Terms of service
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
Last updated: April 21, 2018
General Terms and Conditions
Please read these Terms and Conditions (“Terms” and/or “Terms and Conditions”) carefully before using the Sendayo mobile application (the “Service”) or any other services operated by Sendayo Holdings Pty Ltd ABN:78 623 431 185 (“Sendayo” or “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 visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old, and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
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.
Sendayo is committed to making its services and products available to all visitors. With our website and application, we do our best to comply with the standards of the Convention on the Rights of Persons with Disabilities; the Disability Discrimination Act 1992; and the National Standards for Disability Services and like legislation. Our products and support resources have been developed using accessibility best practice guidelines to ensure the best possible experience for all users. If there is any aspect of our website and application which you believe can be improved in this regard, you are invited to bring the mater to our attention.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Contests, Sweepstakes and Promotions
Our Service (including associated websites & social media account pages) may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sendayo Holdings Pty Ltd and its licensors.
The Service is protected by copyright, trademark, and other laws of both the 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 Sendayo Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Sendayo may operate channels, pages and accounts on some social media sites to inform, assist and engage with customers. Unless stated otherwise, these are intended for Australian customers. Sendayo may monitor and record comments and posts made on these channels about Sendayo so that Sendayo can improve our services. Sendayo will not be responsible for any information posted on those sites other than information Sendayo has posted itself. Sendayo will not endorse the social media sites themselves, or any information posted on them by third parties or other users.
Frequently asked questions on Cookies
Do cookies mean I could get cold calls or junk mail?
Can cookies pass on my personal information to others?
Do cookies compromise my security when I’m logged on
The cookies we use are completely safe. In fact, many of them are used purely to provide important security features such as protecting your data and your accounts.
What are cookies?
Cookies are small text files that are sent to and stored on your computer, smartphone or other device for accessing the internet, whenever you visit a website. Cookies are useful because they allow a website to recognise a user’s device.
How cookies make our website safer and easier to use
Cookies can also allow us to tailor the content of our website to suit your interests. For example, instead of displaying promotional messages about products you already have, they let us show you other services you may be interested in.
Finally, we use ‘analytics’ cookies to help us make our website better for those who visit it regularly. They help us work out what users like and don’t like and how we can improve things for you.
When we include links to other websites, please bear in mind they will have their own privacy and cookie policies that will govern the use of any information you submit. We recommend you read their policies as Sendayo is not responsible or liable for their privacy practices.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Sendayo.
Sendayo 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 Sendayo 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 only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account 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 account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
Limitation of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
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.
Sendayo 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.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law & Jurisdiction
This Agreement is governed by the laws of Victoria and the Commonwealth of Australia.
Except for injunctive relief requiring access to a court of competent jurisdiction, each party irrevocably and unconditionally submits to the exclusive jurisdiction of the alternate dispute resolution process (“ADR”) operating in Victoria as set out hereunder.
Mediation followed by Expert Determination
The parties shall endeavour to settle any dispute arising out of or relating to this agreement, including regarding its existence, validity, or termination, by mediation administered by the Australian Disputes Centre (ADC).
(a) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).
(b) The terms of the Guidelines are hereby deemed incorporated into this agreement.
(k) In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in Melbourne.
(c) The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).
(d) The terms of the Rules are hereby deemed incorporated into this agreement.
(e) The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.
This clause shall survive termination of this agreement.
Waiver of Rights
Any 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.
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.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us by email as follows: email@example.com
Customer and Partner Referral information
(The term“Partner” herein does not mean a partner in the strict legal definition)
- By participating in the program, you are stating that the named referral provided by you is eligible for Sendayo products and services and that you agree to be bound by the terms and conditions of the program.
- There is no limit per person on the accumulated amount of monetary rewards received by any one participant from referrals submitted through the program.
- Referrers may submit as many referrals as they choose as long as the referral meets the eligibility criteria as stated herein
- A referral can only be made on the Customer Referral Program form online via the Sendayo website https://sendayo.com/
- Only if the referral successfully converts by utilising Sendayo paid services & products will the referral reward be forwarded to the referrer.
- The referral rewards are processed within 30 days from the beginning of the month following successful, completed and paid-for installation.
