General Terms:

Pre Condition To Use:

Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the links and information contained on it. If you choose to use Haystack Works websites and use the information provided then Haystack Works will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Haystack Works rights and obligations to each other.

Amendment of Terms:

Haystack Works reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the information on the website.

Limitation of Liability

Although rigorous control mechanisms are in place, errors on the website may occur. Haystack Works is in no way responsible for any damage or loss incurred due to errors made on the Haystack Works.com.au or any other websites operated by Haystack Works.

It is an essential pre-condition to you using Haystack Works website that you agree and accept that Haystack Works is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site or any other products or services provided by Haystack Works, whether from errors or from omissions in our documents or information or from any other use. In short, your use of any Haystack Works sites, products or any service is at your own risk.

Links To Other Websites:

Haystack Works might provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Haystack Works and the owners of those websites. Haystack Works takes no responsibility for any of the content found on the linked websites. Haystack Works website may contain information provided by third parties. Haystack Works accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Your Information:

Haystack Works may use your information in a general sense without any reference to your name to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Haystack Works may use the information that you provide to improve its website and its services.

Disclosure of Information:

Haystack Works may disclose information in good faith and where Haystack Works is required to do so:

  • by law or by any court; such as to comply with a subpoena, or similar legal process;
  • to enforce the terms of any of our customer agreements;
  • to protect the rights, property or safety of Haystack Works, its customers or third parties; or
  • to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement
  • as non-personal information (e.g. de-identified or aggregate data) to third parties;
  • if Haystack Works is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Copyright And Restriction of Use:

You are not permitted to reproduce the documents, information or materials on the Haystack Works website for the purposes of conducting a business competitive with or similar to the business of Haystack Works. In particular you are not permitted to republish, download, transmit electronically or otherwise distribute any of the information that you download from its website where that activity is part of a business that is competitive with or similar to the business of Haystack Works. Haystack Works expressly reserves all copyright in its website and in all documents and information on its website or apps.

Trademarks and Restriction of Use:

You are not permitted to use any trademarks, trade names, graphics or designs that are on Haystack Works website without the written consent provided by Haystack Works. If you breach Haystack Works trademarks then Haystack Works reserve the right to take action against you.

Exclusion of Competitors:

If a principal part of your business is similar to Haystack Works and e.g. includes the provision of object code generation similar to Haystack Works, then you are a competitor of Haystack Works. Haystack Works expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Haystack Works will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Haystack Works reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

Exclusion of Unenforceable Terms:

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

Privacy Policy

Last updated: 6 February 2017

Privacy is very important to us and of course to you. We recommend that you read this page carefully (along with the Cookie Policy and Terms of Use) as it explains how we collect and use your personal information.

  1. Haystack Works commitment to maintaining your privacy


Haystack Works Privacy Statement has been created because we value our users and recognise their right to keep personal information private. This statement discloses our information gathering and dissemination practices for Haystack Works.

  1. Collecting information on Haystack Works visitors


Haystack Works collects information on our site visitors collectively including which sections of the site are most frequently visited, how often and for how long. This data is always used as aggregated, non-personal information. Haystack Works utilises this information to improve and enhance our services by monitoring the areas on the site, which are most popular to you. This aggregated information may be shared with Haystack Works partners to provide them with an overview of how Haystack Works visitors use the site. This is done for the purposes of providing you with a more efficient site.

IP Addresses
 Haystack Works web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.

Haystack Works uses cookies to provide you with a better experience. These cookies allow us to increase your security by storing your section ID and a way of monitoring single user access. For detailed information on the cookies we us and the purposes for which we use them, see our Cookie Policy.

This aggregate, non-personal information is collated and provided to Haystack Works to assist in analysing the usage of the site.

By using the Haystack Works website, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

  1. Collecting information on Haystack Works Registered users


As part of registering with Haystack Works, we collect personal information about you in order for you to take full advantage of Haystack Works services. To do this it may be necessary for you to provide additional information to Haystack Works as detailed below.

Registration for Haystack Works services allows you to take advantage of more of the tools and resources to assist you with any information you may require. Registration includes submitting your name, email address, address, company, company classification, telephone numbers, option on receiving notifications and other functionalities. You may access this information at any time by login into your user account.

In addition, certain information may be collected automatically, including, but not limited to, the type of mobile device you use, your mobile devises unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and information about the way you use our Website.

