General Terms & Conditions Of Use

Last Updated 9 June 2020

1. About the Website

Welcome to https://paperform.co (“Website”). During your free trial, or once you have purchased an Essentials Plan, Pro Plan or Agency Plan, (collectively, “Plans”), you can use the Website to quickly and easily build custom forms with a range of features including taking payments, booking and scheduling functionality, custom emails, integrations, and more (the “Services”).

We, Paperform Pty Ltd (ACN 615 732 682) (“Paperform”, “us”, “we”, “our”) own and operate the Website and provide the Services.

2. Acceptance of these Terms

Please read these Terms and Conditions (the “Terms”) carefully. These Terms, our Privacy Policy and all other policies related to the Website and Services form the entire legal agreement between you and us.

By creating an Account, using the Services, and/or purchasing a Plan you will be taken to have read, understood and agree to be bound by these Terms. You may also accept these Terms by clicking to accept the Terms where this option is made available to you.

If you do not agree with the Terms, you must stop using the Website, or any Services, immediately.

You may not use the Services or accept the Terms if you are not of legal age to enter into a binding contract with us.

If you are agreeing to these Terms or registering an Account on behalf of a company or organisation, you warrant and agree that you have the authority to bind the company or organisation to these Terms and that the company or organisation will be bound by these Terms. We reserve the right to change the Terms at our sole discretion at any time by reasonable notice to you including by posting revised Terms on the Website. Any changes to the Terms take immediate effect and shall be binding on you from the date of their posting on the Website.

3. Registration

In order to access the Services, you must first register for an account through the Website (”Account”). As part of the registration process, and as part of your continued use of the Services, you will be required to provide some personal information including your email address and to create a preferred username and password.

For Agency Plans, you may also be required to provide relevant business and contact information.

You warrant that any information provided to us during the Account registration process is accurate, correct and up to date. You are solely responsible for protecting your registration information. Sharing your registration information with any individuals or third party is strictly prohibited and may result in the immediate cancellation of your Subscription and Services.

If your registration information changes, you must promptly update your Account information to reflect those changes.

You are responsible for maintaining the confidentiality and integrity of your Account and password and are responsible for all use and activity carried out on your Account. You must immediately notify us of any unauthorized use of your registration information and/or any breach of security of which you become aware.

Once you have completed the registration process, you will be a registered member of the Website (”Member”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until either the end of the free trial period, or if you have purchased a Subscription, until the Subscription Period expires or is cancelled.

4. Free Trial

When you register for a new Account, you will be able to access the full features of a paid Plan for 14 days at no charge.

While we will default your free trial as a Pro Plan, you can change your trial Plan at any time during the free trial through your Account settings.

At the end of the free trial, we may at our discretion offer to extend the period of your free trial, which we will do by notifying you via email.

5. Subscription to use the Services

Once you have registered an Account or at the end of the free trial, you will be required to purchase a subscription (“Subscription”) and pay the applicable fee for the selected Subscription (“Subscription Fee”) to continue using some of the Services and the Plans.

By purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you select is suitable for your use.

Your subscription will start when you have paid the Subscription Fee and will continue until the end of the subscription period you have selected (“Subscription Period”). At the end of the initial Subscription Period, your Subscription will automatically renew for a further Subscription Period on the same terms as the initial period, unless you cancel your Subscription before it renews.

We may but are not obligated to send you any renewal notices or other reminders at the end of the Subscription Period. It is your sole responsibility to monitor your Account and promptly advise us of any changes to your Account or Subscription, including cancellations.

