application has breached these Terms of Use please contact us.
13.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website and/or Application. Before entering into any transaction with any other user of the Website and/or Application, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions. 13.4. The foregoing clause in no way implies or represents legal advice from us to you.
13.5. Any dispute you have with another user of Our Website and/or Application is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of Our Website and/or Application and in respect of any content uploaded by or on behalf of any user into the Website and/or Application

14. Responsibility for third party claims

14.1. You agree and acknowledge that You are solely responsible for, and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
(a) Your use or misuse of the Website and/or Application;
(b) the information you have uploaded onto the Website and/or Application; and/or
(c) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

15. App-Specific Provisions

15.1. The provisions of this clause 15 apply only to your use of the Easy Pay Slip Smartphone application that you upload to the Apple App Store or Google Play (each, an app).
15.2. You agree that this Terms of Use is an agreement between you and us and not between you and Apple, or you and Google. As between Us and Apple Inc., and as between us and Google Inc., We are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms of Use.
15.3. In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to Your use of a version of the app downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the app to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be Our sole responsibility.
15.4. You and We each acknowledge that, subject to clause 15.5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the app or Your possession and/or operation of the app, including, but not limited to:
(i) product liability claims made in respect of the app;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation in respect of the App.
15.5. Notwithstanding the provisions of clause 15.2, 15.3 and 15.4, and for the avoidance of doubt, You agree:
(a) to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the app and any other claims, losses, liabilities, damages or expenses) which relate to Your acts or omissions;
(b) You, and not us, will be solely responsible for any of the matters referred to in clauses 15.2, 15.3 and 15.4to the extent they are caused or contributed to by you.
15.6. We and You each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the app.
15.7. You represent and warrant that (I) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
15.8. We and You each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of these Terms of Use, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third party beneficiary of these Terms of Use.

16. Hyperlinks

16.1. We do not represent, recommend or endorse any websites to which we have linked from the Website and/or Application via hyperlink or otherwise.

17. Liability

17.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website and/or Application is accurate, correct, up-to-date or error free.
17.2. The information on the Website and/or Application is not professional advice. You agree that you will seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the Website and/or Application.
17.3. To the extent possible by law, we are not liable to you for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
17.4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Website and/or Application, or with respect to any of the circumstances addressed in clause 14.1.
17.5. Any goods and services supplied by Us through the Website and/or Application (which for the avoidance of doubt, includes the Website and/or Application Services supplied by Us, but does not include goods or services supplied by any user or Registered Easy Pay Slip Organisation of the Website and/or Application to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
17.6. If the goods or services supplied by Us to You through the Website and/or Application (which for the avoidance of doubt, includes the Website and/or Application Services supplied by Us, but does not include goods or services supplied by any user or Registered Easy Pay Slip Organisation of the Website and/or Application to any person)are supplied to You in Your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services supplied by Us to You through the Website and/or Application are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
17.7. Where you are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide the following mandatory statement to you: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
17.8. Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
17.9. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
17.10. To the extent that our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to you is limited to the aggregate sum of the Service Charges paid by you to us.
17.11. You agree and acknowledge that:
(a) the Website and/or Application Services provide functionality for the creation and management of Pay Slip Activities;
(b) We bear no association, relationship, or other responsibility for or to Your provision, actions, or inactions relating to Pay Slip Activities or to third parties;
(c) You release and indemnify us for any claims, losses, costs and damages that We may suffer or incur directly or indirectly as a result the Pay Slip Activities that You provide (either independently or together with third parties) to any person.

18. Insurance Requirements

18.1. You are responsible for obtaining your own insurance policies in relation to Pay Slip Activities and the employment of persons for any roles within your organisation.

19. Termination

19.1. We may terminate these Terms of Use and Your access to the Website and/or Application or any part of it at any time by written notice to you.
19.2. You may terminate these Terms of Use and Your access to the Website and/or Application at any time by written notice to us.
19.3. We may take down the Website and/or Application or any part of it or take the Website and/or Application or any part of it offline at any time without notice where reasonably necessary to protect our commercial interests.
19.4. Termination of these Terms of Use and access to the Website and/or Application does not affect any accrued rights of either party.
19.5. Upon termination we may delete all your data in our possession.

20. Notices

20.1. Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to You, We shall use your contact details for your Easy Pay Slip Organisation Account.
20.2. You may contact us or send a notice to us using our contact details that are specified on our website at info@easypayslip.com. 20.3. Any notice issued by hand shall be deemed delivered upon delivery.
20.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 3 weeks after posting if posted internationally.
20.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email
20.6. We may send you email or other electronic messages concerning Your Easy Pay Slip Organisation Account and the Website and/or Application from time to time.

21. General

21.1. Other rights: All rights not expressly granted to us in these Terms of Use are expressly reserved by us.
21.2. Amendment: These Terms of Use may be amended by us at any time. If you are a Registered Easy Pay Slip Organisation, We will notify you of the amendments by providing notice in writing (including via email).
21.3. Assignment: You may not assign, transfer, license or novate your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate our rights or obligations under these Terms of Use at any time.
21.4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
21.5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
21.6. Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but we do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, we do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
21.7. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
21.8. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales, Australia. You and we irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales Australia.