Terms and Conditions ("Terms")

Last updated: October 1, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Bookkeeping mobile application (the "Service") operated by Warby Software Pty Ltd. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service may be billed on a subscription basis ("Subscription(s)") and will not function without a valid auto-renewable subscription in effect on the device. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set based on the subscription that you purchase.

Payment will be charged to your iTunes Account at confirmation of purchase. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by you and auto-renewal may be turned off by going to your iTunes Account Settings after purchase.

Fee Changes

Warby Software Pty Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. You will have the opportunity to accept the fee change or cancel the subscription. If you do not accept the fee change then the subscription will not auto-renew.

Warby Software Pty Ltd. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Warby Software Pty Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Warby Software Pty Ltd.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Warby Software Pty Ltd.

Warby Software Pty Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Warby Software Pty Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your subscription, you may simply turn off the auto-renewal capability of the subscription using your iTunes Account Settings after purchase.

Limitation Of Liability

In no event shall Warby Software Pty Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Warby Software Pty Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.