WELCOME TO GO RECEPTION, RECEPTION FOR IPAD AND RECEPTION FOR ANDROID INCLUDING RECEPTION ID VISITOR MANAGEMENT SOFTWARE.
“GO RECEPTION” ALSO BRANDED AS “RECEPTION FOR IPAD” OR “RECEPTION FOR ANDROID” OR “RECEPTION ID” IS A WEB-BASED SOFTWARE PROGRAM THAT ALLOWS COMPANIES TO MANAGE THE WELCOMING OF THEIR VISITORS IN AN HIGHLY EFFICIENT MANNER. “GO RECEPTION” DELIVERS EVERYTHING THAT IS EXPECTED FROM A VISITOR MANAGEMENT SOFTWARE SOLUTION, INCLUDING: MANAGING AND ARCHIVING A LIST OF VISITORS, PRINTING BADGES, GENERATING REPORTS, AND ALLOWING FOR PRE-REGISTRATION OR SELF-REGISTRATION. “GO RECEPTION” ALSO ON OCCASION OFFERS OTHER FEATURES THAT HELP WITH THE MANAGEMENT OF VISITORS, EMPLOYEES AND OFFICE SPACE.
“RECEPTION ID” IS A MOBILE APPLICATION THAT ALLOWS EMPLOYEES OR “HOSTS” TO MANAGE THEIR IDENTITY WITHIN THE “GO RECEPTION” ECOSYSTEM AND PROVIDES SIMPLE TOOLS TO COMMUNICATE AND SIGN IN ON “GO RECEPTION” TERMINALS WITH QR CODES OR CONTACTLESS TECHNOLOGIES.
PLEASE FULLY AND CAREFULLY READ THESE TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY STATEMENT AND OUR COOKIE STATEMENT (WHICH FORM AN INTEGRAL PART THEREOF), BEFORE ACCESSING OR USING EACH OF THESE WEB-BASED AND MOBILE APPLICATIONS. THESE DOCUMENTS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR ACCESS TO AND USE OF “GO RECEPTION” AND/OR ASSOCIATED SOFTWARE PRODUCTS. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THE SERVICE IN YOUR ORGANISATION.
In these Terms and Conditions, the following terms shall have the following meanings:
“Furio”: Furio Pty Ltd, a proprietary limited liability company founded in 2014, under the laws of the Australia, having its registered office at Level 2, 14 Grenfell Street, Adelaide South Australia, and listed in the Australian Securities and Investments Commission for Companies under number ACN 164380161 (hereinafter also referred to as “we”, “us” or “our”).
“Company”: any legal entity that purchases or wishes to purchase the Service from Furio (hereinafter also referred to as “you” or “your”).
“End User”: any registered natural person who works for the Company and who has been granted the authorisation to use the Service (as defined herein) on behalf of the Company (hereinafter also referred to as “you” or “your”, which can therefore mean the Company or the End User, as the context requires).
“Administrator User”: any person appointed to manage the Company’s account. An Administrator User is a special class of End User which has specific administrator functionalities at their disposal; they can create other End Users, define their rights and modify settings. Each Company must have at least one Administrator User but may have more.
“Service”: the web application provided by Furio in the form of Software-as-a-Service (SaaS), being “Visitor Management” or “Service Desk”, and the underlying servers and software used to provide such application. The application is available online through our website at www.goreception.co (“Site”). The Service is further defined in paragraph 3.
2. BINDING AGREEMENT
2.1 Acceptance of Terms
Furio provides its Service subject to your acceptance of the Agreement. We advise and expect you to take careful notice of all the legal documents it includes, and all additional information that may accompany.
By registering for and/or using the Service in any manner (whether as a Company or End User), including but not limited to visiting or browsing the Site, you acknowledge that you have read, understood and agree to be bound by this Agreement. As an End User or Administrator User creating the Company account for the first time, you also warrant that you have the authority to bind the Company or other legal entity you represent to this Agreement. If you do not have such authority, or do not agree to all of the terms of this Agreement, you must not accept it and may not use the Service.
If you register for a free trial of our Service, this Agreement will also govern that free trial.
