Terms and Conditions

Terms and Conditions

This Agreement (“Agreement”), between the User, the person who has either downloaded or purchased the App from the Company (“Customer”) and Unicornis Pty Ltd, a company duly incorporated in AUSTRALIA (“Company”), governs the terms of use of the Aussies Business Apps Platform and the App. As such terms may be amended from time to time by the Company.

  1. Definitions:
    1. “Aussies Business Apps Platform” means the following:
      1. The complete technology platform designed, developed, configured, managed and maintained by Unicornis Pty Ltd. It includes but not limited to;
        1. All technical and functional designs, concepts, methodologies, algorithms, software, databases, and hardware
        2. All support and maintenance processes and procedures
        3. All marketing and sales material both print and digital
    2. “App” means the following:
      1. Any app published on the App Stores by the Company using the Customer’s brand name, logo, style, and color theme. For the avoidance of doubts, few examples of such apps are Anna Perdriau, Cold Rush, Gravity Wealth, and Ear Studio. For the contract clarity purpose, we will refer these apps as (“Branded App”)
      2. Any app published on the App Stores by the Companyusing the Company’s brands and registered names worldwide. For the avoidance of doubt, few examples of such apps are SkoolApp, Aussies Business Apps, and Easy Tuition. For the contract clarity purpose, we will refer these apps as (“Standard App”)
    3. “App Stores” means the App Store from Apple Inc for iOS devices and Play tore from Google Inc. for Android devices
  2. Provisioning and Support
    1. Both the Branded App and the Standard App are provisioned in the monthly subscription model.
    2. Both the Branded App and the Standard App are provisioned and supported only for the period that is allowed as per the ongoing amount paid by the Customer. For example, if the Customer is paying annually and has paid the ongoing amount of $1200 per year for the period of 1san 2018 to 31stDec 2018, their provisioning and support period will be limited to 1st Jan 2018 to 31st Dec 2018. And in another example, if the Customer is paying monthly and has paid $100 for 1st Jan 2019 to 31st Jan 2019, their provisioning and support period will be limited to 1st Jan 2019 to 31st Jan 2019.
    3. In the event of nonpayment of ongoing subscription and/or maintenance fee as per quote or invoice the provision and support of the App will stop with immediate effect.
  3. Content and Intellectual Property Rights.
    1. All materials made available to the Customer, provided by the Company, either to market and fulfill the service or at the Customer’s request including, but not limited to brochure, presentations, company descriptions, contact information, images, designs, configuration, training material, web portal, mobile app, software, databases, and setup instructions (collectively known as the “Content”) are protected by copyright pursuant to Australian and international copyright laws, and owned or controlled by the Company.
    2. The Company solely and exclusively owns the layout, appearance, trademarks, and other intellectual property comprising the entire Aussies Business Apps Platform and the Standard App, technically as well as functionally, either directly or has the rights to use them in fulfilling the Aussies Business Apps Platform and the App functionalities.
    3. For the avoidance of doubts, the Customer may upload their content on the Aussies Business Apps Platform and the Apps, including marketing video, images, presentations, training video, presentations, audio, documentations, checklists etc (“Customer Content”) to use certain functionality available in the App. In any such case, the Company is not responsible for the quality, mistakes, any infringements, or issuesof the content. The Customer agrees that they are fully responsible for the Customer Content and have the necessary rights to use it as required by the Australian and International Copyright Laws.
    4. For the avoidance of doubts, the Customer owns the copyright of their Branded App name and all of its Customer Content such as training video, checklists, presentations.
  4. Company Ownership.
    1. The Company owns the entire Aussies Business Apps Platform including but not limited to the backend servers, software code, designs, flow charts, technology usage patterns, master data, setup data, configuration filesetc which are providing the functionality and enabling the use of the App.
    2. For the avoidance of doubt, the Customer does not own any part of the Aussies Business Apps platform and the Standard App.
  5. Customer Ownership.
    1. The Customer owns their Branded App as per quote.
    2. The Customer owns the master and transaction data created by them during the App setup and usage
    3. The Customer owns the Customer Content create by them
    4. For the avoidance of doubt, in case the Customer stops paying the annual subscription, they will cease the right to use the Aussies Business Apps Platform and the Standard App. In such an event, this agreement will be considered as terminated and the Company will remove customer’s access to Aussies Business Apps platform. Upon request the Company will also provide the Customer Content to the Customer in an electronic form possible and suitable to the Company. Customer will also have an option to transfer the Branded App on a different hosting account.
  6. Customer Responsibilities. The Customer agrees not to
    1. Use the Aussies Business Apps Platform for more than their entitlement as per subscription payment;
    2. Attempt to test, scan, probe or hack the vulnerability of the Aussies Business Apps Platform, the App, or any software, service, or network used by it or to breach security, encryption or other authentication measures;
    3. Reverse engineer, decompile or disassemble any portion of the Aussies Business Apps Platform and the App.
    4. Use the Content for other than the Customer’s internal business purposes;
    5. Modify, reproduce, publish, create derivative works fromlicensing, transfer, barter or resell the Aussies Business Apps Platform in whole or in part;
    6. Infringe the copyright of any 3rd party while uploading or creating the Customer Content.
  7. Termination and Modification.
    1. This Agreement is non-cancelable during the term; Either party may immediately terminate this Agreement without further obligation ONLY if:
      1. the other party fails to cure a material breach of the Agreement within ten (10) days of written notice. For the purpose of clarity, non-payment of past due invoices is deemed a material breach.
      2. the other Party is involved in insolvency, receivership, bankruptcy proceedings, or makes an assignment for the benefit of creditors.
    2. Notwithstanding Section 7.1(1), the Company shall have the right, at its sole discretion, to immediately terminate or suspend the Agreement, without a cure period, if it determines that the Customer or any person using the App and the Aussies Business Apps Platform through the Customer’s account has violated the provisions of Sections 2, 3, 4, 5, or 6. Suspension of an account shall not result in an extension of the term.
    3. In addition to any other damages it may be entitled to under law, should the Customer or their business associates using the App and the Aussies Business Apps Platform through the Customer’s account knowingly breach any material term of this Agreement, the Company shall have a right to injunctive relief and its attorneys’ fees and court costs required to address the breach. The total liability for such event is limited to 100% of the contract value.
    4. Upon termination or expiration of this Agreement, the Customer shall have no further right to access or use the App and the Aussies Business Apps Platform in any manner and vice versa the Company has no right to use the Customer Content or Branded App.
    5. The provisions of Sections 3, 4, 6 and 7 shall survive termination or expiration of this Agreement.
    6. All Paid fees are non refundable and all due fees are payable by the Customer in all cases in accordance with the terms of this agreement.
  8. Disclaimers and Limitations.