  1. Storage & Security of Personal Information


The personal information and data we collect from you may be transferred to, processed and/or stored at a destination outside of Australia. It may also be processed by staff operating outside Australia who work for us or for one of the organisations we work with. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password for your account that enables you to access our website or app, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website or app; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Haystack Works takes all reasonable steps to ensure the security of our system.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by Haystack Works. However, Haystack Works will not be held responsible for events arising from unauthorised access of your personal information.

  1. Data Retention

We will retain User Provided data for as long as you use the Haystack Works websites and for a reasonable time thereafter. We will retain collected information for up to 12 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Haystack Works websites, please contact us at privacy@Haystack Works.com.au and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Haystack Works services to function properly.

  1. Access to Your Information

Unless you become a registered Haystack Works user, Haystack Works does not collect information that identifies you personally. If however, you become a Haystack Works registered user, you are able to change and update your registered profile at any time. Should you require assistance with updating your account or removing your details from the site, this can be by forwarding an email to: policy@haystackworks.com.au .

  1. Haystack Works Partners & Advertisers


Haystack Works provides links and passes to third party sites. The use of your information by these third party sites is not within the control of Haystack Works and we cannot accept responsibility for the conduct of these companies.

  1. Feedback


Haystack Works welcomes ideas and feedback about all aspects of the site. Haystack Works stores feedback that users send to us. This feedback will be used to administer and refine the service and may be shared with Haystack Works partners either in aggregate form or with specific identifying characteristics removed.

In some instances you may provide comments to us regarding our services. These comments may be displayed on our website to other users, if you do not wish for your comments to be displayed please email privacy@HaystackWorks.com.au and we will remove your comments.

  1. Privacy & Site Changes

From time to time, Haystack Works may review and update its privacy statement as described in our Terms and Conditions. Revised versions will be updated on the website. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

 Acceptable use policy

Last updated: 6 February 2017

Any Projects that you create with Haystack Works Apps, and any comments and/or other material (User Content) that you upload to our website must comply with the following:

It must not infringe any copyright, database right, trademark or other intellectual property rights of any other person.

  • It must not contain any material, which is defamatory of any person; and/or obscene, offensive, hateful or inflammatory.
  • It must not promote: sexually explicit material;

violence;

discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or

any illegal activity.

  • It must not be likely to deceive any person.
  • It must not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • It must not be threatening abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • It must not be likely to harass, upset, embarrass, alarm or annoy any other person.
  • It must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • It must not give the impression that it emanates from us, if this is not the case.
  • It must not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such Project or App Content complies with Acceptable Use Policy set out above, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Website terms of use

Last updated: 6 February 2017

Please read before using this website. If you have any questions in respect of these Terms of Use, please contact us here.

Key terms

  • By using the website, you are automatically agreeing to these Terms, our Privacy Policyand Cookie Policy.
  • Everything on our site is just for you to look at, download and/or use. You can’t sell it or pretend you made the site.
  • Anything you tell us (for example, your name and email address) is subject to our Privacy Policy. Please make sure you have read this too before using our website.
  • This website uses cookies. Please make sure you have read our Cookie Policy before using our website.

About us

We are Haystack Works PTY LTD, an Australian company and our registered office is at 84 Dampier Avenue, Mullaloo, 6027 Australia, WA.

Acceptance of these terms

By using the site you are agreeing to these Terms of Use and any policies we have (including our Privacy Policy and Cookie Policy), all together called our ‘Terms and Conditions’. If you do not agree to these Terms, you must not access or otherwise use our website.

Changes to these terms

We may modify, alter or update these Terms at any time so please check this page regularly. As above, if you continue to use the website you will be deemed to have accepted any changes to these Terms.

What you can do

You can use our website to:

  • find out about our products, which may be available in the form of a desktop app for PC and Mac and/or a mobile / tablet app, via different types of browsers and which can be used to create Projects; collect and generate data (code).
  • find out about other we offer
  • sign up for an account with us
  • take a trial of our products (to do this you may need to sign up for an account with us)
  • subscribe to a monthly or annual license to use our software products
  • send us or transfer information to us.

If you have any problems using our site, please or contact us here.

Content standards

Any Project that you create (whether or not you upload it to our website), and any comments and/or other material (User Content) that you upload to our website must comply with our acceptable use content standards (Content Standards):

  • It must not infringe any copyright, database right, trademark or other intellectual property rights of any other person.
  • It must not contain any material which is

defamatory of any person; and/or

obscene, offensive, hateful or inflammatory.