2.2 Modifications of Terms
Furio reserves the right to unilaterally vary or amend the Agreement from time to time, at its sole and absolute discretion. Any revision will take effect upon posting of the updated terms on the Site (or if specified in the amendment, with effect from the date specified therein).
You understand and agree that your continued use of the Service, or maintenance of a registration for the Service, following the posting of any changes to the Agreement constitutes acceptance of those changes. It is your responsibility to check the Agreement regularly for changes.
If you do not agree to the changes, you should immediately stop using the Service and cancel your registration. There is no possibility to continue using the Service under the old conditions, but you are entitled to a prorated refund of the monthly or annual fee paid for the Service, in proportion to the period still remaining.
We will inform you of any modifications of terms we deem (in our absolute discretion) substantial enough by using website notice, email or any other form of communication. You consent to us communicating with you for that purpose.
2.3 Entire Agreement
This Agreement may only be varied or amended: (1) in the manner expressed in paragraph 2.2 or (2) by an agreement in writing signed by Furio and the Company or End User (as appropriate) and expressed to be a variation or amendment of this Agreement.
If any provision of this Agreement is held to be unlawful, invalid or otherwise unenforceable for any reason whatsoever, it shall be read down so as to avoid that unlawfulness, invalidity or unenforceability and if it cannot be read down then it shall be deemed severed from the Agreement and shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.
No rule of law applies to construe or interpret this Agreement against Furio because Furio was responsible for preparing this Agreement.
3. PROVISION OF THE SERVICE
3.1 Description of the Service
The Service comprises all-in-one license for the use of our software and the accompanying services. This license contains:
- The use of the latest version of our application (including most recent upgrades).
- Access to our customer service process as advertised on our website from time to time.
- Hosting and maintenance of the Service (and the reasonable continuation of that hosting and maintenance). As with any online service, it is impossible for us to guarantee 100% uptime. However, we will take reasonable steps and use industry best practice to ensure uninterrupted access to the Service.
- The possibility of additional services, at an additional cost, to be agreed pursuant to the procedure in paragraph 2.3.
Each license starts from the date of purchase and is applicable for a limited period of time, being the duration of the subscription to the Service. It offers the Company, and consequently also its End Users, employees, agents and representatives, a limited, revocable, non-transferable and non-exclusive right to access and use our software and services. The licensed Company must ensure that every use of the software is in accordance with these terms and conditions and must procure the same of its End Users.
Each type of license is restricted in regard to the number of functionalities and/or transactions, as mentioned clearly in our description on the Site. That description is incorporated into this Agreement and is subject to paragraphs 2.2 and 2.3. The licence is strictly granted for the sole purpose contemplated by the Agreement and for your own lawful internal business purposes. Unless otherwise stated in writing, the granted license shall not be subject of any transfer or sub-licensing to any third party or subsidiary, in whole or in part, without the written prior approval of Furio.
Except for the rights of use and other rights expressly granted herein, no other rights are granted to you, either express or implied, nor shall any obligation be implied requiring the grant of further rights. You expressly acknowledge that the use of the Service does notably not imply a transfer of the intellectual property rights towards you. All intellectual property rights and all derivative rights related to the Site and the Service continue to be retained by Furio.
3.2 Registration Process
In order to sign up for the Service, we require you to register your Company and subsequently your End Users, employees, agents and representatives. The Administrator User who registers your Company must have the legal capacity to enter into binding agreements on your Company’s behalf. When you upgrade your free trial to a paid subscription, you are required to provide the Company’s billing information such as name, credit card number and billing address, and to select a payment frequency.
Upon the account registration, you agree to provide accurate, current and complete information as has been demanded during the registration-process, and to reasonably keep this information up-to-date.
We allow you to register and log-in, using only an email address and a password for authentication. You must ensure the confidentiality of your account, including the confidentiality of your log-in data. You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorised use of your account, and commit to take all appropriate measures to prevent unauthorised access or use (including, without limiting, ensuring that you exit from your account at the end of each session and taking measures to secure your log-in data).