- In order to be considered an eligible referral, the referral must not have contacted Sendayo of their own volition within the last 30 days.
- In order to be considered an eligible referral, another referrer must not have already referred the referral.
- In the case where multiple referrers refer the same referral, the reward will be paid to the first referrer. The date stamped email confirmation will be used to determined which referral has primacy.
- Referrals are invalid where the referrer and the referral are the same person or reside at the same residential address.
- It is the responsibility of the referrer to ensure that the referral is eligible under the conditions of this document.
- Once the referral is made, Sendayo will make contact with the referral as soon as is reasonably possible. Contact will be made by email and/or phone as provided by the referrer.
- Referrals will be valid for 6 months from the date of submission. There will be no rewards paid for referrals beyond the 6-month term.
- Sendayo products and services supersedes any previous terms and conditions.
- By accepting our terms and conditions, you represent that you have the authority to disclose the name of the person or business (referral) who is referred to us. Without this authority you acknowledge that you are ineligible to participate in the program.
- Sendayo will not be liable for any loss or damage whatsoever which is suffered (included, but not limited to, indirect or consequential loss) or any personal injury suffered or sustained in connection with the Customer and Partner Referral program except for any liability which cannot be excluded by law.
- The terms and conditions of Sendayo products and services are subject to change at any time without notice. Sendayo products and services may be terminated at Sendayo ’s discretion.
- By participating in the program, you agree and consent to Sendayo using and disclosing your personal information for the purposes of the program and any other matter connected to or incidental to the program; and using your details for internal use or marketing purposes at Sendayo ’s sole discretion.
- If for any reason the program is not able to be run as planned, including computer virus, unauthorised intervention, fraud, technical failures, vandalism, power failures, natural disasters or any other cause beyond the control of Sendayo, which affect the administration, security and integrity of Sendayo products and services, then Sendayo reserves the right to cancel, modify or postpone the program.
- Any practices which deviate from the spirit of Sendayo products and services and the integrated program will be deemed ineligible for payment at Sendayo ’s discretion.
Requirements to be qualified to receive referral incentives
Recipient must be an active partner (when applicable promotions are on offer).
To qualify as an active partner, said partner must:
· Be actively working one (1) shift every three (3) months
· Be up to date with all documents as required by Sendayo
· Meet minimum star rating system criteria
· Not be in breach of the Sendayo Terms & Conditions
Requirements to be qualified as a super partner
|Sendayo rewards EXCELLENCE!
When Sendayo support workers meet our Super Partner criteria and rating, they unlock the ability to earn more and receive other additional bonuses. Therefore, our partners are properly rewarded for performing to the best of their ability and in turn provide the best care to Sendayo’s clients.
There are 5 standards assessed monthly;
Commitment Rate: 100% attendance of shifts booked into. Never cancelling.
Customer Reviews: 80% customer 5 star ratings.
Attendance Rating: 100% on time to shifts. Never late.
Acceptance Rating: 80% accepting shifts offered to you.
Minimum monthly shift completion: 10 shifts per calendar month for 3 months consecutevly.
These terms and conditions are subject to change at any time.
Mandatory up to date documents for partners to stay active
Star rating system relating to suspended and pending and active partners
|Rating System Explained – Partners are rated based on 4 factors.
Commitment Rate Meaning: The number of times partners cancel their shifts when shifts have been accepted.
Within a month:
Within a month:
Within a month:
Within a month:
· First instance: lose 60% of this star category.
· Second instance: lose 100% of this star category.
Attendance Meaning: Frequency of partner being on time or not on time for a shift.
Acceptance Rate Meaning: The number of shifts worked by a partner in a month.
Customer Reviews Meaning: This rating is determined solely on the customers’ rating given to the partner at the end of a shift.
• Any Partner User above 4 stars will stay active
• Any Partner User below 3.8 stars will be suspended
Customer Cancelations & Pay due on Cancellation
· if partner is booked for a shift and customer cancels more than 3 hours before commencement of the shift, the partner does not get paid for that shift. The partner will be notified of the cancellation as soon as possible after cancellation.
· If customer cancels within 3 hours of shift start time, partner shall be entitled to be paid for the first 3 hours of that shift.
