Thank you for selecting the Services offered by Avoss Pty. Limited and/or its subsidiaries and affiliates (referred to as "Avoss", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legally binding agreement between you and Avoss. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing or using the Services, you agree to be bound by the terms in this Agreement. If you do not agree to this Agreement, then you may not use the Services. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.

A. GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Avoss online services provided to you on this website, including Content (defined below), updates and new releases (collectively, the “Services”). This Agreement includes by reference:

• Avoss's Privacy Statement.

• Additional terms and conditions made available to you, which may include those from third parties.

• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

• You can form a binding contract with Avoss;

• You are not a person who is prohibited from receiving the Services under the laws of Australia; and

• You will comply with this Agreement and all applicable local, state and territory, national, and international laws, rules, and regulations, including applicable trade regulations.

2. YOUR RIGHTS TO USE THE SERVICES 

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Avoss within this Agreement. Avoss reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Avoss grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

• Provide access to or give any part of the Services to any third party.

• Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.

• Decompile, disassemble, or reverse engineer the Services.

• Make the Services available on any file-sharing or application hosting service.

3. PAYMENT AND TAXES

For Services offered on a payment or subscription basis, the following terms apply, unless Avoss or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a.  Payments will be billed to you by Avoss in Australia Dollars (AUD), or other currencies which may be made available (plus any and all applicable taxes, including without limitation GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

b.  You must pay with one of the following:

1. A valid credit card acceptable to Avoss;

2. A valid debit card acceptable to Avoss;

3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

4. By another payment option Avoss provides to you in writing. 

c.  If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your use of the Services. Where we suspend your account, we will cease the suspension once you provide us with accurate, current and complete payment and registration information, however we may still exercise our right of termination at any time during such suspension if you have not (at that time) done so. Before we exercise our right of termination, we will endeavor to inform you (using the registration information we hold) and give you a reasonable period of time to correct the failure. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination. Any discounts or promotional offers or pricing that you currently enjoy will be voided permanently if your account is suspended or terminated and the price for your account will revert to the then current retail (or if applicable, wholesale) price.

d.  If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e. Avoss will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated in accordance with this Agreement.

f.  Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVOSS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: 

(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

(ii) ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

5. YOUR PERSONAL INFORMATION

You can view Avoss’s Privacy Statement provided with the Services, which is also made available on the website for the Services. You agree to the applicable Avoss Privacy Statement and any changes published by Avoss and notified to you via the website. You agree that Avoss may use and maintain your data according to the Avoss Privacy Statement, as part of the Services. This means that Avoss may use your data to improve the Services or to design promotions and to develop new products or services. Avoss is a global company and may access or store personal information in multiple countries, including countries outside of Australia to the extent permitted by applicable law.

6. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

a. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Avoss a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content (including where Content available through the Services becomes inaccessible because we have removed your rights to access or view that Content) and for keeping backups of any Content you provide through your use of the Services. You must provide all required and appropriate warnings, information and disclosures. Avoss is not responsible for any of your Content that you submit through the Services. You must provide all required and appropriate warnings, information and disclosures. Avoss is not responsible for any of your Content that you submit through the Services.

b. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

i.   Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;

ii.   Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

 iii.    Except as permitted by Avoss in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

 iv.    Virus, Trojan horse, worm or other disruptive or harmful software or data; and

Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6.2  Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Avoss or could subject Avoss to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that is prohibited under this Agreement; (v) any other activity that places Avoss in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Avoss system or network or to breach Avoss’s security or authentication measures, whether by passive or intrusive techniques. Avoss reserves the right to not authorize and may suspend or terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above ("Breach"). Upon suspension or termination, you must immediately stop using the Services. If we suspend your account, we will endeavor to inform you (using the registration information we hold) and give you a reasonable period of time to correct the failure. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination. Any discounts or promotional offers or pricing that you currently enjoy will be voided permanently if your account is suspended or terminated and the price for your account will revert to the then current retail (or if applicable, wholesale) price.