3.3 Free Trial Period
Furio offers interested new Companies a one-off trial period, in order to experience the features and functionality of our software. We are sure this will convince you to make a purchasing decision. This trial period is free of charge for the period described on the Site.
Each Company has one right to this trial-period for each one of its new sites. Companies’ sites that renew membership to Furio will not be eligible for another free trial. If we discover that a Company has multiple free trial accounts for one of its sites, we reserve the right to restrict or terminate any account of our choice, in our sole discretion – such termination will include the deletion of all data associated with that account.
The free trial is available with full access to all functionalities and full support, but does not include access to integrations. During the free trial, you are furthermore authorised to access and use the Service solely to the extent allowed by Furio. You acknowledge and agree that the present terms and conditions are applicable and binding upon you during the trial period. Furio does not make any binding commitments or obligations in connection with the Service, as during the free trial period, this Service is provided “as is” and “as available” and, without limiting, the assurances regarding uptime and privacy in paragraph 3.1 and the entirety of paragraph 4 does not apply during the free trial.
The trial period starts from the creation of an account, which is indicated by an approval sent to the e-mail address provided by you. The trial period is valid for the period described on the Site unless your use of the Service is terminated earlier in accordance with these terms. As soon as the trial period expires, your access will be immediately terminated. We recommend that you subscribe in time in order to prevent termination. Thereafter, if you do not subscribe, we reserve the right to delete any data associated with your account in our discretion.
Furio has the right to modify the conditions of the free trial or to discontinue it entirely at any time, without prior notice, including, but not limited to, when we believe you apply for a free trial not to make any purchasing decision, but to engage instead in industrial espionage.
4. QUALITY OF SERVICE REQUIREMENTS
We offer you a great Quality of Service (QoS), which is central to our offering and company culture. QoS is comprised of technical specifications that specify the Software quality features such as availability, performance, security and serviceability. Furio represents and warrants to the Company that (i) it has the experience and ability to perform the services required; and (ii) it will perform the said services in a professional, competent and timely manner, consistent with industry standards and with the terms as contained herein.
4.1 Availability and Good Performance
We are aware that good software requires fast response times, trustworthy functionalities and excellent reliability. That is why we have taken all reasonable and necessary technical, non-technical, organisational and juridical measures in order to provide you with a high level of availability and performance. In other words, you can trust our software. However, we cannot provide absolute guarantees on the uninterrupted availability, good performance, timely, secure or error-free character of our Service. This is, inter alia, because we are dependent on external factors, such as the proper functioning of the Internet. We do promise that all significant defaults, defects and errors in the operation or the functionality of the Service will be corrected within a reasonable period if they arise.
Furio will use all commercially reasonable efforts, being no less than accepted industrial standards, to make its service available to you with a Monthly Uptime Percentage of at least 99.0% during any monthly billing cycle (the “Service Commitment”).
The time that our Service is not available qualifies as Downtime. Downtime does not include (i) scheduled downtime (for maintenance and upgrades, which are notified in advance to Administrator Users), (ii) unavailability of the Service due to factors outside our control, (iii) lack of access that is due to your improper use of the Service or due to our lawful termination of your access to the Service, and (iv) unavailability of the Service that results from you or third party services, hardware, software, or network, including but not limited to issues resulting from inadequate bandwidth.
In the event we fail to meet our Service Commitment in a given calendar month, you will be eligible to receive Service Credits on future billing cycles. Such Service Credits shall be your sole and exclusive remedy with respect to such failure to meet the Service Commitment.
The claim for Service Credits submitted to Furio must include (i) a detailed description of the incident; (ii) information regarding the duration of the Downtime; and (iii) descriptions of your attempts to resolve the incident at the time of occurrence. We must receive the claim and all required information by the end of the second calendar month following the month in which the incident occurred.
We will evaluate all information reasonably available to us and make a good faith judgment on whether Service Credits are owed. If we determine that Service Credits are owed to you, we will issue them on the next billing period. Service Credits may not be paid in cash or refunded to credit cards. Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments) for the monthly billing cycle in which the Downtime occurred.
