Blueset Terms and Conditions
Blueset means Blueset PTY. LTD. (ABN 17 677 143 243). These terms and conditions determine how we provide the Blueset Service to you and your responsibilities in using the Blueset Service. Providing a valuable, accurate service to you is our main priority, so if you have any questions or concerns, please contact us at hello@blueset.com.au.
1. Introduction
Welcome to Blueset! By accessing and/or using this website, services available via the website, and related services we offer, including the Blueset products (collectively, the website), you agree to these Terms and Conditions, which include our Privacy Policy. You are taken to have accepted the terms of our Privacy Policy when you accept these Terms. We may change our Terms from time to time by publishing changes on the website. We encourage you to check the website periodically to ensure that you are aware of our current Terms.
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the blueset.com.au website (“Website”), “Blueset” application (“Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and blueset pty. ltd. (“blueset pty. ltd.”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and blueset pty. ltd., even though it is electronic and is not physically signed by you, and it governs your use of the Services.
2. Access to the Service & Registration and Use
2.1 Access to the Service:
You will have access to the Service within one (1) Business Day of the subscription being purchased through the Blueset Subscription Portal.
We will send your sign-in details to your registered email address.
After the completion of the Minimum Term, your subscription will revert to a monthly or yearly subscription (depending on your Service) and we will continue to provide the Service to you until the Service is cancelled by you in accordance with the Agreement.
2.2 Registration and Use:
To access the website, you need to be registered. You must provide accurate and current information, including your name, email address, and telephone number.
By logging into Blueset, you warrant that you are at least 18 years of age, possess the legal right and ability to enter into a legally binding agreement with us, and are properly registered or qualified in the profession you state when you sign up.
You are responsible for keeping your username and password secure and for all use and activity carried out under this username.
3. Using the Service
3.1 The Service is only available online. It is your responsibility to obtain and maintain reliable access to the internet for this purpose.
3.2 It remains your responsibility to adhere to the laws, rules, and regulations that govern disability service providers. We take no responsibility for the actions undertaken by you or your Personnel, whether guided by our Information and/or any Third Party Material or not.
4. Your Rights
4.1 We will comply with the Australian Consumer Law and provide the Service to you with reasonable due care and skill. In the event of unexpected faults, downtime, or errors, we will use reasonable endeavours to restore or repair the Service within a reasonable time.
4.2 In using our Service, you are entitled to all the guarantees provided to you under the Australian Consumer Law.
5. Privacy
Your privacy is important to us. Our Privacy Policy forms part of the Agreement and can be accessed at: www.blueset.com.au/privacy-policy. By accessing and/or using this website and related services, you agree and consent to the collection, use, disclosure, and storage of personal and/or health information in accordance with our Privacy Policy.
6. Third Party Material Disclaimer
6.1 The Information and/or Third Party Material presented in the Web App is obtained from official government publications and other credible sources. In the event of any inaccuracies of which we become aware, we will endeavour to rectify them within a reasonable time.
6.2 We are not the owners or creators of any Third Party Material and take no responsibility and are not liable for the accuracy or completeness of the same.
7. Payments
7.1 Fees and Charges:
You must pay the fees and charges for the Service, equal to the Total Minimum Commitment. The fees and charges form part of the Agreement.
You must pay the fees and charges for the Service even if the Service is unavailable or if you are unable to access the Service for a period of time. You may be entitled to a credit on your account if the Service is unable to be accessed for a substantial time, as determined in our sole discretion.
7.2 Billing and Invoicing:
We will charge you on a recurring basis (in advance) with your payment details you have provided to us. Tax invoices will be sent to your email address and are also available through the Blueset Subscription Portal.
Monthly and yearly service charges will be debited on the same day of the month to which the Service was activated (billing period).
If you do not pay the tax invoice by the due date or if your payment is declined, we may:
Charge you a late fee which remains payable until all outstanding amounts are paid.
Suspend or cancel the Service. If we suspend or cancel the Service, we may charge you a suspension fee, cancellation fee, and/or reconnection or reactivation fee as set out in the Agreement.
If you have overpaid as a result of our invoicing error, your account will be credited with the amount overpaid or we will use reasonable endeavours to notify you and refund the overpayment.
7.3 Refunds and Chargebacks:
If a payment that we process is subsequently recovered (whether by card chargeback or otherwise) by the payer, you must pay to us any amount that we remitted to you in respect of the recovered payment, and the amount of any fees and charges incurred by us as a result of the payment being charged back or recovered, within three (3) business days of us notifying you of the recovered payment and requesting payment from you.
