Jifie Website Terms & Conditions of Use
1. About the Website
(a) Welcome to www.Jifieiq.com (the 'Website'). The Website allows you to access and use the Jifie platform (the 'Services').
(b) The Website is operated by JIFIE PTY LTD, ABN 647543084. Access to and use of the Website, or any of its associated Products or Services, is provided by JIFIE PTY LTD. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) JIFIE PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JIFIE PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
(a) The Jifie platform is a cashflow management tool for business owners and operators as well as organisations that assist and support business owners. Services include reporting, management and communication of outstanding invoices and the ability for invoice payers to access payment providers for the payment of outstanding invoices or the funding of payable invoices outstanding.
(b) Jifie PTY Limited offers users differing access-based accounts depending on customer organisation size, employee roles and the type of business at its full discretion. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time and may be governed by separate terms which apply specifically to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given this type of account access. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by account-specific terms.
4. Acceptable use of the Service
(a) Jifie platform, its related features, and website must only be used lawfully. JIFIE PTY LTD reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
- (i) To engage in any act that would disrupt the access, availability, and security of the Jifie platform and other related JIFIE PTY LTD services, including but not limited to:
- (A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance of the Jifie platform or other JIFIE PTY LTD services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
(D) Compromising the integrity of our system, including probing, scanning, and testing the vulnerability of our system unless expressly permitted by JIFIE PTY LTD.
(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with JIFIE PTY LTD or any related or unrelated third party
(e) To access or search any part of the Service, or any other Service owned by JIFIE PTY LTD other than our publicly supported interface, or otherwise allowed for in an applicable Platform Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of Jifie Website Terms or Platform Agreement and user policy
5. Security and Data Privacy
6. Data Use
7. Disclosure And Consent
(a) To access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). After purchasing a Subscription, you will be considered a member (‘Member’).
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself and your business (such as identification or contact details), including but not limited to your name, email address, contact number, accounting software providers, credit card, accountant or bookkeeper details, internal staff users of the platform and other related personal or business credentials.
(e) You warrant that any information you give to JIFIE PTY LTD while completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
(g) Subscription agreements are for a twelve (12) month period beginning from the date of first subscription payment. Subscription payments are to be paid in advance of the service provided and they auto renew annually in perpetuity unless cancelled (refer clause 13 regarding ‘Termination of Contract’).
(h) You may not use the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with JIFIE PTY LTD; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Services
(a) Subject to the terms of any applicable Platform Agreement or related services agreement, the Subscription Fee may be paid by all payment methods available on the Jifie platform and these options may change from time to time.
(b) Payments made during your use of the Jifie platform may be made using third-party applications and services not owned, operated, or otherwise controlled by JIFIE PTY LTD. You acknowledge and agree that JIFIE PTY LTD will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood, and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for the Jifie platform services.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that JIFIE PTY LTD can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
(e) You agree and acknowledge that Jifie PTY LTD may charge a transaction fee (the ‘Jifie Fee’) for successful collection of an invoice payment using Stripe as the payment facilitator. The ‘Jifie Fee’ will be added to the total invoice value collected on a subscriber’s behalf during the transaction process payable by the payee.
(f) You agree and acknowledge that JIFIE PTY LTD may suspend use of the platform at any time should your Subscription Fee be unpaid for the corresponding period
9. Refund Policy
JIFIE PTY LTD will only provide you with a refund of the Subscription Fee in the event that they are unable to continue to provide the Services or if the manager of JIFIE PTY LTD decides to do so, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
10. Copyright and Intellectual Property
(a) The Website, the Services and all the related products of JIFIE PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by JIFIE PTY LTD or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by JIFIE PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- (i) use the Website pursuant to the Terms.
(ii) copy and store the Website and the material contained on the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) JIFIE PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by JIFIE PTY LTD.
(d) JIFIE PTY LTD retains all rights, title and interest in the Website and application and all related Services. Nothing you do on or in relation to the Website or application will transfer any:
- (i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
(e) You may not, without the prior written permission of JIFIE PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
- (i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) JIFIE PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of JIFIE PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of JIFIE PTY LTD) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website).
(iii) costs incurred as a result of you using the Website, the Services or any of the products of JIFIE PTY LTD; and
(iv) the Services or operation in respect to links which are provided for your convenience.
12. Limitation of Liability
(a) JIFIE PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that JIFIE PTY LTD, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by JIFIE PTY LTD as set out below.
(b) If you want to terminate the Terms, you may do so by:
- (i) not renewing the annual Subscription prior to the end of the annual Subscription Period.
(ii) providing JIFIE PTY LTD with 30 days’ notice of your intention to terminate your monthly subscription in writing and
(iii) closing your accounts for all the services which you use, where JIFIE PTY LTD has made this option available to you.
(c) Any notices pursuant to Clause 13 (i) and (ii) above should be sent, in writing, to JIFIE PTY LTD via the 'Contact Us' link on our homepage.
(d) JIFIE PTY LTD may at any time, terminate the Terms with you if:
- (i) you do not renew the Subscription at the end of the Subscription Period.
(ii) you have breached any provision of the Terms or intend to breach any provision.
(iii) JIFIE PTY LTD is required to do so by law.
(iv) the provision of the Services to you by JIFIE PTY LTD is, in the opinion of JIFIE PTY LTD, no longer commercially viable.
(e) Subject to local applicable laws, JIFIE PTY LTD reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts JIFIE PTY LTD's name or reputation or violates the rights of those of another party.
You agree to indemnify JIFIE PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content.
(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
- (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee.
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(d) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by JIFIE PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.
17. Governing Law
The Terms are governed by the laws of New South Wales Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.