Terms and Conditions

1. Accepting these terms

These Terms and Conditions ("Terms") govern your use of the Tradie Pocket Pal mobile app, our website at tradiepocketpal.com.au, and related services (together, the "App"), provided by BOINTZ TECH PTY LTD (ABN 37 697 350 851) ("Tradie Pocket Pal", "we", "us" or "our").

By creating an account or otherwise using the App, you agree to these Terms. If you don't agree, please don't use the App.

We may change these Terms from time to time. If a change is significant, we'll let you know in the App or by email before it takes effect. If you keep using the App after a change takes effect, you agree to the updated Terms.

2. Who can use the app

By using the App, you confirm that:

• you are at least 18 years old and able to enter into a binding contract;
• you are using the App for your business, and if you use it on behalf of a company or other business, you are authorised to accept these Terms on its behalf; and
• the information you give us is accurate and you'll keep it up to date.

The App is designed for businesses in Australia. Because you use it for business purposes, some consumer protections may apply differently — see clause 12.

3. The app

Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the App to run your business.

We may update, change, add or remove features from time to time, including to fix problems, improve security or meet legal requirements. During early access, features may change more often and some may not work perfectly. We'll take reasonable steps to give you notice before removing a feature you rely on.

We'll do our best to help if you have a problem, but we don't guarantee support will be available at any particular time or within any particular timeframe.

4. Your account

You need an account to use the App. You're responsible for keeping your sign-in details secure and for everything that happens under your account. Tell us straight away if you think someone else has accessed it.

You can delete your account at any time. What happens to your data when you do is explained in clause 13 and in our Privacy Policy.

5. Your data

"Your Data" means everything you enter or upload into the App, including your business details, clients, jobs, quotes, invoices, payments, expenses, notes, photos, receipts and signatures.

• You own it. We don't claim ownership of Your Data.
• We use it only to run the App for you. You give us a non-exclusive, royalty-free licence to host, store, copy, process and display Your Data only as reasonably needed to provide, back up, sync, secure and support the App. This licence ends when Your Data is deleted.
• You're responsible for it. You confirm you have the right to store Your Data in the App, including any personal information about your clients, and that storing and using it doesn't break any law or anyone else's rights.

We may remove or restrict access to Your Data only where we reasonably need to for security, to comply with the law, or because of a serious breach of these Terms. Where we can, we'll tell you first.

6. Your responsibilities

Checking your documents

The App helps you prepare quotes, invoices and expense records, and calculates totals and GST from the information you enter. You are responsible for checking that every quote and invoice is correct before you send it, including prices, quantities, GST, your ABN, your bank details and payment terms. The App doesn't give tax, accounting, legal or financial advice — talk to your accountant or a registered tax agent about your obligations.

Keeping records

You are responsible for keeping any records the law requires (for example, the ATO generally requires business records to be kept for five years). Save or export copies of quotes, invoices and expenses you need to keep, especially before deleting your account.

Acceptable use

You must not:

• use the App for anything unlawful, fraudulent or misleading, including issuing false or misleading invoices;
• store information you don't have the right to store, or use your clients' information in a way that breaches privacy law;
• upload anything unlawful, harmful or offensive, or that infringes anyone's intellectual property;
• upload viruses or harmful code, or try to get around the App's security or access anyone else's account or data; or
• copy, scrape, reverse engineer, overload or interfere with the App or the systems it runs on, except as the law allows.

If you seriously breach these Terms, we may suspend or close your account (see clause 13).

7. Free trial and subscriptions

Free trial

Every new account gets a 14-day free trial with full access to the App. You don't need to give us payment details to start it, and it doesn't turn into a paid subscription by itself. If we announce an early-access period, your trial starts when early access ends. One free trial per business.

Subscriptions

• What you get. A subscription gives you every feature of the App, with no limits on the number of quotes, jobs or invoices. The price, billing period (monthly or yearly) and what's included are shown in the App before you buy. Prices are in Australian dollars and include GST.
• Billing. Subscriptions are bought and billed through the Apple App Store or Google Play, using the payment method in your Apple ID or Google account. We don't receive or store your card details.
• Automatic renewal. Your subscription renews automatically at the end of each billing period, at the then-current price, unless you cancel at least 24 hours before the period ends.
• Cancelling. You can cancel any time in your App Store or Google Play account settings. You keep access until the end of the period you've paid for. Deleting the App or your account doesn't cancel a subscription: cancel it in the store too.
• Refunds. Refunds are handled by Apple or Google under their refund policies. This doesn't limit any rights you have under the Australian Consumer Law.
• Price changes. If we change the price of a subscription, we'll tell you in advance and the store will ask for your agreement where its rules require it. A price change applies from your next billing period.

When there's no trial or subscription

If your trial or subscription ends, your account becomes read-only: you can still open the App, see Your Data, and share, email or export your quotes, invoices and records, but you can't add or change anything, and changes stop backing up. Subscribing again restores full access. We keep Your Data while your account exists, as set out in our Privacy Policy.