We may, in our absolute discretion, set off any amount owed by you to us (including payments recovered as a result of a chargeback) from any payment that we owe to you and remit to you the net amount.
8. Variations & General
8.1 Changes to Terms:
We will give you notice in writing of any substantial changes to this Agreement by delivering notice of the change to your email address.
You are responsible for ensuring that you and your Personnel are familiar with the latest terms and conditions.
8.2 Governing Law:
The Agreement is governed by the laws of New South Wales and is subject to the exclusive jurisdiction of the courts of New South Wales, and courts of appeal from them.
8.3 Notices:
Notices under the Agreement must be delivered by email to the email address of the party.
8.4 Waivers:
No right under the Agreement will be deemed to be waived except by notice in writing signed by each party.
8.5 Severability:
If any part or provision of these Terms is invalid, unenforceable, or in conflict with the law, that part or provision is replaced with a provision that, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.
9. Fault Reporting and Rectification
9.1 We may occasionally need to conduct maintenance or updates to the Service. We will endeavour to conduct maintenance and updates outside Normal Business Hours.
9.2 We provide a 24-hour fault reporting service for you to report faults via email at support@blueset.com.au. Before reporting a fault to us, you must take all reasonable steps to ensure that the fault is not caused by any equipment, hardware, or other software owned and/or operated by you.
10. Cancellation & Ending Your Use of the Website
10.1 Cancellation by You:
You may cancel the Service at any time by:
Completing our Cancellation Form, available on our website or by contacting our customer service team.
Informing us in writing without penalty, if an update has a substantially detrimental impact on access to or the quality of the Service (as determined in our sole discretion).
Giving us written notice if we breach a material term of the Agreement and we either cannot remedy that breach or fail to remedy that breach within thirty (30) days after you give us notice requiring us to do so.
10.2 Cancellation Before Minimum Term:
If you cancel the Service before the completion of the Minimum Term:
You must pay any outstanding fees and charges required to meet your Total Minimum Commitment.
You authorize us to take payment of any outstanding fees and charges less any overpayment on your account and/or money that you have paid in advance for the Service.
If you pay for the Service by direct debit, you authorize us to debit any outstanding fees and charges.
10.3 Cancellation After Minimum Term:
If you cancel the Service after the completion of the Minimum Term:
You are liable for any fees and charges incurred up to, and including, the last day of your current billing period.
If your account is in credit, we will contact you to arrange for a refund to your nominated account.
10.4 Cancellation by Us:
We may cancel the Service at any time, without cause, by giving you at least thirty (30) days’ written notice.
We may cancel the Service at any time, including prior to the Service Start Date, without liability, if:
We reasonably suspect fraud or other illegal activity by you, your Personnel, or any other person in connection with the Service.
We are required to comply with an order, instruction, request, or notice of a regulator, emergency services organization, any other competent authority, or by authorization of or under law.
You suffer an insolvency event, and we reasonably believe we are unlikely to receive payment for the Service.
– Your Service is suspended for more than fourteen (14) days, unless otherwise set out in the Agreement.
– If we reasonably determine that it is not technically or operationally feasible or commercially viable to supply the Service to you.
10.5 Immediate Cancellation:
We may cancel the Service as soon as we give you notice, unless otherwise set out in the Agreement.
11. Suspension
11.1 We may suspend the Service with immediate effect at any time without liability if we become aware of unauthorized usage of the Service by you and/or your Personnel.
11.2 We may suspend the Service if any amount owing to us is not paid within seven (7) days of us sending you written notice.
12. Assignment and Transfer
12.1 We may assign some or all of our rights and obligations under the Agreement without your consent or notice to you.
13. Application
We may refuse your request for access or provision of the Service at our sole discretion.
14. Complaints and Disputes
14.1 If you have any complaints in connection with the Service or the Web App, you may complain in writing by email to support@bluesett.com.au.
14.2 We will use our best endeavours to resolve all complaints, however, if we are not able to resolve a complaint to your satisfaction, you may take any other action as available to you at law.
15. Liability and Indemnity
15.1 We will not be liable for any:
Damage to, loss or theft of, or corruption of your data.
Loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful, negligent act or omission by you or your Personnel.
Negligent act or omission by us or our Personnel.
