Application Terms and Conditions
- In these Terms:
“we”, “us” and “our” means to Work Perfect Group Pty Ltd (ABN 94 642 869 798).
“you” and “your” means both you as an individual user of the App and the employer or other entity you represent in using the App.
App means an application owned by us or our related entities and affiliates which is available on the Monday.com marketplace.
Marketplace Terms of Service means the Monday.com terms set out at (https://monday.com/l/legal/marketplace-terms-of-service/) as amended from time to time.
Terms mean the terms and conditions of this agreement.
- By accessing or using the App you agree that these Terms apply as between you and us. Where you represent your employer or another entity, you hereby represent that you have the full legal authority to bind your employer or such other entity, that you have read and understood these Terms and that you agree to them on behalf of your employer or the respective entity.
- In consideration for your payment in accordance with the terms of the Marketplace Terms of Service, we grant you a non-exclusive, non-transferable, revocable license to use the App for the applicable paid-up subscription period. If the subscription is cancelled during the term, you will not be entitled to a refund except where that entitlement is expressly set out in the Marketplace Terms of Service. Subscription periods will renew at the end of each subscription period, and payment for the next period will be processed in accordance with the Marketplace Terms and Conditions until you cancel the subscription in accordance with those terms.
- You may not copy, modify, distribute, sell, reverse engineer, or transfer any part of the App without our prior written consent.
- The App and its contents, including but not limited to text, graphics, images, and software code, are our property or the property of our licensors. You may not reproduce our trademarks or logos without our prior written consent.
- You are responsible for your use of the App and for any content you upload, post or share through the App. You agree not to use the App to (a) violate any laws or regulations; (b) infringe any third-party rights; (c) upload or post any false, misleading, or defamatory information; (d) distribute viruses or other harmful computer code; (e) engage in any activity that could damage, disable, or impair the App; or (f) impersonate any person or entity.
- To the extent permissible by law, the App is provided “as is” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be error-free, available uninterrupted or that defects will be corrected. We do not guarantee that the App will operate with your systems and environment or with any third-party software or hardware.
- To the extent that any guarantees or warranties cannot be excluded at law, the extent of our obligations and liabilities in respect of those guarantees or warranties is the resupply of the App or refund of the purchase price of the App at our election.
- To the maximum extent permitted by law, neither party will not be liable to the other for any indirect, incidental, consequential, special, or punitive damages, however arising, including but not limited to any loss of profits, opportunity or revenue, any loss or disclosure of data, goodwill, or any other intangible losses.
- Except in relation to clause 12 below, each party’s aggregate liability to the other in relation to the App, however arising (including in contract, at law or in equity), is limited to an amount equal to the subscription price you paid for licencing the App during the current subscription term.
- You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) that we suffer as a result of your misuse of the App, your failure to comply with these Terms, or your violation of any rights of a third party. We will take reasonable steps to mitigate our losses that are covered by this indemnity.
- Our failure or delay to exercise a power or right is not a waiver of that power or right.
- The laws of New South Wales, Australia, govern these Terms. Each party submits to the exclusive jurisdiction of the courts of New South Wales.