NDIS & Home Care Compliance Tools

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.

This is a legal agreement between you ("Customer," "you," or "your") and ERIKOAI PTY LTD (ABN 98 669 777 164) trading as "Auditly Australia" ("Auditly," "we," "us," or "our") governing your access to and use of the Auditly website (auditly.au) and the related compliance tools, policy generation services, and other services (collectively, the "Services").

By registering for, accessing, or using the Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case "Customer" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and may not use the Services.

1. Definitions

"Customer Data" means all information, data, and content you input, upload, or submit into the Services, including answers to setup questions and your branding information.
"Generated Content" means the policies, documents, templates, and other outputs created by the Services based on your Customer Data.
"Subscription" means the paid access plan to the Services you purchase.
"Add-Ons" means additional, purchasable features or services beyond the core Subscription.

2. Account Registration and Security

Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Services.
Account Accuracy: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
Account Responsibility: You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Use of the Services

License Grant: Subject to these Terms, Auditly grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Generated Content for your internal business purposes only during your active Subscription period.
Restrictions: You shall not:
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Services or Generated Content available to any third party, except as expressly permitted herein.
use the Services to build a competitive product or service or for any purpose competitive with Auditly.
modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Services.
use the Services in any unlawful manner or in violation of any applicable regulations or industry codes.

4. Fees and Payment

Subscription Fees: You agree to pay all fees specified in your chosen Subscription plan and for any purchased Add-Ons. Fees are non-refundable except as required by law or as otherwise stated herein.
Auto-Renewal: Subscriptions automatically renew at the end of the subscription period (e.g., monthly or annually) at the then-current rates unless you cancel your Subscription before the renewal date
Payment: You will provide valid and updated credit card information or another form of payment acceptable to Auditly. You authorize Auditly to charge all fees to your chosen payment provider.
Price Changes: Auditly reserves the right to change its fees at any time. We will provide you with at least 30 days' notice of any fee changes affecting your Subscription.

5. Intellectual Property Rights

Auditly IP: Auditly owns and shall retain all right, title, and interest in and to the Services, including all underlying software, technology, know-how, and our pre-existing intellectual property. This includes the structure, layout, and "look and feel" of the Services and all Generated Content, excluding your specific Customer Data.
Customer Data: You retain all right, title, and interest in and to your Customer Data. You grant Auditly a worldwide, royalty-free, non-exclusive license to use, process, and store your Customer Data solely for the purpose of providing and improving the Services.
Generated Content: Upon full payment of all applicable fees, Auditly grants you a perpetual, worldwide, non-exclusive license to use, download, and modify the Generated Content for your own internal business purposes. This license does not permit you to resell, white-label, or commercially redistribute the Generated Content as a standalone product.

6. Disclaimer of Warranties and Limitation of Liability

THIS SECTION IS CRITICAL FOR YOUR RISK ALLOCATION AND LIMITATION OF LIABILITY.

No Professional Advice; "As Is" Basis: THE SERVICES AND ALL GENERATED CONTENT ARE PROVIDED FOR INFORMATIONAL AND OPERATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, COMPLIANCE, OR PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR CONSULTING WITH A QUALIFIED LAWYER OR COMPLIANCE PROFESSIONAL TO ENSURE THAT THE GENERATED CONTENT IS APPROPRIATE, ACCURATE, AND COMPLETE FOR YOUR SPECIFIC SITUATION AND JURISDICTION. YOUR USE OF THE SERVICES AND GENERATED CONTENT IS AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES: THE SERVICES AND GENERATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDITLY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUDITLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDITLY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
ANY GENERATED CONTENT OBTAINED FROM THE SERVICES; AND
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
CAP ON LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, AUDITLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO AUDITLY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Australian Consumer Law:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. Nothing in these Terms is intended to modify or exclude the non-excludable guarantees provided under the Australian Consumer Law.
To the fullest extent permitted by law, our liability for failure to comply with a non-excludable guarantee is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that the limitations of liability and disclaimers in these Terms will apply to you only to the extent permitted by applicable law, and will not apply to the extent that they are precluded by the non-excludable guarantees provided under the Australian Consumer Law.
Essential Basis: The disclaimers and limitations of liability in this section are a fundamental part of the basis of the bargain between you and Auditly and shall apply even if a remedy fails of its essential purpose.

7. Indemnification

You agree to defend, indemnify, and hold harmless Auditly and its licensors, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

a) your violation of these Terms;

b) your use of the Services or Generated Content;

c) your failure to secure appropriate professional advice regarding the suitability of the Generated Content for your business; and

d) your violation of any applicable law or regulation.

8. Termination

Term: These Terms remain in effect while you use the Services.
Termination by You: You may cancel your Subscription at any time through your account settings. Upon cancellation, your access to the Subscription features will continue until the end of your current billing period. You will not be entitled to a refund, prorated or otherwise, for any cancellation.
Termination by Us: We may suspend or terminate your access to the Services immediately upon notice to you if you materially breach these Terms. For non-material breaches, we will provide you with 14 days to remedy the breach and may terminate your account if the breach is not remedied within that period.
Effect of Termination: Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, limitation of liability, and indemnification.

9. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles.
Dispute Resolution: The parties agree to first attempt to resolve any dispute informally for at least 30 days before initiating formal proceedings. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the courts located in New South Wales, Australia, and you consent to the exclusive jurisdiction of such courts.

10. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Auditly regarding the Services and supersede all prior agreements.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice of material changes via the Services or by email. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of them.

11. Contact Information

If you have any questions about these Terms, please contact us at:
Email: info@auditly.com.au

Terms and Conditions for Auditly.au