6. Your Obligations as a Member

As a Member, you must:

1. use the Services only for lawful purposes that are permitted by the Terms;
2. not create Accounts with us through unauthorised means, including by using an automated device, script, bot, or other similar means;
3. not use the Services or Website to promote or partake in any illegal or unauthorized conduct, including but not limited to, the collection of email addresses for the purposes of sending unsolicited or unauthorized advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited correspondence prohibited by law;
4. not knowingly post or upload any materials, contact or URL links that contain any software or computer viruses that will interfere with the Services, Website or any third party’s authorised use of the Services and Website;
5. not upload, post, e-mail, transmit or otherwise make available any content that is in violation of any third party’s intellectual property rights or any laws protecting intellectual property in any jurisdiction;
6. not upload, post, e-mail, transmit or otherwise make available any content that violates an individual’s rights to publicity or privacy;
7. not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, and you will not use the Services and Website to harass, threaten, impersonate or intimidate any other person or entity; and
8. use the Services in full compliance with all applicable laws, regulations, and practices, including but not limited to providing data subjects with appropriate notice as required under the EU's General Data Protection Regulation.

You acknowledge and agree that:

1. access and use of the Website are limited, non-transferable and allowed for the sole use of the Website by you for the purposes of using the Services;
2. commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. We will take appropriate legal action for any illegal or unauthorized use of the Services and Website;
3. any automated use of the Website and/or its Services is prohibited; and
4. we reserve the right to deny anyone access to an Account, the Services or Website at any time and for any reason.

7. Member Content

We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete any material, content, data or information created, generated or transmitted by you through the Website (“Member Content”).

You are solely responsible for Member Content that you post, publish, or otherwise transmit through the Website.

In addition to these Terms, we may, from time to time, provide guidelines or restrictions on the content that may or may not be included in your forms or Member Content.

You may only request credit/debit card details via the checkout of a secure payment gateway integrated with the Services (such as Stripe, PayPal Business, Square, Braintree, etc.). If you request credit card information or other sensitive information (such as social security numbers), our system will automatically notify us, and we will review the content of the form.

We reserve the right to remove, delete or take down at any time and without justification to you any forms or Member Content that you create through the Website and Services that actually or apparently breach these Terms or the intellectual property rights of any third party.

8. Relationship between Members and respondents

We are not a party to any contractual relationship between you and your customers or form respondents. You are solely responsible for all aspects of your relationship with your customers or form respondents, including:

1. entering into suitable contractual arrangements;
2. providing products or services, and honouring any bookings made through the Services; and
3. collecting payment and arranging refunds, if applicable.

You are also responsible for ensuring that your customers or form respondents are aware that their personal information may be or is being provided to and processed through the Website and Services, including, if necessary, obtaining their consent to such usage.

9. Special Terms for Agency Plan

If you have subscribed to the Agency Plan through the Website or are accessing the Services through your company’s Agency Plan, then this clause 9 applies to your Subscription.

The Agency Plan provides business with three account types:

1. Admin is the owner of the Agency Plan and has full access and control over the forms created by the company, the Plan account settings and the employees or clients that are able to access the forms;
2. Users can create and update forms and view submissions on behalf of the company; and
3. Viewers are able to read forms and submission results only.

Admins must:

1. ensure that all Users and Viewers are aware of and agree to comply with these Terms, and all applicable laws;
2. only provide access to Users and Viewers that maintain an association with the Agency or its customers for the purposes of providing commercial or charitable services (as the case may be);
3. maintain the confidentiality and integrity of all registration information, password and are responsible for all use and activity carried out on the Admin Account. Sharing registration information with other individuals or third parties may result in immediate cancellation of the Account and Agency Plan;
4. immediately advise us of any security breaches or unauthorised use of registration information; and
5. comply with all Member obligations in clause 6 of these Terms.

Users and Viewers must:

1. (a)maintain an association with the Agency or its customers for the purposes of providing commercial or charitable services (as the case may be) or else cease to access the Services;
2. (b)maintain the confidentiality and integrity of all registration information, password and are responsible for all use and activity carried out on your Account. Sharing registration information with other individuals or third parties may result in immediate cancellation of the Account and Agency Plan;
3. (c)immediately advise your Admin of any security breaches or unauthorised use of registration information; and
4. comply with all Member obligations in clause 6 of these Terms.

A breach of these Terms by an Admin, User or Viewer will be taken to be a breach by the company and we may, at our sole discretion, suspend or terminate the company’s Plan as a result of a breach.

10. Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of credit card payment.