You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by Avoss.

You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store "critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person. You are responsible for keeping backups of any Content which you provide through your use of the Services.

6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Avoss does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Avoss is not responsible.

6.4 Avoss may freely use feedback you provide. You agree that Avoss may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Avoss a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Avoss in any way.

6.5 Avoss may monitor Content. Avoss may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Avoss or its customers, or operate the Services properly. Avoss, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 

7. ADDITIONAL TERMS

7.1 Avoss does not give professional advice. Unless specifically included with the Services, Avoss is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Avoss Services. You may be offered other services, products, or promotions by Avoss ("Avoss Services") by any means, including telephone, email or SMS. You may opt out of receiving any such offers at any time by following the instructions set out in the promotion or by contacting customer care here. Additional terms and conditions and fees may apply to those other Avoss Services. With some Avoss Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Avoss permission to use information about your business and experience to help us to provide the Avoss Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services. You grant Avoss permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Avoss permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

7.3 Communications. Avoss may be required by law to send you communications about the Services or third party services that may affect the use of an Avoss product. You agree that Avoss may send these communications to you via email or by posting them at one or more of our sponsored websites, such as https://sitecheck.one. You consent to receive these Communications electronically or by any other means. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.

The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.

In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by selecting the "I Accept" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.

If you later decide that you do not want to receive future Communications electronically, please notify us by contacting customer support. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.

You agree to notify us promptly of any change in your email address. You can do so by logging into the Client Company Setting tab here at https://sitecheck.one/sitecheck/admin/user/settings. By providing us your telephone number (including a wireless/cellular telephone), you consent to receiving calls from Avoss at that number.

 7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Avoss if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOSS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, CONDITION, REPRESENTATIONS AND GUARANTEES, EXPRESS OR IMPLIED RELATING TO THE SERVICES OR THIS AGREEMENT NOT CONTAINED IN THIS AGREEMENT, INCLUDING ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVOSS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVOSS’S, ITS AFFILIATES’ AND ITS SUPPLIERS’ LIABILITY FOR THE BREACH OF ANY IMPLIED CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY WHICH CANNOT BE EXCLUDED IS (IF ANY LEGISLATION SO PERMITS) LIMITED TO THE MAXIMUM EXTENT SUCH CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY CAN BE LIMITED UNDER APPLICABLE LAW.

8.3 AVOSS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

 8.4 NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION, IMPLIED OR IMPOSED BY ANY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THIS MAY INCLUDE THE AUSTRALIAN CONSUMER LAW (“ACL”) WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES.

8.5 IF ANY GUARANTEE, WARRANTY, TERM OR CONDITION IS IMPLIED OR IMPOSED IN RELATION TO THIS AGREEMENT UNDER THE ACL OR ANY OTHER APPLICABLE LEGISLATION AND CANNOT BE EXCLUDED (A “NON-EXCLUDABLE PROVISION”), AND AVOSS IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN THE LIABILITY OF AVOSS FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT AVOSS’S OPTION:

IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR

IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

9. LIMITATION OF LIABILITY AND INDEMNITY

SUBJECT TO AVOSS’S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY OF AVOSS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), IN EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST CAUSE OF ACTION GIVING RISE TO A CLAIM. SUBJECT TO AVOSS’S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVOSS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO: (1) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; (2) CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE; (3) LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT; OR (4) USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET AVOSS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF AVOSS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF AVOSS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

FOR THE AVOIDANCE OF DOUBT, AVOSS DOES NOT EXCLUDE LIABILITY WHICH CANNOT BE EXCLUDED UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA.