Star rating system relating to customers
Customers are rated by the partners when they end a shift. Partners have the option to rate the customer or not. Should a customer receive constantly low ratings from partners, a decision may be made to suspend the customer by management.
Suspension of Partners For any reasonable reason and without notice, a partner may be suspended. Reasons for such suspension may include but not be limited to client complaints; rating requirements not being met; or default in submission of mandatory documents or expiration of mandatory documents. Partners must appreciate that the welfare of customers is always paramount in any such decision and partner specifically acknowledges the fairness of this provision given the genre of the industry and the high duty of care placed on the parties.
Interviewing process – Any applicant can be denied access to the app at the complete discretion of Sendayo without requirement to disclose reasons.
Customer Access – Customers can be denied access to the app or website features at the complete discretion of Sendayo without requirement to disclose reasons.
Conditions of use of partner’s own vehicle if required to drive a client.
Partner must have:
Minimum requirements to become a partner:
Description and meanings of different shift types
Definition: Partner will be required to sleep at the job location. Partner may be required to awake and tend to customer needs during the night of a period of up to 1 hour in total. If the job requires Partner to be awake due to an incident, Partner will be required to submit an incident report to ensure pay entitlement adjustments for extra hours that Partner was awake during the night.
Pricing: A sleepover is charged at a set rate. For example; if the agreed pay rate for a sleepover is $120, it means that for the whole night, the hours required to be at work over night will be (subject to interrupted sleep rates as mentioned above) a total of $120 (for hours worked between 10pm and 6am). If the shift also requires work before 10pm and after 6am, this will be classified as regular working hours and paid accordingly.
Definition: Any hour between Monday to Friday, between 6am and 8pm (excluding public holidays) is considered base rate.
Definition: Any hour that is worked between 12am at midnight and 6am (excluding Saturdays, Sundays and Public Holidays) is considered an Active Night. Active Night is overnight work that is payable at the given hourly rate for such a shift.
Definition: Any hour between Monday to Friday that is between 8pm and 12am midnight (excluding Saturdays, Sundays and Public Holidays) is considered an evening shift. Evening rate also applies when the shift for overlaps between ordinary shift rates and evening shift rate. In such instances, the whole shift shall be paid to the partner on Evening Rate scale.
Definition: Any hour worked on a Saturday unless a Public Holiday is considered Saturday Rate.
Definition: Any hour worked on a Sunday unless a Public Holiday is considered Sunday Rate.
Definition: Public holiday is holiday days that are defined by the state or federal government as such. Any work carried out on a public holiday shall be paid on the public holiday scale.
See website & or link for the public holiday rates for 2018
Short Shift Special Rate:
Definition: Any shift worked for a period of 3 hours or under between Monday to Friday is payable at a special shift rate shall apply. Depending on the day and time of any short shift further pay loading may apply as mentioned and described above.
Customer Cancellation Policy – customers must give more than 3 hours’ notice of cancellation before of shift start time. Should a customer give less than 3 hours’ notice customer is charged the first 3 hours of shift booking
Sendayo Mobile App Terms and Conditions of Use
- About the Application
1.1. Welcome to SendayoApplication (the ‘Application‘). The Application allows booking of services/activities (the ‘Services‘).
1.2. The Application is operated by Sendayo. Access to and use of the Application, or any of its associated Products or Services, is provided by Sendayo. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.3. Sendayo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sendayo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sendayo in the user interface.
- Registration to use the Services
3.1. In order to access the Services, you must first register for an account through the Application (the ‘Account‘).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
3.3. You warrant that any information you give to Sendayo in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Application (‘Member‘) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Sendayo; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sendayo of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Sendayo providing the Services;
(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sendayo;
(f) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Sendayo for any illegal or unauthorised use of the Application; and
(h) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of:
(a) Credit Card Payment (‘Credit Card‘)
(b) Stripe Australia Pty Limited (ACN 160 180 343) (‘Stripe‘)
(c) PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal‘)
5.2. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment platform’s terms and conditions
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that Sendayo can vary the Services Fee at any time.
5.5. Direct Debit
(a) Unless otherwise varied, Sendayo will be invoicing clients every Monday for the previous week.