Our Service is only fully functional and effective if you have the necessary pre-specified hardware, software and telecommunication facilities available. It is your sole responsibility to take the necessary measures that enable the access to our Service. The equipment and software used must meet the system requirements as clearly communicated on the Site.
Furio is also responsible for the safe nature of its application. You can be confident that we take security very seriously. We undertake every possible and reasonable measure to safeguard the security and safety of our site in accordance with industry best practice. We recognise, for example, that the content provided by you on the Service is valuable, and therefore take reasonable measures with regard to its protection against accidental or unlawful destruction or accidental loss, modification, unauthorized disclosure and access in accordance with industry best practice. Furio systematically creates in real time a backup of the data stored in the application on another server in the same data centre, and moreover creates a full database backup every night on a server located in another location. Furio determines freely the frequency of the backup. It remains your responsibility to always provide an own backup of the content you have provided. We are not responsible for any loss of data which is not caused by Furio.
We agree to do everything reasonably within our power to carry out the fulfilment of safety requirements, but we only have an obligation of means in this respect. We indeed cannot ensure or warrant the security of the content that you provide on the Service simply because we depend on the use of Internet, on which the transmission of data can never be perfectly secured. You can, however, be assured that we truly care about our Service being free from any imperfection and that we will put forth our reasonable efforts to achieve such aim.
All this does not discharge you of your own responsibility to protect your equipment, software, telecommunications and Internet connection against viruses, computer crime and illegal use by third parties.
a) Maintenance and Upgrades
We wish to keep the quality of our Service high by performing maintenance activities and updates of the application on a regular basis. Furio is always looking for new opportunities, and is therefore constantly keen on innovating and improving the Service. You acknowledge and agree that it may, in the future, offer new features through the Service or change the form and nature of the latter. Such new features shall be subject to the present Agreement.
We may limit at any time the access or use of the Service to the extent necessary for maintenance or to perform modifications or enhancements to the application. Most of the time, maintenance and upgrades will be scheduled during weekends. We will inform you at least 24 hours in advance, unless the update is an urgent security, availability or performance update, or this is impossible or not useful. Maintenance gives no grounds for compensation on behalf of Furio.
Furio provides you also with reasonable support. We strive to provide clear and conclusive answers to any relevant questions or comments so as to contribute to the solution of the problem, whatever its nature. Questions and comments should always be made in writing via email at firstname.lastname@example.org. Our intent is to answer within a very short time; however, we can only commit to replying within one (1) business day. On some pricing plans, support shall be granted via phone.
5. ACCEPTABLE USE
5.1 General Statement
We would like to provide a safe and sound application, but we need your help to succeed in our mission. We rely on you to help us to maintain the Service’s safe and sound character. We dont expect anything special, though. You can help us out just by using the Service for a proper purposes and in good faith.
Furio has an absolute discretion when determining the behaviour of End Users of the Service. Any End User action that Furio absolutely determines is not acting for a proper purpose or not “in good faith” is unacceptable and Furio has the right to terminate the Service in respect of that End User, that End Users Company and/or any other End users of that Company. It must remain clear that certain actions are never acceptable; that is why we listed a few below. The list hereunder tries to be complete but is far from exhaustive and does not limit in any way Furios discretion in this regard.
5.2 Illegal Activity
You shall first and foremost use and access the Service only in compliance with the Agreement and with all applicable laws and regulations. You also agree to provide notice and information on any suspect illegal activity by visitors and hosts using the application.
We also require you to refrain from any action that may jeopardise the safety and security of the Service. This includes, but is not limited to, disturbing the good operations of the Site by distributing, downloading, uploading or transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious program that may infringe the Service and the interests of both Furio and its users. You should also refrain from any content that may burden or disturb the websites infrastructure and its proper functioning. You must also not cause an unreasonable amount of requests to be made to the Site (whether or not as part of a DoS or DDoS attack) and you must not attempt to access portions of the Site which you are not authorised to access whether by manually inputting multiple passwords, inputting malformed inputs to the Site, attempting to exploit any unpatched or undiscovered vulnerability in the Site, using a dictionary attack or using brute-force code.