Loss of profits, revenue, anticipated savings, business, opportunity, contract or goodwill, or any consequential, indirect, or special loss, damage, or injury of any kind suffered or incurred by you or your Personnel arising directly or indirectly from your access to and use of the Service and/or the Web App; your access, reliance, or dependency upon Information and/or Third Party Material; the performance or non-performance of our obligations under the Agreement (including, but not limited to, a failure to meet any service level agreed to for the purposes of the Agreement), any breach of our obligations under or in connection with the Agreement, or from any negligence, misrepresentation, or other act or omission on our part.
Any Updates or change we may make to the Services and/or the Web App from time to time.
15.2 Notwithstanding anything else in the Agreement, our total liability to you in respect of all claims arising in connection with this Agreement or the services we provide shall not exceed the aggregate of the fees paid by you to us in the twelve (12) months prior to the date of your claim.
15.3 We will not be liable to you in respect of any matter whatsoever unless we receive notice in writing of any claim for Loss within five (5) Business Days of the occurrence of the event or default in respect of which your claim arises.
15.4 You indemnify us and must keep us and our Personnel indemnified against all claims, suits, actions, demands, Loss (including consequential, special, punitive, indirect or economic loss or damage, loss of profits or opportunity), liability, costs, expenses (including legal expenses on a full indemnity basis and any debt recovery agency fees), judgments, and awards made against us or incurred by us to the extent that such is caused (directly or indirectly) by your breach of the Agreement or any negligent act or omission or breach of any law by you or any of your Personnel.
16. Intellectual Property
16.1 We own all Information (including Intellectual Property Rights) developed by us or our Personnel forming part of the Service and Web App.
16.2 We may permit you to use our Information (including Intellectual Property Rights) as part of the Service. This permission is subject to any conditions which we may impose from time to time and will terminate when the Service is cancelled.
16.3 Information provided by us as part of the Service may not be retransmitted, reproduced, or otherwise distributed or used in any form without our express written consent, unless for its intended purpose of assisting with NDIS registration, renewal, and ongoing compliance.
17. Unacceptable Activity
17.1 You must not commit any act that we would deem to be inappropriate, unlawful, or prohibited by any laws applicable to the website, including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals.
Using this website to defame or libel us, our employees, or other individuals.
Uploading files that contain viruses that may cause damage to our property or the property of other individuals.
Posting or transmitting to this website any non-authorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security.
18. Third Party Services and Outages
18.1 Our Service may include access to third-party services. We do not control these third-party services and are not responsible for their performance, accuracy, reliability, or availability.
18.2 We will not be liable for any loss, damage, or inconvenience caused by the failure of third-party services, including outages or interruptions.
18.3 In the event of a third-party service outage, we will use reasonable efforts to notify you and work with the third party to restore the service as soon as possible.
19. Special Terms and Conditions Applicable to the Service
19.1 Users of the Web App are named individuals who are provided with their own sign-in credentials. These credentials cannot be shared, however, Customer Administrator user roles are able to update the list of active users at any time.
Definitions
In these terms and conditions, the following words have the meaning set out below:
Agreement: The agreement between you and us for the provision of the Service, of which these terms and conditions form part.
Australian Consumer Law: The law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and related legislation (as amended).
Business Day: A day in Sydney, NSW other than a Saturday, Sunday, or public holiday.
Blueset Subscription Portal: The online portal you use to subscribe and pay for the Service.
GST: GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation (as amended).
Intellectual Property Rights: All statutory and other proprietary rights in respect of patents, designs, copyright, databases, moral rights, trade and business names (including domain names), and all trade secrets, confidentiality, know-how, and technical information owned by us.
Information: Content presented in the Web App. This includes, without limitation, text, graphics, artwork, and design.
Loss: Any loss, costs, liability, injury, or damage, including reasonable legal costs.
Normal Business Hours: The hours between 9 AM to 5 PM AEST, on a Business Day.
Personnel: The officers, employees, agents, contractors, or other authorized representatives of the parties to this Agreement.
Service: The services which we provide to you by providing access to the features, Information, and Third Party Material in the Web App.
Service Start Date: The date on which we make the Service available to you.
Special Offer: A special promotion or offer made by us to you.
Third Party Material: Information or material owned or provided by a third party that is included, accessed, or provided through the Service and Web App.
Total Minimum Commitment: Fees and charges applicable to the Minimum Term billed in either monthly or yearly instalments in advance.
Update: A release of software that corrects faults, adds functionality, or otherwise amends or updates the Service or Web App.
We, us, and our: Blueset Pty. Ltd. (ABN- 17 677 143 243), and includes its officers, employees, contractors, agents, successors, and assignees.
Web App: The Blueset internet application.
You and your: The customer, being the person (or a person on behalf of a company with the legal authority to bind that company) who purchases the Service