You agree to indemnify and hold Avoss and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and costs, arising out of: (i) your use of the Services in breach of any laws or regulations; (ii) your breach of clauses 2.2, 6, or 12 of Section A of this Agreement; (iii) any breach by you of any third party rights (including intellectual property rights); (iv) your willful breach of this Agreement (v) your breach of clauses 5 or 10 of Section B of this Agreement; or (vi) any other breach of this Agreement, (collectively referred to as "Claims"). Avoss reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Avoss in the defense of any Claims.

10. CHANGES 

We reserve the right to modify this Agreement, and to change or discontinue the Services, in whole or in part, in our sole discretion, at any time ("Modification"). Where Avoss believes a modification is not materially detrimental to you, the Modification will be effective when posted through the Services or on our website for the Services or when we notify you by other means. Where Avoss believes that a Modification may be materially detrimental to you, Avoss will provide with at least 30 days notice of such Modification . It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications. Where a Modification is materially detrimental to you, you may no later than 30 days after the Modification comes into effect terminate this Agreement by giving notice in writing to Avoss, in which case the Agreement will terminate 30 days after your termination notice is received and Avoss will refund you any fees paid in advance for the period beyond the date of termination.

11. TERMINATION

Avoss may, in its sole discretion and without notice, restrict, deny, terminate this Agreement and/ or suspend the Services, effective immediately, in whole or in part, if we determine that your use of the Services: (i) violates the Agreement; (ii) is in violation of a law or regulatory requirement; (iii) is in a manner not contemplated by this Agreement; (iv) is improper or substantially exceeds or differs from what would be reasonably considered normal use by other users; (v) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; (vi) to protect the integrity or availability of the Services or systems and comply with applicable Avoss policy; (vii) if you no longer agree to receive electronic communications; or (viii) or if your use of the Services conflicts with Avoss’s interests or those of another user of the Services. If we suspend your account, we will endeavor to inform you (using the registration information we hold) and give you a reasonable period of time to correct the failure. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination . Any discounts or promotional offers or pricing that you currently enjoy will be voided permanently if your account is suspended or terminated and the price for your account will revert to the then current retail (or if applicable, wholesale) price.

Upon suspension or termination, you must immediately stop using the Services. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination. Avoss may terminate a free account at any time upon 7 days notice. 

Sections 2.2 through 17 will survive and remain in effect even if the Agreement is terminated (whether under this Section 11 or any other Section).

12. EXPORT AND TRADE RESTRICTIONS 

You acknowledge that the Services, its related website, online services, and other Avoss Services, including the mobile application, delivered by Avoss may be subject to restrictions under applicable export control laws in certain countries. You agree that you and your personnel will use the services under the laws of Australia or other applicable jurisdiction. You will comply with all applicable laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly. 

13. GOVERNING LAW 

The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of that state.

14. DISPUTES 

All disputes, controversies or claims in connection with this Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber Of Commerce (“ICC Rules”), by a single arbitrator mutually agreed to by the parties appointed in accordance with the ICC Rules. The place of arbitration shall be Sydney, Australia, and all proceedings, including required notices and requests to the parties shall be conducted in the English language. Each party may select its own counsel, including foreign counsel to participate on its behalf. The parties may engage in mutually agreed to, reasonable discovery subject to the ICC Rules. The award by the arbitrator shall be final and binding on the parties, and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Notwithstanding the foregoing, the parties agree that each party has the right to seek, to the extent permitted under the laws of any relevant jurisdiction, temporary or permanent injunctive or other similar relief in any court of other authority of competent jurisdiction in respect of any claims of breach of confidentiality or for an order of specific performance or other relief. Each party will be responsible for its own costs of arbitration.

Avoss does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Avoss prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

15. FORCE MAJEURE

15.1 Notwithstanding any other provision of this Agreement, neither party will be liable for any failure to perform its obligations under this Agreement (other than an obligation to pay a monetary amount) to the extent that performance is delayed, prevented, restricted or interfered with for any reason outside that party’s control (“Force Majeure Event”). A Force Majeure Event includes COVID-19 and any actions taken in response to it.