5.4 Inappropriate Content
End Users should refrain from adding content that can be described as inappropriate regarding the aims of the Service. Furio reserves absolute discretion and may in its absolute discretion choose to notify users of inappropriate content rather than terminating their account. This topic will be more broadly touched upon in paragraph 6.
5.5 Unsolicited Messages
Subscribers should not send unsolicited and/or commercial messages between users, such as junk mail, spamming and chain letters, nor should users send threatening messages and other disturbing messages to other users.
6. CONTENT MANAGEMENT
6.1 Inappropriate Content
Making use of the Service implies adding content to the Site. You are always solely responsible with regard to the content that you may add. You will not create, transmit, display or make otherwise available any content that is unlawful, harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of anothers privacy, or hateful (including viruses, worms and any other destructive codes). In the event that you do so, we reserve the absolute right to delete that content or provide that content to other persons including, without limiting, law enforcement authorities.
We consider some clear boundaries regarding to content that may be added to the Service: the added content should be appropriate with regards to the aim and intentions of the Service. Furio preserves an absolute discretion when establishing whether content falls within these boundaries.
Furio does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Furio does not perform any prior supervision on new content that is added to the application, but we do take the necessary action towards inappropriate content upon the receiving of a well-reasoned and founded claim. Our obligations to remove or block the usage of such information in accordance with generally applicable laws remain indeed unaffected. These claims can be directed at email@example.com.
Our Site may contain direct or indirect links to third party websites and/or electronic communication portals, on which we do not exercise any technical control or any control on the content. User-generated content may, for example, include such hyperlinks.
Such a reference being made on our Site does not mean that we explicitly or implicitly agree with the content of those websites. Furio does not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on the Site or of other electronic communications portals that are not under the actual control of Furio. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.
Users can upload content on the Site, which can then be downloaded by other users. Furio cannot be held accountable for the consequences of such actions, on which it does not exercise any control. You understand and agree that every download from our Site is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.
7. FEES AND PAYMENT
All fees indicated on the website are stated in US dollars (USD), and do not include all applicable taxes, duties, levies and currency exchange settlements, unless stated otherwise. You agree to pay the applicable subscription fee and any applicable tax or fee that may accrue in relation to all use of the Service accessed through your account, including all fees resulting from unauthorised use.
You understand that any subscription plan offers a maximum limit on the usage of the Service in terms of both available functionalities and number of visitors or tickets per month. If you exceed the maximum usage provided in his selected plan, you will be charged extra usage packs as indicated on the pricing page of the Site. This charge will occur at the end of the billing period.
Billing period can either be every month, every 12 months or every 24 months. Enterprise, education and non-profit customers pay for a year or two years up front.
In case of 12 or 24 month payments, Furio bills you for subscription services in advance, from the date you purchased the subscription, at the rate corresponding to the subscription plan you have chosen. If you prepay for one or two years and you upgrade your plan during that time, then we will make an appropriate adjustment on a pro-rated basis until the next anniversary date of the subscription. Your subscription fee for the period after the next subscription anniversary date will be adapted to take into account the additional option(s) and/or plan upgrade. Be aware that your account will not be credited if you downgrade your plan.
In case of monthly payment, Furio bills your subscription at the end of the month so that it can include additional options and/or plan upgrade. Credit card payment is only accepted in case of monthly payment or in case you choose our least expensive plan(s).
Furio reserves the right to adapt the fees published on its Site. Any price change will not apply retroactively to existing subscriptions.
If such change will result in lower prices or otherwise works towards your advantage (but not in case the lower prices result from higher government levies or taxes), you may request your subscription to be adapted as from the date of your request by sending an e-mail to firstname.lastname@example.org. In no instance will such a request lead to any reimbursement of part of a paid subscription. It might, however, lead to an extension of the subscription.
Provision of the Service is conditional upon the payment by the Company of all fees and charges associated with the Service in accordance with this Agreement. Failure to make a payment when due will automatically lead to a suspension of the account. Following such suspension, Furio has the absolute right to terminate that account and delete any data associated with it. Any dispute regarding an invoice must be lodged with Furio in writing within fourteen (14) days of receipt of the invoice.
