Terms of Use

  1. APPLICATION OF TERMS
      1. By downloading, purchasing and/or using the Hard Hat Accounts application (“App”), the Hard Hat Accounts website, including any tutorials, brochures or material which can be downloaded from the website (“Website”) and/or the product known as Hard Hat Accounts (“the Product”) from Pocket Bookkeeper Pty Ltd (ACN 163 124 847) as trustee for Pocket Bookkeeper Family Trust trading as Hard Hat Accounts (“the Seller”), you agree your use of the App, the Website and the Product (together “the Products”) is subject to:
        1. these terms of use (“Terms”);
        2. the Seller’s disclaimers, waivers and warnings conditions (“Disclaimer Conditions”); and
        3. the Seller’s Privacy Policy (“Policy”),

    (together “the Terms and Conditions”).

    1. Reference to “you” means the person or entity (and/or any other person/entity acting on your behalf) who has downloaded, purchases or uses the Products from time to time.
    2. If you are acting on behalf of another person/entity, you and that other person/entity warrant you are authorised to act on behalf of that person/entity and are capable of binding you and that other person/entity to these Terms and Conditions.
    3. By downloading, purchasing or using the Products in any way you accept and agree to be bound by the Terms and Conditions. If you do not agree with any of the Terms or Conditions, you should immediately stop using the Products.
    4. The Seller reserves the right, in its sole discretion, to change the Terms and Conditions in any manner and at any time without notice to you. The Seller will endeavour to post any changes to the Terms and Condition on the Website as soon as reasonably practicable. You acknowledge it is your sole responsibility to review and check any updates to the Terms and Conditions from time to time. You agree you will be deemed to have notice of any modifications once the Seller posts the changes to the Website and your continued use of the Products shall be deemed acceptance of any changes on and from that time.
  2. ACKNOWLEDGEMENT
    1. Subject to you at all times complying with the Terms and Conditions, the Seller grants you a non-exclusive non-transferable right to use the Products.
    2. You acknowledge and agree:
      1. he Products do not and your use of the Products does not in any way constitute the Seller rendering you a service or providing you with advice of any kind whatsoever;
      2. the Seller does not in any way supply legal, accounting, tax or other professional services and nothing in or related to the Products constitutes the Seller providing you with legal, accounting, taxation, financial, wealth management, superannuation or other professional advice;
      3. your use of the Products does not in any way constitute compliance with any legislation and you must obtain professional advice on your particular circumstances, your individual requirements and compliance with relevant laws;
      4. you are responsible for your use of the Products and the data and information uploaded by you on the Products. You acknowledge the Seller has no control over the information or data uploaded by you to the Products or any results obtained from your use of the Products;
      5. the Seller and its agents, employees or contractors may have the ability to view data or information uploaded by you on the Products. Subject to the terms of the Policy, the Seller will not access the contents of your account without obtaining your prior consent.
  3. PURCHASE OF PRODUCT
    1. You can elect to purchase the Product for a term of:
      1. 1 month; or
      2. (b)12 months,

      (“the Term”). The fee payable by you for use of the Product for the relevant term will be detailed on the Website from time to time and must be paid by you in full in advance.

    2. Subject to condition 3.3, the fee payable for the Product is non-refundable.
    3. If you provide the Seller with written notice within the first 30 days of paying the fee for the Product that you do not wish to continue using the Product for the Term, the Seller will refund all money paid by you for the Product and the provisions of condition 6 will apply. If you or any party related to you in any way (as determined by the Seller) have previously received a refund, the Seller reserves the right not to refund further monies paid by you or any related party for the Product.
    4. If:
      1. you refer another person or entity to use or purchase the Product (“New Buyer”); and
      2. the New Buyer does not request a refund under condition 3.3,

      you will be granted one month fee free use of the Product. Your free month’s use of the Product will be automatically activated and is not capable of being exchanged for cash or any other benefit.