15.2 The party unable to perform its obligations must:

 Notify the other party of any delay, restriction or interference referred to in Section 15.1 within a reasonable period of time of becoming aware of it; and

Use all reasonable efforts to minimize the effect of the Force Majeure Event and resume performance in accordance with this Agreement.

 16. LANGUAGE 

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

 17. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and Avoss regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Notwithstanding in the preceding sentence, nothing in this Agreement limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during this Agreement, where such liability cannot lawfully be excluded. Any license of Avoss software or purchase of Avoss services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Avoss, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of Avoss. However, Avoss may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Avoss; or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Avoss via an email to: help@sitecheck.one.

1. SERVICES 

Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”:

1.1. BudgetsPro. BudgetsPro is an online solution for businesses to perform cost control and project planning tasks through an online account;

1.2. SiteCheck. SiteCheck is an online solution for businesses to perform Site Compliance and monitoring of trades various documents of performing works on site;

2.   USERS

2.1. Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services.

2.2. For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are Avoss customers, but that you are responsible for your Additional Users’ access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services. If you are a user of our Payroll Services, you may be required to contact the Master Administrator of your account to control certain aspects of your personal information in accordance with our Privacy Statement.

2.3. For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account. 

2.4. Disputes between Users. In the event of a dispute between: (i) an Administrator or Additional User of a Service; and (ii) the business to which the Service relates (“Client”), we may, at the request of the Client or in our absolute discretion:

(a) transfer the Administrator rights to the Service to the Client (or to an authorised representative of the Client); and

(b) remove or limit your rights to access, delete, copy, or view the Content and data held on the Service.

We will endeavour to provide you with reasonable prior notice before taking any action to transfer, remove, or limit your rights under this clause, but will not be liable if no notice is provided to you. If you are the User that pays for a Service license and we remove your rights to access or view Content or data held on that Service, you will be required to make any payments owing for your use of the Services up to and including the date of removal. If you have already paid for your subscription, we will refund you an amount for the remaining portion of your current monthly or yearly license as at the date of removal, and will cancel all future subscription payments for that Service.  

2.5 Providing Clients access. If you are a Client requesting transfer of Administrator rights to a Service under clause 2.4, or using any self-service tool to transfer Administrator rights or billing responsibility from your advisor to yourself, before granting you such rights we may:

(a) require that you agree to our General Terms of Service and these Additional Terms and Conditions, if you are not already a User of the Service; and

(d) if you are not the User that pays for the Service, we may require that you pay all future monthly or yearly license fees in respect of that Service in accordance with clause 3 (and those fees may differ from the licence fees paid by any previous User).

2.6 Rights at law unaffected. Nothing in clauses 2.4 and 2.5 affects any rights that a User or Client may have at law to request access to their personal information or consumer data under the Privacy Act 1988 (Cth) or the Competition and Consumer (Consumer Data Right) Rules 2020. 

3.   SUBSCRIPTION

3.1. Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service. 

3.2. Subscription Cancellation. The Administrator may, at any time, notify us if he or she wants to cancel or terminate the subscription prior to the beginning of the new subscription period. In the event that Avoss is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Avoss has fulfilled your subscription term. Fees for the Services are not eligible for any pro-ration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Avoss is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.

4.   TRIAL VERSIONS AND BETA FEATURES 

4.1. Trial Version. If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial ("Trial Period"). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you, and you will be solely responsible for compliance of your tax payment and filing obligations, as applicable to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the Services, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial and we will not be responsible for any tax payments and filing obligations.

4.2. Beta Features. From time to time, we may include new or updated beta features in the Services (“Beta Features”). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. To the maximum extent permitted by law, you acknowledge and agree that all use of any Beta Feature is at your sole risk.