  • It must not promote:
  • sexually explicit material;
  • violence;
  • discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
  • any illegal activity.
  • It must not be likely to deceive any person.
  • It must not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • It must not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • It must not be likely to harass, upset, embarrass, alarm or annoy any other person.
  • It must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • It must not give the impression that it emanates from us, if this is not the case.
  • It must not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such User Content complies with the Content Standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content you post to our website or our blogs (except for support and/or maintenance purposes or where you save your Projects to Haystack Work’s cloud storage) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of our website.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the Content Standards set out above or which we otherwise believe to be inappropriate (in our sole opinion).

The views expressed by other users on our site do not represent our views or values.

We are never responsible for the Projects you make using our software, or any liability you incur as a result of your Projects. This includes any action taken against you by third parties for infringing their copyright or other intellectual property rights.  You should therefore ensure that you have obtained all appropriate consents and licenses to use other’s materials or intellectual property rights and indemnify us for any losses, damages or claims arising from our storage/usage or display of the same.

Your account and password

If you register for an account with us, you will need to provide a valid email address, which will be used as your user name, and a password for security purposes.

You must treat your password as confidential, and must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password.

Information you submit on our website will be used in accordance with our Privacy Policy.

If you wish to close your account, please cancel your subscription and your payment instructions by contacting your payment provider.

Downloading our software

You may need to sign up for an account with us before you may use any of our software products.

If you choose to download any of our software products (whether on a trial basis or otherwise), your use of the relevant software will be governed by additional license terms. You will be asked to agree to these additional license terms before you can download the software – please read these carefully.

You may be offered a free trial period of our software when subscribing.  If you wish to continue using our software after that, you may need to subscribe to a monthly or annual license, for which license fees will be payable.  All the information about our subscription licenses can be found on our websites. If you have any questions, please contact us.

It’s our website

This website and its contents and information (including without limitation, format, layouts, text, tools, photographs, images, videos, animations and any other content), the software products or other material (whether graphic, audio visual or otherwise) available from our website are owned by our licensors, as appropriate or us. All these materials are protected by copyright and other intellectual property laws. Except for private and non-commercial use (or as otherwise permitted under separate license terms), you may not use anything of ours. We reserve all our rights in relation to the website and its contents, the software products or any other graphic or audiovisual content available from our website. We may transfer our rights and obligations to anyone without your permission.

Unauthorized use, copying, publication, uploading, framing, posting, downloading, transmitting, distributing or other misuse of our website or its contents is or any on sale or licensing of materials developed using our software without an active fully paid up license is strictly prohibited.

Sometimes things don’t work

The website or any part of it or content/ functionality within it may be unavailable sometimes due to maintenance, malfunction or for various other reasons. We don’t take any responsibility for this, nor any delays, errors, interruptions or defects you experience. We can’t make any promises in relation to the performance of the website.

Viruses

We do not guarantee that our website will be secure or free from bugs or viruses but we use reasonable endeavors to use up to date virus checkers to minimize the risk of introducing bugs or viruses to your systems.

You are responsible for configuring your information technology, computer programs and platform in order to access our website and any materials or software available on it. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the servers on which our website is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Children and minors

Children and any under-18s should only access the website with the permission of a parent or guardian.

We urge parents or guardians who permit minors to use the website to inform them of safety online. You are solely responsible for deciding whether or not the website content is appropriate for the child you are allowing to access the website.

Our liability to you

The website is provided on an ‘as is’ basis and we have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with your use of the website. We can’t accept any responsibility for any failures, loss or damage resulting from your use of the website.

Under no circumstances will Haystack Works (or its employees, agents and sub-contractors, or member of its group and third parties connected to the group) be liable to you for any costs, damages, claims, actual or alleged indirect loss or consequential loss however arising suffered by you, including, but not limited to, loss of profits, loss or corruption of data, savings, business or opportunity, reputation or any other sort of economic loss.

Privacy policy

You can read our Privacy Policy at any time by clicking here.

Cookies

This website uses Cookies, you can read our Cookie Policy at any time clicking here.

Linking to our site

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link or do anything in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact us.

Other people’s websites

Sometimes the website will share links or redirect you to other people’s websites. These sites aren’t under our control and we aren’t responsible for (and don’t endorse) their content or policies. You are responsible for using these sites, including buying anything through them.

Finally…

These Terms and any disputes about them will be governed by the laws of Australia and the courts of Australia, WA, Perth shall have exclusive jurisdiction as regards any claim, dispute or matter related to these Terms or the website.

Contact us

To contact us, please email info@haystackworks.com.au.

App licence and user terms

Last updated: 6 February 2017

You, the subscriber, agree to be bound by these terms, to comply with them, and to ensure that all your users (as defined below) comply with them. They continue to apply after your subscription has ended. Please note that they include terms, which exclude and restrict our liability even if we have been negligent.