    5. You must pay or arrange payment of all amounts by the due date for payment. Failure to pay amounts by the due date will result in access to the Product being immediately terminated and clause 6.3 will apply. The Seller is not under any obligation to provide you with payment reminders.
    6. You are responsible for activating any payment reminders in your account settings for the Product and you acknowledge payment reminders are used at your own risk and the Seller is not liable in any way whatsoever for any delay or failure for a reminder notice to be issued to you and you are solely responsible for ensuring amounts are paid by the due date.
    7. Once payment for the Product has been made by you, an electronic copy of a tax invoice can be accessed from the Product. If you cannot locate your tax invoice by using the Product, please notify us in writing and we will email your tax invoice to you.
    8. You are responsible for payment of all taxes and duties regarding the Product in addition to the fee payable for the Product, including but not limited to goods and services tax from time to time.
    9. On expiration of the Term, if you have not renewed your use of the Product for another term, your right to use the Product will automatically terminate and condition 6 will apply.
    10. When purchasing the Product, we work to protect security of your financial information by using the latest secure socket layer (SSL) encryption technology. You should ensure you take all measures to protect against unauthorised access to your password and computer.
  4. OBLIGATIONS
    1. When using or accessing the Products, you acknowledge and agree you must:
      1. ensure all usernames and passwords required for you to access the Products are kept secure and confidential and are not disclosed to any other party;
      2. immediately notify the Seller of any unauthorised use of your passwords or any other breach of security and not responsible for loss which occurs as a result of any unauthorised use and you may be held responsible for losses incurred by the Seller or any third party due to any authorised use of your account;
      3. take all other actions the Seller reasonably deems necessary to maintain or enhance the security of and your use of the Products.
    2. When using or accessing the Products, you acknowledge and agree you must not:
      1. copy, reproduce or redistribute the Products (or any part of the Products) in any way without the prior written consent of the Seller;
      2. attempt to undermine the security or integrity of the Seller’s server, computing systems or networks or, where the Products are hosted by a third party, that third party’s computing systems;
      3. interfere with any other person’s use of and enjoyment of the Products;
      4. use or misuse the Products in any way which may impair the Products or systems used to deliver the Products;
      5. use the Products for any unlawful purposes;
      6. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Products are hosted;
      7. transmit, or input into the Website or any other sites or applications regarding the Products, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
      8. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Products;
      9. knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to transmit:
        1. any material that is abusive, threatening, harmful, malicious, defamatory, obscene, pornographic, profane or otherwise unlawful;
        2. any material containing a virus or other hostile computer program;
        3. any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties;
      10. use the Products without obtaining your own professional advice;
      11. alter, modify, reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Products;
      12. sell, market, network, transfer, licence, sub-licence, rent, lend or otherwise dispose of or distribute the Products;
      13. allow any other person or entity to engage in any unlawful or prohibited use in relation to the Products. You are responsible for any and all activities that occur under your account by any person and the Seller is not liable for any loss that you may incur as a result of unauthorised use. You may be held responsible for losses incurred by the Seller or any third party due to any unauthorised use of your account.
  5. PROPERTY
    1. All title and intellectual property rights in the Products including but not limited to trade marks and patents and any documentation regarding the Products remain the property of the Seller.
    2. You agree not to infringe the Seller’s or any third party’s copyright or any other intellectual property rights or common law rights in any of the Products. For example you will not copy, download, re-transmit or disseminate any of the copyrighted material. You also agree not to infringe any trade mark of the Seller or a third party regarding the Products.
    3. All data and information entered in the Products by you, remains your property. Your access to your data and information is subject to you paying all relevant fees to the Seller and complying with the Terms and Conditions.
    4. You grant the Seller a licence to use, copy, transmit, store and back-up your information and data for the purposes of enabling you to access and use the Products and for any other purpose related to your use of the Products.
  6. PROPERTY
    1. If you do not pay any money which is payable by you under the Terms and Conditions, the Seller may immediately terminate your use of the Products without notice to you.
    2. If you breach any of the other Terms or Conditions and do not remedy the breach within 7 days after receiving a notice from the Seller, the Seller may take any or all of the following action:
      1. immediately terminate your use of the Products;
      2. suspend, for any period of time, your use of the Products; and/or

      take either of the actions in (a) or (b) above for any or all other persons whom you have authorised to have access to your information or data.

    3. If your use of the Products is terminated or the Term has expired, the Seller will allow you to access the Products on a “read-only” basis for 60 days after the date of termination or expiry. After 60 days of the date of termination or expiry, the Seller will delete and destroy all of your data and information.
    4. If you are not satisfied with the Products, your sole remedy is to terminate the use of the Products by serving a written notice on the Seller in accordance with condition 3.3. If the notice is not received in accordance with condition 3.3, you will not be entitled to a refund of any monies paid by you for the Products.
    5. The Terms and Conditions will survive termination of your use of the Products. Termination of your use of the Products or expiry of the Term will not prejudice any right which the Seller may have, but for the termination or expiration.
  7. INDEMNITYYou indemnify the Seller and its employees, agents, contractors, associates and affiliates against any and all claims, costs, damages and loss arising from:
    1. any breach or alleged breach of the Terms and Conditions; and/or
    2. any use of the Products,

    by you or any person or entity on your behalf. You acknowledge and agree this condition survives termination or expiration of your use of the Products.

  8. GENERAL
    1. If there is any inconsistency, the Terms and Conditions shall be read in the following order of priority to be extent of any inconsistency, firstly the Terms, secondly the Disclaimer Conditions and thirdly the Policy.
    2. If either party waives any breach of the Terms and Conditions, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    3. The Seller will not be liable for any delay or failure in performance of its obligations under the Terms and Conditions.
    4. You may not assign or transfer any rights regarding the Products to any other entity or person without the Seller’s prior written consent, which may be withheld in its absolute discretion.
    5. The Terms and Conditions are governed by the laws of Western Australia and by accepting to be bound by the Terms and Conditions you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia for any disputes arising out of or in connection with the Terms and Conditions.
    6. The parties agrees to first attempt to negotiate a resolution to any controversy or claim related to the Terms and Conditions (“the Dispute”). Any Dispute which is not resolved by negotiation, will be determined by a single Arbitrator under the provisions of the Commercial Arbitration Act 1985 and the parties for each be represented by a legal practitioner of their choice. The parties agree the arbitration shall be limited to the Dispute between the parties and to the fullest extent permitted by law, no arbitration shall be joined with any other and there is no right or authority for any Dispute to be arbitrated on a class action basis.
    7. If any part or provision of the Terms and Conditions is or becomes invalid, void, unenforceable or in conflict with the law, that part or provision is severed from the Terms and Conditions to the intent that all parts that are not, or do not, become void or unenforceable remain in full force and effect and are unaffected by that severance.
    8. Any notice given under the Terms and Conditions by either party to the other must be by email and will be deemed to have been given on transmission. Notices to the Seller must be sent to contact@hardhatbookkeeper.com.au or to any other email address notified by email to you by the Seller. Notices to you will be sent to the email address which you provided when purchasing the Products or the email address last entered in the “settings” section of your account.
    9. It is your responsibility to ensure the Seller is provided with all of your current contact details, including your email address and you receive and check your emails regularly. The Seller is not liable to you for any loss or damage you may incur as a result of you not providing your current details or not receiving any communication from the Seller regarding the Products.
    10. The Terms and Conditions supersede and extinguish any prior agreements, representations (whether oral or written) and understandings and constitutes the entire agreement between you and the Seller.