Payments are made via credit card or wire transfer depending on plan and/or duration selected. Wire transfer invoices are due for payment within thirty (30) days from invoice date. Any amount that has been left unpaid at the due date of payment will be augmented, automatically and without prior notice of default, with a conventional interest of 10% per year, from the due date up to the full payment completion date. Moreover, you will owe a compensation for loss on a flat-rate basis of 10%, with a fixed minimum of $50USD. We may also charge you the entirety of any expenses we reasonably incur in connection with any debt collection or enforcement efforts.
Furio conveniently accepts various forms of payment. Any major credit card, debit card or alternate form of payment that is optioned on the Site may be used. You will be asked to provide a payment method at the time you upgrade your free trial to a paid subscription of the Service. You represent that you are the authorised user of any form of payment which you elect to use. Payments are processed through the secured facilitator, PIN Payments. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. The risk of loss or theft of your identity or credit card information is hereby reduced to a minimum. Furio stores your identity and transaction information over a period of time in a secure, encrypted database. Furio believes all possible and appropriate precautions have been taken. Therefore, Furio cannot be held liable for possible identity theft or financial theft.
Confidential information means all information, of whatever nature, that may be disclosed or revealed in the execution of this Agreement, and that is marked or identified or can be reasonably considered as confidential information. Confidential information does not, however, include information which (a) is or becomes generally available to the public other than as a result of a disclosure by the receiving party or its representatives, (b) was available to the receiving party on a non-confidential basis prior to its disclosure by the first party or its representatives, or (c) becomes available to the receiving party on a non-confidential basis from a person other than the first party or its representatives.
Each party agrees to safeguard and hold as strictly confidential all confidential information of the other party, and shall only the information for purposes as authorised by this Agreement. The receiving party may only disclose confidential information to its directors, officers, employees, agents, representatives or advisors who have a “need to know”’” such confidential information for the purpose set forth in the present Agreement, and only for that purpose. The confidential nature of the information must be made clear to and respected by these other parties.
All confidential information, including the copies made thereof, is the sole property of the disclosing party and shall be promptly returned to the disclosing party or destroyed upon written request by the disclosing party.
For those who want absolute assurance about confidentiality, we are always available to establish more specified provisions and to prepare a separate non-disclosure agreement for this purpose.
9. INTELLECTUAL PROPERTY
The “Visitor Management” and “Service Desk” applications operated by Furio are protected by intellectual property rights. These intellectual property rights shall be taken to mean copyrights, trademark rights, design and model rights and/or any other intellectual property rights (whether registered or unregistered), including technical and/or commercial know-how, methods and concepts, whether or not patentable.
All intellectual property rights and derived rights are the property of Furio and continue to be retained by it. The use of the Service does not imply a transfer of the intellectual property rights towards the Company. The Company should be aware at all time of these intellectual property rights and should therefore refrain from any violations as they may lead to its liability.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, communicate, circulate, or in any way transfer or assign the application or any part thereof, to any third party, without the express prior written consent of Furio. You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the application, except to the extent permitted by applicable law.
10. DATA OWNERSHIP
You shall always retain ownership of your content, data and information provided in the context of using the Service.
Unless specifically permitted by you, your use of the Service does not grant us the license to use, reproduce, adapt, modify, publish or distribute this content for our commercial, marketing or any similar purpose.
However, nothing in these terms shall restrict our right to compile and use aggregated usage data and statistics, or to disclose these aggregated statistics, as long as these do not describe or identify any individual user.
You further grant us a worldwide, royalty-free, sub-licensable, perpetual license to (i) use any content, data and information you provide in connection with the Service for purposes of providing the Service; and (ii) to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by you and other users.
You acknowledge and agree that the Service is designed to be used by commercial businesses and is not designed for ordinary domestic or household use.
If Furio breaches this Agreement, then Furio’s liability is limited:
- (1) in respect of a liability covered by paragraph 4.1, by the provisions of that paragraph; and
- (2) in respect of any other liability, at Furio’s absolute discretion either: (a) providing the Service again or (b) refunding the fees in respect of the relevant subscription.