Purchases made through the Apple App Store or Google Play are also subject to that store's terms, including its billing, renewal, cancellation and refund rules.

8. Data hosting and backups

We store Your Data using a third-party cloud provider chosen by us. Your synced data is stored in Australia; some account and sign-in information may be held overseas, as set out in our Privacy Policy.

We use reasonable efforts to keep Your Data secure and backed up, and to keep the App available. However, we can't guarantee that the App or our hosting will always be available or free from errors, that Your Data will never be lost or damaged, or that a backup will always be available or complete. Data that hasn't yet uploaded from your phone (for example, because you had no signal) can be lost if your phone is lost, reset or signed out. Please keep your own copies of anything important.

9. Our intellectual property

We (or our licensors) own all rights in the App, including its software, design, text, graphics, logos and the Tradie Pocket Pal name. Apart from the licence in clause 3, these Terms don't give you any rights in them. You must not copy, modify, distribute or sell any part of the App without our written permission, except as the law allows.

If you send us feedback or ideas, we may use them freely without owing you anything.

10. App stores and third parties

The App relies on third-party services, including app stores, payment and subscription management, address lookup, sign-in providers and cloud hosting. Your use of those services may also be subject to their own terms and privacy policies. To the extent permitted by law, we aren't responsible for their availability or for loss caused by them.

If you downloaded the App from the Apple App Store, you also acknowledge that these Terms are between you and us, not Apple; Apple has no obligation to provide support for the App and is not responsible for any claims relating to it; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If anything in these Terms conflicts with the App Store's usage rules, those rules apply.

11. Privacy

We collect and handle personal information as set out in our Privacy Policy, which forms part of these Terms. It explains what we collect, where it's stored, and how and when we delete it.

12. Liability

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) ("ACL") or any other law that can't be excluded. Where our liability for failing to meet a consumer guarantee can lawfully be limited, it is limited to supplying the services again or paying the cost of having them supplied again.

No other warranties

To the maximum extent permitted by law, the App is provided "as is", and all warranties and representations not expressly set out in these Terms are excluded. In particular, we don't promise that the App will be uninterrupted or error-free, or that calculations will be correct if the information entered is wrong.

Limit on our liability

To the maximum extent permitted by law, our total liability to you in connection with these Terms or the App is limited to the greater of the fees you paid us in the 6 months before the event giving rise to the liability, and A$100.

Indirect loss

To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated savings or data, including loss caused by an incorrect quote or invoice, a late or missed payment, or a missed job reminder. This doesn't apply to liability for fraud, personal injury or death, or liability that can't be excluded under the ACL.

Your responsibility

You are responsible for, and release us from, loss caused by information you enter being incomplete, incorrect or out of date, and you agree to compensate us for any third-party claim arising from Your Data infringing someone's rights or from your breach of privacy law.

13. Ending these terms

These Terms start when you first use the App and continue until your account is deleted or closed.

• You can stop using the App and delete your account at any time.
• We may suspend or close your account if you seriously breach these Terms and, where the breach can be fixed, you don't fix it within 10 business days of us telling you about it. We may act immediately if needed to protect the App, other users or the public, or to comply with the law.
• We may also stop offering the App altogether. If we do, we'll give you at least 30 days' notice so you can export your records, and you won't be charged for any period after we stop.

When your account is deleted or closed, you'll lose access to the App and Your Data, and we'll delete Your Data within 90 days as set out in our Privacy Policy. Clauses that by their nature should continue (including clauses 9, 12 and 14) survive.

14. Disputes

If you have a dispute with us, please contact us first with details of the problem. Both of us will try in good faith to resolve it. If it isn't resolved within 14 days of that notice, either of us may take legal action. This doesn't stop either of us seeking urgent relief from a court.

15. General

• Governing law. These Terms are governed by the law of Victoria, Australia, and you and we submit to the courts of Victoria and courts that can hear appeals from them.
• Notices. We may send notices to the email address on your account or show them in the App. You can send notices to us at the email address below. An email notice is treated as received 24 hours after it's sent, unless the sender knows it wasn't delivered.
• Events outside our control. We aren't liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, outages at our providers, or government action.
• Transfer. You can't transfer your rights under these Terms without our written consent. We may transfer ours to someone who takes over the App, as long as they agree to be bound by these Terms and our Privacy Policy.
• Severance. If any part of these Terms is invalid or unenforceable, it is removed to that extent and the rest continues to apply.
• Waiver. If we don't enforce a right straight away, we haven't waived it unless we say so in writing.
• Entire agreement. These Terms, together with our Privacy Policy and the terms of any paid plan you choose, are the whole agreement between you and us about the App.

16. Contact us

Bointz Tech Pty Ltd
Email: support@tradiepocketpal.com.au