All payments made in the course of your use of the Services are made using payment processing services provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (”Stripe”). In using the Website, the Services and/or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe’s Connected Account Agreement, which includes the Stripe Services Agreement.

Where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

We can change and/or amend the Subscription Fee at any time and the amended Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

11. Refund Policy

We will only provide you with a refund of the Subscription Fee if you are unable to use or access all or a material part of the Website or Services for a prolonged period as a result of a significant failure or defect in the technology. Where this occurs, we will provide you with a prorated refund.

A refund in accordance with this clause is your only remedy in the event of any downtime or defect in the technology. We will not be liable to you for any other compensation, including for business interruption or loss of business.

We will not provide a refund for any other reason including but not limited to your change of mind, claims of unused time, or your failure to cancel your Subscription with sufficient notice.

12. Copyright and Intellectual Property

The Website, Services and all of the related products and content are our property and are subject to laws in Australia and other countries through international treaties. Unless otherwise indicated, all copyright, trademark and other proprietary or intellectual property rights in the Website and in the Services and in all text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements, interactive features and all other materials on or in the Website or Services (together, “Paperform Content”) are owned, controlled and are reserved to us and/or our contributors. Nothing in these Terms or your use of the Website and Services transfers any rights, title or interest to you in relation to the Paperform Content.

All trademarks, service marks and trade names (collectively the “Marks”) are trademarks and/or registered trademarks owned by us and/or third party owners that have granted us a license to use such Marks on the Website and Services. Our Marks may not be used in connection with any website, product and/or service without our prior written consent and the permission of any other relevant rights owners.

You must not modify, copy, display, reproduce, publish, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Paperform Content without our express written consent.

13. Copyright infringement notice

We respect the intellectual property rights of others and require that the individuals and businesses/organizations that use the Website and Services do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to the address listed below (“Notice”):

1. a detailed description of the copyrighted work that you claim has been infringed upon;
2. a detailed description of the alleged infringing activity, the URL where the alleged infringing material is located on the Website and a screenshot and/or printout of the alleged infringing material;
3. a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
4. your full contact information, including your full name and/or the name of your business/organization, mailing address, telephone number and email address; and
5. a statement by you that the information in your Notice is accurate and that you are the copyright owner and/or are authorised to act on the copyright owner’s behalf.

Copyright infringement contact Information:

Email: legal@paperform.co

Address: Law Squared Level 19, 114 William Street Melbourne VIC 3000 Australia Telephone: (03) 9008 5954

If your Notice does not comply with the requirements set out above, then we may notify you as such and will not investigate the complaint or take any further action until we receive a compliant Notice.

14. Dealing with copyright complaints

If we receive a copyright infringement Notice in accordance with clause 13 above, we will review the Notice and investigate the infringement claim as quickly as possible.

We may, at our sole and absolute discretion:

1. immediately takedown any alleged infringing content;
2. give the infringing Member 48 hours, or such other timeframe we consider appropriate, to amend the form or create a new form that does not infringe any other Member or third party’s intellectual property before taking down the infringing content;
3. request further information or evidence from the complainant; or
4. if we are not able to determine the proper copyright owner or are not reasonably satisfied that the content does or is likely to infringe another Member or third party’s intellectual property, take no further action.

We will provide written notice to all relevant parties of any action taken by us, or the outcome of any investigation conducted by us, as soon as practicable.

We reserve the right to terminate any Subscription Plan if there are more than 3 repeat instances or complaints of copyright infringement against a specific user. Where a Subscription is purchased under the Agency Plan, 3 repeat copyright infringements committed by either the Admin, Users or Viewers will result in our termination of the business/organization’s Agency Plan.

15. Links to Third Party Websites

The Website may include links to third party websites. We do not control or endorse any third party websites.

You agree and acknowledge that we are not responsible for:

1. the availability of third party websites;
2. any content, advertising, products or other materials on or available from these third party websites;
3. any damage or loss directly or indirectly caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any third party website.

16. Privacy

We take your privacy seriously and any information provided through your use of the Website or Services are subject to our Privacy Policy, which is available on the Website and at https://paperform.co/privacy.