5.   DATA

5.1. ADMINISTRATOR OR USER Personal Data. Unless otherwise stated, you agree that Avoss will, alone or jointly with others, determine the purposes and means of the processing of personal data inputted into our products and services in accordance with our Privacy Statement. If you are providing data to us that is not personal to you, you warrant and agree that you have obtained all necessary consents and permissions from, and provided all necessary disclosures to, the owner of such personal data (being the person(s) to whom such personal data relates) i, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to Third Party Products that you approve, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that Avoss may provide data in your account to any Additional Users to which that data is applicable or personal to.

5.2 ADMINISTRATOR OR USER Time Personal Data. You represent and warrant to us that you have provided appropriate notice and obtained all consents and rights necessary for us to process the Personal Information collected in connection with the Services and this Agreement in accordance with applicable law and the Avoss Privacy Statement. You acknowledge that Avoss may require you to provide additional notices and obtain additional consents in a form specified by Avoss in order to use particular features of the Services and that if you do not provide those notices or obtain those consents then you will not be permitted to use those features.

5.3. Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Avoss customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Avoss, for information and guidance purposes only, and Avoss and such User are not responsible in any way for your use the Account Content.

5.4. Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Avoss may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Avoss sending text messages containing security codes to your telephone number. You agree to receive these texts from Avoss containing security codes as part of the MFA process. In addition, you agree that Avoss may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Avoss may use your telephone number to contact you about special offers or other Avoss or third party products or services unless and until such time that you opt out of such marketing. You may opt out of receiving such offers or information about other Avoss or third party products or services at any time by following the instructions set out in the communication or by managing your communication preferences in your account.

6.   OTHER PRODUCTS AND SERVICES

6.1. Third Party Products. By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, unless specifically contemplated in these Terms otherwise, you agree that you are solely responsible for your relationship with the provider of the product. Avoss is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Avoss, are solely responsible for their own actions or inactions. Avoss is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Avoss or any other party or in furtherance of criminal, fraudulent or other unlawful activity. 

6.2. Data Transfer Service

(a) We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third Party Products or other online Avoss services (the “Ancillary Services”) that you sign up for or use in connection with the Services (the “Data Transfer Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Avoss and you expressly appoint Avoss as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant Avoss the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise. 

(b) You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of Avoss or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service. 

6.3. Data Receipt Service.

(a) We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the “Data Receipt Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Avoss and you expressly appoint Avoss as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant Avoss the right to transfer data to the Services, and to reformat and manipulate your data as reasonably necessary for the data to function with the Services. After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to confirm. 

(b) You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of Avoss or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not Avoss, are solely responsible for their own actions or inactions. Avoss is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. 

(c)  We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services. You will only have access to the Data Receipt Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service. Your most recent data from a Third Party Product or Ancillary Service may not always be available in the Services. Any data obtained through the Data Receipt Service will be made available in the Services, and will be subject to the terms and conditions of this Agreement, including our Privacy Statement.

6.4. Sales and Use Tax Services.

(a) SUT Services may include some or all of the following: (i) the setting and periodic update of tax codes in ADMINISTRATOR OR USER, which shall be the sales tax rates of tax agencies that govern the locations of your company and your customers, based upon your ADMINISTRATOR OR USER settings (“Tax Locations”); (ii) the setting and periodic update of tax rates for certain transactions, whether flagged as non-taxable or specific rates based on your ADMINISTRATOR OR USER settings (“Tax Rates”); (iii) applying the correct Tax Rate and Tax Location to your ADMINISTRATOR OR USER sales transactions, based upon your ADMINISTRATOR OR USER settings; and/or (iv) lodging electronically with the Australia Tax Office (“ATO”) certain of your statements, including BAS forms (the “Lodging Service”). The SUT services will not include the collecting and remitting of tax payments on your behalf, and you will be responsible for remitting tax payments in full and in a timely manner. You may use the SUT Services only with your use of ADMINISTRATOR OR USER.

