Sooya Software Products Terms of Use

Desktop Applications & Cloud Software Provider

1. About Terms of Use

These Terms do not exclude, restrict or modify:
  1. the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL),
  2. the exercise of any right or remedy conferred by the ACL; or
  3. the liability of Sooya Software for a failure to comply with any applicable consumer guarantees where to do so would:
    1. contravene the ACL; or
    2. cause any part of these provisions to be void.

2. Acronyms Used in the Terms of Use

ATOAustralian Taxation Office

3. Definitions

BusinessAny Australian company, business, sole trader or an ABN holder
Fees & ChargesSooya Software products subscription and support fees and charges
Minimum TermsSooya Software minimum subscription terms
Personal InformationInformation about an individual as described in the Privacy Act
ProductsSooya Software Products
Tax LawsTaxation Administration Act 1953
UserAn authorised person to use Sooya Software products
WindowsMicrosoft Windows Operating System
We, Us & OurMeans Sooya Pty Ltd, a registered Australian Proprietary Limited
YouMeans the business or an authorised user

4. General Terms

4.1 Services and Minimum Term
  1. Supply: We agree to supply, and you agree to use.
  2. Minimum Term: Your Minimum Term is twelve (12) months.

4.2 User Authentication
  1. Sooya Software products are protected by a username and password, you must take adequate security precaustions to ensure only autherised persons can gain access to Sooya Products. You must ensure that the default Admin's password is changed and a strong password is provided for all user accounts
    1. You should not share users password with non-authorised personal
    2. You should change users password frequently
    3. You should delete or disable users belonging to persons that no longer work for the business
    4. If you think a user login password is compromised then you should reset that user's password immediately
  2. You agree to be liable if your login details are used by an unauthorised person

4.3 Users Responsibilities
  1. You must agree that you as a user will not:
    1. reverse-engineer, reverse-assemble, decompile, or alter the product source codes;
    2. copy, reproduce, alter, modify, or publicly display, any part of any content from Sooya Software Product, except where we have given you permission;
    3. use Sooya Software Product in way that is prohibited by law, regulation or government;
    4. use Sooya Software Product in a way that could harm anyone else's use of it;
    5. use Sooya Software Product to gain unauthorised access to any information;
    6. use Sooya Software Product to send spam emails.
  2. It is your responsibility to comply with the Australian Tax Laws. We are not liable for your failure to meet your obligations under the tax laws from record keeping to any data that you input into Sooya Software Product.
  3. It is your responsibility to backup your business files. We are not liable for any loose of data and we do not keep any copy of your business files in any media or form.

4.4 Intellectual property
  1. Your subscription gives you a non-exclusive and non-transferable licence to use Sooya Product
  2. We retain our intellectual property rights and these terms do not give you any:
    1. intellectual property to our software, documents, logos, business names, templates; or
    2. other intellectual property
  3. You and your staff members must not reproduce or modify these intellectual property rights.

4.5 Fees & Charges
  1. You must pay all Fees due to us in relation to your use of Sooya Product on the due date
  2. We may change the fees by giving you a 30 days notice before the change takes effect
  3. If you terminate your Sooya Product subscription before the end of the Minimum Term, then you will not be entitled to any refund.
  4. Your subscription will commence from the date of purchase and will continue for a full 12 month period, expiring on the same day in 12 months' time. Once an annual subscription has commenced, it cannot be cancelled or refunded
  5. Sooya Product displays reminder notice prior to the expiry of your subscription. If you do not choose to renew, your subscription will be terminated and your business file will be flaged as read only.

5. Termination
5.1 Termination by licence holder
  1. Termination date will be the last day of the current period of your subscription.
  2. Your current subscription will cease on the last day of it is effective date, unless otherwise you pay the full subscription fees for the next 12 months.

5.2 Termination by Sooya Software
  1. Special Circumstances: There are circumstances where we can suspend or terminate your Sooya Software Products subscription without prior notice. However, we will notify you of your subscription termination or suspension at the earliest possible time:
    1. A breach occurs: you fail to remedy a material breach of these Terms within 7 days of us giving you notice of the breach.
    2. A change to the licence holder business: business go into bankruptcy, administration or liquidation or there is a change to who owns and controls the business.
    3. A threat to Sooya Software Product: in our opinion it is necessary to protect the integrity and reputation of Sooya Software Products and to protect our interests.

5.3 Terminated subscription
When a subscription is terminated, you and other Users will be able to access your business files as read-only files. If the current Sooya Software Product version is no longer supported, you will no longer be able to download the relevant version from our website. You should however keep a copy of our product version in the event of a product re-installation.

6. Liability, warranties, representations and indemnities
  1. To the extent permitted by law our liability to you for any non-compliance with a statutory guarantee or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms or any breach by us of these Terms however arising (whether for breach of these Terms (including negligence), statute, custom, law or on any other basis) is limited to:
    1. the resupply of Sooya Software Product; or
    2. the payment of the cost of resupply of Sooya Software Product.
  2. All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).
  3. You acknowledge and agree that nothing in these Terms is intended to limit any of the liability terms and exclusions set out in the software licence agreement for your Sooya Software product.