17. General Disclaimer

Use of the Website and Services is solely at your own risk. The Website and Services are provided to you "as is" and "as available" without warranty or representation of any kind. We make no warranty or representation that any result or objective can or will be achieved using the Website or Services, or that the Website or Services will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times.

None of the affiliates, directors, officers, employees, agents, contributors and licensors of Paperform make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;
2. the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of our products; and
4. the Services or operation in respect to links which are provided for your convenience.

18. Limitation of Liability

Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to the resupply of the Services to you.

You expressly understand and agree that we and our employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

Nothing in the Terms limit or exclude any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

19. Indemnity

You agree to indemnify and hold harmless Paperform, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

1. your Member Content;
2. your relationship with your customers and form respondents;
3. any alleged or actual copyright infringement or infringement of third party intellectual property rights by you;
4. your access or use of the Website, Services, and/or Paperform Content; and/or
5. any breach of the Terms by you.

20. Termination

The Terms will continue to apply until terminated by either you or us as set out below.

If you want to terminate the Terms, you may do so at any time by cancelling your Subscription through your Account settings.

We may at any time, terminate the Terms with you, or suspend or deny your access to any or all of the Website or Services, if:

1. you have breached any provision of the Terms or intend to breach any provision;
2. you breach any applicable law;
3. we are required to do so by law;
4. your conduct impacts our name, goodwill, reputation and/or violates the rights of a third party; or
5. the provision of the Services to you by us is, in our opinion, no longer commercially viable.

We reserve the right to cease operating the Website and Services, without notice and for any reason.

21. Effect of Termination or cancellation

If these Terms are terminated in accordance with clause 20 then:

1. you will still be able to access your Account to view previous form submissions;
2. you will not have access to the full functionality of the Services or Plans;
3. you will not be able to edit or publish your existing forms or create new forms; and
4. we will not be liable to you for any costs, losses or damages arising as a result of terminating your access to the Services.

We will not hold onto your data or Account indefinitely. If we need to remove your Account and delete your data (including previous form submissions), we will provide you with written notice in advance so that you may download or back up any data before we remove your Account.

22. Dispute Resolution

Any dispute, controversy or claim (“Dispute”) arising out of or relating to the Terms shall be exclusively resolved by binding arbitration, rather than in court as set out in this clause 22.

The complaining party must give written notice to the other party detailing the nature of the Dispute (“Dispute Notice”).

Upon receipt of the Dispute Notice, the parties must agree to meet at an agreed location or via video or teleconference within 30 days of the Dispute Notice to attempt to resolve the Dispute in good faith.

If within 30 days of the Dispute Notice, the Dispute is not resolved, the complaining party may only seek remedies through arbitration. The demand for arbitration shall be made within a reasonable time after the 30-day Dispute Notice period has expired, and in no event shall it be made after 2 years from when the complaining party knew or should have known of the Dispute.

The arbitration will be held in New South Wales, Australia and be conducted by the Australian Centre for International Commercial Arbitration under its rules.

Both parties agree that any dispute resolution proceeding will be conducted only on an individual basis and not in class consolidation or representative actions. Both parties also agree that either party may bring suit in court to enjoin infringement or other misuse of any intellectual property rights.

All communications concerning negotiations made by the parties arising out of and in connection with this clause 22 are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

23. Applicable Laws and Jurisdiction

The Terms are governed by the laws of New South Wales, Australia.

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, the part deemed void or unenforceable shall be severed from the Terms and shall not affect the validity and enforceability of the remaining provisions in the Terms.

25. Contact

Please feel free to contact us with any questions, comments or concerns, regarding these Terms and/or our Privacy Policy. You can also contact us via email at legal@paperform.co.

26. Data Processing Terms

To the extent that the EU General Data Protection Regulation (EU) No. 2016/679 applies to our relationship with you and that we process personal information as a data processor based on your instructions, the Data Processing Terms (https://paperform.co/terms-data-processing-agreement) shall apply and are binding on the parties.