    The Customer assumes all responsibility and risk for the Customer’s use of the Aussies Business Apps Platform and the App. The Customer data transmitted via the Aussies Business Apps Platform and the App will be transmitted outside the Customer’s system and, to that extent, the Company shall not be responsible for the privacy, security or integrity of such data. The Company expressly disclaims any warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third party rights. The Company and its Content providers shall have no legal liability or responsibility for the accuracy or completeness of any information used or disclosed on the Aussies Business Apps Platform and the App, including information that pertains to an individual’s geographic location, and the Customer acknowledges that such information could pertain to individuals in jurisdictions regarding which it expressed no interest. In no event shall the Company be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the Customer’s use of the Aussies Business Apps Platform and the App.

    1. Entire Agreement. This Agreement represents the entire binding agreement between the Customer and the Company, and each party’s respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Aussies Business Apps Platform and the App.
    2. This Agreement shall be governed by the applicable laws of New South Wales, Australia, without regard to its conflict of laws rules.
    3. Assignment and Waiver. Neither party may assign any part of this Agreement without the prior written consent of the other party, except that no prior consent shall be necessary by the Company for an assignment in the context of a merger, acquisition or like event to the successor in interest to a party’s assets.
    4. Equitable Relief. The Customer and the Company understand and agree that, in addition to money damages, either party may be entitled to equitable relief where appropriate, without the obligation to post a bond, upon breach of any portion of this Agreement.
    5. The terms of this Agreement are severable and may be construed to the extent of their enforceability considering the parties’ apparent mutual intent.
    6. Force Majeure. If the performance of this Agreement or any obligations (other than payment obligations) hereunder is prevented or interfered with by any act or condition beyond the reasonable control of a party hereto, that party upon giving a prompt written notice to the other party shall be excused from such performance during such occurrence. For the avoidance of the doubt, Customer is not required to pay the future fees for usage of the Branded App and Aussies Business Apps platform.
    7. Interest and Further Costs. The Customer shall pay the Company the lesser of one and one-half percent (1.5%) interest per month and the maximum legal interest rate permitted under applicable law, on the outstanding balance of any money, owed to the Company, not paid when due (as per payment terms). The Customer shall be responsible for all costs incurred by the Company in order to recover payment of the Customer’s account, including all collection and legal costs.
    8. Notices and Other Communications. An email as per below mentioned information will be enough to serve the notices required to be given by either party as part of this agreement.
      1. The Customer’s Email–Any one of the emails used by the Customer to send any information / confirmation to the Company
      2. The Company’s Email – legal@aussiesbusinessapps.com.au
    9. Server Availability. The Aussies Business Apps will be available 24/7 all days except routine maintenance periods, breakdown periods and any other technical fault or infrastructure availability issue period. For the avoidance of the doubt, if the platform is not available for more than two weeks due to the issues which are in control of the Company, the Customer is allowed to reduce the ongoing fee for the prorated number of days for which the platform is not available beyond two weeks threshold.
    10. There is no signing required on this agreement from either party. This agreement is automatically considered as valid, signed and agreed, upon payment of the initial amount as per the quote or invoice.

about us

Thank you for visiting our website. In a nutshell we are an Australian company and provide end to end App Development services in Australia and overseas. This includes full development life cycle ( such as requirement gathering, design, development, and launch), Ongoing maintenance and support, Marketing support, and other business services that you may need after App launch. Please look at the relevant sections in the website for details of our mobile App Development services and processes. We also offer a complimentary website along with your dedicated App in order to make you up and running asap. Talk to us to get your App Development dream fulfilled..

Contact Us

  • Address:
    Sydney, New South Wales, 2000, Australia

  • Phone:
    +61 450 748 290

  • Mail:
    hello@aussiesbusinessapps.com.au