(b) Where you have adopted the Direct Debit for your billing option, then you acknowledge and agree:
- i) the Direct Debit Request forms provided to you (in electronic format or otherwise) containing the Sendayo logo and/or Sendayo User ID number shall remain at all times the property of Sendayo;
- ii) the Direct Debit Request is personal to Sendayo and no other direct debit company or institution shall have the right, permission or authorization to conduct debit transactions from customer accounts bearing the Sendayo logo and/or Sendayo User ID number unless otherwise authorized by Sendayo in writing;
iii) any debit transaction conducted by any institution or company without authorization is in breach of this agreement and not a valid transaction
- iv) you must complete the Direct Debit Requests and you must perform all reasonable requests of Sendayo to effect the purpose of the arrangement.
- v) the Direct Debit Request contains the confidential information which is the property of Sendayo, and you acknowledge that the provision of clause 16shall apply to this confidential information;
vii) Sendayo reserves the right to cease or halt the Direct Debit or reject the Direct Debit Request if at any time Sendayo believes that the relevant customer or any other person has acted fraudulently in connection with the Direct Debit;
vii) you will indemnify Sendayo from and against every liability, claim, or damages suffered or incurred by Sendayo (including without limitation claims brought by your Customers) arising in any way out of or in connection with the Direct Debit.
viii) you have authorised Sendayo to process error corrections and apply fees as detailed in clause 4 and 5 of these Terms. You will be advised 14 days in advance of any changes to the Direct Debit arrangements.
- ix) it is your responsibility to ensure sufficient cleared funds are in the nominated debiting account when the payments are to be drawn.
- x) if the due date for payment falls on a non-working day or public holiday, the payment will be processed on the next banking business day.
- xi) you acknowledge that if a debit is returned by its financial institution as unpaid, you will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Sendayo.
xii) All records and account details will be kept private and confidential to be disclosed only at the request of you or an appropriate Financial Institution in connection with a claim made to an alleged incorrect or wrongful debit.
xiii) Liability – Sendayo will not accept liability for any loss, damage or expenses incurred by you in the event of: i) debits conducted from an incorrect Bank Account or Credit Card where this information was supplied by you; ii) a delay in new or corrected information being received by Sendayo; iii) incorrect days, months, years being nominated by you; iv) the interpretation of a Direct Debit Request or amendment being incorrect; v) any and all bank fees and charges as incurred by any and all parties in respect to a direct debit where any of the events described in this clause have taken place; vi) any misuse or theft of the Direct Debit Requestor information contained in the Direct Debit Request, regardless of how this occurs.
- Refund Policy
Sendayo will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Sendayo makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
- Copyright and Intellectual Property
7.1. The Application, the Services and all of the related products of Sendayo are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Sendayo its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Sendayo, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(c) print pages from the Application for your own personal and non-commercial use.
Sendayo does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Sendayo.
7.3. Sendayo retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4. You may not, without the prior written permission of Sendayo and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
In Brief: Information, loss of information, stolen all that for both partners and customers.
Data Breach Disclosure – Security breach is defined as an unauthorized acquisition of unencrypted computerized data that compromises the security, confidentiality, or integrity of Sendayo maintained by an entity. If a Sendayo security breach was to occur Sendayo would immediately notify the affected organizations, provide a complete list of all patrons believed to have been compromised, and would work closely with organizations to satisfy notification obligations
- General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Sendayo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sendayo make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Sendayo) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the products of Sendayo; and
(d) the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Sendayo. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Sendayo will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Limitation of liability
11.1. Sendayo’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that Sendayo, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Sendayo as set out below.
12.2. If you want to terminate the Terms, you may do so by: (a) providing Sendayo with 7 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Sendayo has made this option available to you. Your notice should be sent, in writing, to Sendayo via the ‘Contact Us’ link on our homepage.
12.3. Sendayo may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Sendayo is required to do so by law;
(c) the provision of the Services to you by Sendayo is, in the opinion of Sendayo, no longer commercially viable.
12.4. Subject to local applicable laws, Sendayo reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sendayo’s name or reputation or violates the rights of those of another party.
13.1. You agree to indemnify Sendayo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
- Governing Law and Jurisdiction
The Services offered by Sendayo are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the terms of the Governing Law and Jurisdiction as contained in SECTION A General Termsshall apply
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.
Sendayo is protected under trademark.