Furio is not liable for any indirect or consequential loss. You acknowledge and agree to waive your rights to any special, punitive or exemplary damages.
Nothing in the Agreement shall, however, exclude or limit Furio’s liability for damage that may not be lawfully excluded or limited by law.
12. TERM AND TERMINATION
Furio offers you the freedom not to be bound by a long-term commitment, so you do not need to worry about being locked into a contract.
12.1 Term and Duration
The Agreement takes effect from the date of its acceptance, materialised by the completion of the registration process.
The Agreement is automatically extended for successive renewal terms, whose duration depends on the chosen subscription plan.
12.2 Suspension and Termination
We have the right to suspend your access to the Service, and the associated data, as soon as we have taken notice of a violation of this Agreement. There is no time limit between the defective behaviour and the suspension. This right of suspension does not require any or comprehensive reasoning and, in extreme circumstances, can be done without prior notification. We may in our absolute discretion inform you of our reasons for doing so, at the latest within five (5) days after the implementation of the suspension (but we will not do so if obliged by law). If you feel you have been unjustifiably suspended, feel free to contact us at email@example.com, so we can resolve these misunderstandings. Fees may continue to accrue during a suspension, and we may charge you a reinstatement fee following any suspension of your Service. The reinstatement fee must be paid before the Service can be restored.
Either party enjoys the convenience to suspend or terminate the Agreement at any time, even in the absence of a cause. If Furio wishes to invoke this right, it should make its intention known by means of an e-mail notice to the Administrator Users, at least thirty (30) calendar days prior to the month in which it wants to suspend or terminate the Agreement. In that case, you only pay for the last running month. If you wish to invoke this right, you can cancel the subscription at any time from the Administrator User interface. No amount will be refunded to you following a cancellation.
Either party may at any time temporarily suspend or immediately terminate the execution of this Agreement if that party is faced with a breach to one or more essential obligations of this Agreement that is attributable to the other party. This is also possible when the other party becomes or is declared insolvent in the meaning of the applicable law, becomes the subject of an involuntary or voluntary bankruptcy or similar proceeding, or assigns all or substantially all of its assets for the benefit of creditors. A prior notification via registered letter is required, which grants the other party a reasonable timeframe to comply with its obligations if this is still useful (except where, Furio must suspend or terminate immediately due to the nature of the breach). The termination shall be without prejudice to the other rights of the party that terminates the Agreement, including the right to claim compensation for the damages suffered as a result of breach of the obligations.
No refunds or partly refunds will be given in respect of any fees paid to us in advance, unless we are in material breach of the Agreement. In that case, the Company will be entitled to receive a refund of any part of the fees paid to us in respect of the period following the date of termination, calculated pro-rata on a daily basis.
12.3 Termination Consequences
Your account will be deactivated upon the use of a valid termination or suspension of this Agreement. Deactivation means that Service will be unavailable in whole or in part and that you therefore may not have access to your data. Deactivation does not mean that the account, and the associated content, will be immediately and irrevocably removed. Furio believes it is important not to immediately delete such data and guarantees storing the data for at least sixty (60) calendar days following the day of deactivation (subject to the other terms of this Agreement).
Every subscriber reveals some information about itself. This amount of information varies as more operations are performed – for example, after registration. Depending on the quality of the information, it is possible that an individual can be identified. At that time, we are collecting ‘personal data’ in the meaning of the Australian Privacy Act 1988 (Cth).
14. FINAL PROVISIONS
This Agreement is exclusively governed by the laws of the State of South Australia and the Commonwealth of Australia.
You and we submit to the non-exclusive jurisdiction of the courts of South Australia, Australia and any action brought in the Courts of the Commonwealth of Australia must be brought in their Adelaide, South Australia registry.
You and we agree to negotiate in good faith in order to resolve any dispute for a period of 60 days before initiating any court proceeding. That period commences upon the other party receiving of written notification of that dispute.
If you have any questions or comments about our Go Reception terms of service please Contact Us
Go Reception (FURIO Pty Ltd)
L2, 14 Grenfell Street
Last updated Friday 2 December, 2016