(b) If you utilize the Lodging Service, your request will be transmitted to the applicable taxing authority ("Electronic Filing"). You are responsible for verifying the status of your Electronic Filing and its acceptance by the applicable taxing authority, and for lodging such filing outside the SUT Services in the event that the taxing authority rejects the Electronic Filing. SUT Services are based upon information you provide. You confirm and acknowledge that Avoss does not verify the accuracy, correctness or completeness of information you provide. You confirm and acknowledge that Avoss will not be responsible for any fines or penalties that may be levied as a result of information provided to Avoss which may be inaccurate, incomplete or otherwise untimely. By using the SUT Services to prepare and submit your Electronic Filing, you consent to the disclosure to the applicable tax or revenue authority of all information pertaining to your use of the Electronic Filing. Avoss does not represent that the Electronic Filing will be available at any given time and reserves the right to discontinue submission of Electronic Filings. By using Electronic Filing, you acknowledge that: the Electronic Filing may not be available or able to be transmitted to the taxing authority at all times, Avoss is not responsible for any late payments or related penalties charged by a taxing authority except as expressly provided in this Agreement, and Avoss cannot represent you in tax matters.

(c) You hereby grant Avoss a limited power of attorney to initiate any reasonably necessary actions on your behalf in order to provide you with the SUT Services. As part of the Electronic Filings, we may require you to provide your electronic signature to certain forms or documents required by Avoss or state/federal tax agencies. Your signature on these forms may be required to use the SUT Services. By using the SUT Services, you acknowledge that you have read the content of the forms, and hereby authorize us to apply your electronic signature or a rendition of your signature to all required forms. Copies of signed forms will be provided to you, and you agree to save a copy of any confirmation or signed forms that Avoss provides to you for your records. If you revoke your permission for us to use your electronic signature, the SUT Services will terminate.

(d) Avoss will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. In the event that Avoss becomes aware of any tax agency information that is inaccurate, Avoss reserves the right to input the correct information. Avoss will not be liable in any way if the SUT Services available to you cannot be performed completely or accurately because of anything not reasonably within our control, including problems with the Internet or inaccurate or incomplete information you provide to us. If any Avoss error occurs in performing the SUT Services available to you, our only responsibility will be to file the correct report and pay any resulting tax interest or penalty. In no event will we be liable for any indirect, special or consequential damages. If these remedies fail of their essential purpose, Avoss’s maximum liability will equal the fees you have paid to Avoss for the applicable Service subscription as otherwise described in this Agreement.

6.5. Service Providers. We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a “Service Provider”). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.

7.  NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR 

NEITHER AVOSS NOR SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. AVOSS IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. BudgetsPro & SiteCheck Self-Employed is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through BudgetsPro & SiteCheck Self-Employed may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstance.

8.  ONLINE NOTIFICATION AND DISCLAIMER

8.1 Avoss will provide you with account-related notifications due to inaction on the account, confirmation of information and reminders to categorize your transactions. These notifications will be sent to the email address you have provided as your primary email address when you register for the Service. Anyone with access to your email will be able to view the content of these notifications.

 8.2 You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Avoss does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Avoss shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you in reliance on a notification.

9. COMMUNICATION SERVICES

We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services (“Communication Services”). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to Avoss’s use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. Avoss’s systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services

12. APPLE REQUIREMENTS

If you downloaded the Services from the Apple iTunes Store the following apply:

12.1. Acknowledgement: You acknowledge that this Agreement is between you and Avoss only, and not with Apple, and Avoss, not Apple, is solely responsible for the Services and the content thereof.

12.2. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.

12.3. Maintenance and Support: Avoss and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

12.4. Warranty: Avoss is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services in the Apple iTunes App Store to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Avoss’s sole responsibility, as between Avoss and Apple.

12.5. Product Claims: Avoss, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

12.6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12.7. Legal Compliance: You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.8. Developer Contact Info: Direct any questions, complaints or claims to: Avoss Pty Limited, 121 Myers St, Geelong VIC 3220.

12.9 Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.

12.10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.