The app is made available by us, Haystack Works PTY Ltd, a company incorporated in WA, Australia. Our registered office and main trading address is 84 Dampier Avenue, Mullaloo, WA, 6027 Australia.

1 Interpretation

In these terms:

app: means the code that provides the app’s functionality and the app content;

app content: means any code generated and provided for download, images (still or moving) of any kind, data, text, music, speech and other sounds made available by us for use with the app code;

product description: means the description of the app, the app content, and the services we provide in connection with the app which appears on any of our websites (e.g. www.haystackworks.com.au, www.tomato.solutions )

project: means a collection of code generated or downloaded and sequence of images (still or moving) of any kind, text, data, music, speech and other sounds created or used with the app by one or more of your users under your app account which is intended to be used with the app as a single entity – projects with some apps may be known by another name;

you: means the person who has subscribed to the app, which may be a company, a firm or an individual;

your users: means you and anyone else who uses the app through your app account and either does so with your permission or works for you;

your content: means any images (still or moving) of any kind, text, music, speech and other sounds, and data used with the app by your users, except those which are app content;

Any use of the app by your users is deemed to be use by you, and any project created or used by your users is deemed to be your project, and references to “your use” and “your project” in these terms and our acceptable use policy include any use by your users and any project created or used by your users;

“we” and “us” refer to Haystack Works and “our” means “Haystack Work’s”;

“person” includes an individual, a partnership and a corporation of any kind, no matter where in the world he or it is resident, domiciled, incorporated or established;

A reference to your subscription ending includes its coming to an end by termination;

Examples introduced by the words “including”, “include”, “in particular” or any similar expression only emphasise that those examples are included and do not limit the sense of any preceding words;

A reference to the singular or the plural includes both, and a reference to any gender includes all genders;

A reference to a statute or a statutory provision is – unless expressly stated otherwise – a reference to it as it is in force from time to time.

2 The app and our services

2.1 The app’s functionality, the app content and the services we provide in connection with the app, are as described in the product description.

2.2 Except to the extent that any such term is to be treated as being included by virtue of the ACL (Australian Consumer Law) and cannot be excluded, it is not a term of your agreement with us that the app is of satisfactory quality or has any functionality that is not described in the product description, or that we will correct any defects in the app or develop it further.

2.3 Subject to the ACL, we may remove any functionality from the app without providing any reason or warning.

2.4 We warrant that we have exercised reasonable care and reasonable skill in creating the app, and that we will provide our services with reasonable care and reasonable skill, but it is not a term of your agreement with us that we will achieve any particular outcome.

2.5 The app may require the installation of software and software updates on your device, and the exchange of information between your device and our systems, and you agree to this.

3 Use of the app

3.1 You may need an active Haystack Works account to use the app. You will be able to register an account as part of the ordering process if you do not have one already.

3.2 Subject to these terms and your compliance with them, you may use the app in accordance with these terms. You may not use the app otherwise and you agree not to do so.

3.3 You may only use the app within the scope of your subscription as it is described on our website.

3.4 You must ensure that the number of your users does not exceed the number permitted by your subscription and that each of your users: works for you; has read and accepted these terms; uses the app only on your behalf; complies with our acceptable use policy and the special copyright acknowledgement and licence terms; has agreed that we may use information about him in accordance with our privacy policy.

3.5 You must ensure that only one individual knows the primary username and associated password for your app account, and that each of your users keeps his username and password secret.

3.6 Unless and until you tell us that you believe someone is using the app through your app account without your permission, anyone using it through your app account is deemed to be one of your users and you will be liable for that use. This does not apply if that person does not work for you and did not acquire your app account username or password through you, your authorised users or anyone who works for you, but it is for you to prove that this is the case.

3.7 You may not charge anyone for using the app or allow anyone to use the app except for the purposes of viewing or using your projects.

3.8 You may only use app content with the app and you may only use it for creating and using your projects.

3.9 You may use your projects with the app for private or commercial purposes.

3.10 While your subscription is current:

(a) You may use the app to create, edit and use your projects;

(b) You may store your projects on our system;

(c) You may charge anyone for using your projects (but not the app).

3.11 Once your subscription has ended:

(a) Provided it lasted at least one month, your app account remains active, and you comply with these terms, you will be able to use any of your projects, which are stored on your system;

(b) You will not be able to access or use any of your projects, which are on our system;

(c) You will not be able to create or edit projects;

(d) You will not be able to store projects on our system;

(e) We may retain any of your projects, which are on our system for as long as we wish;

(f) We may permanently delete any of your projects from our system without warning.

3.12 You must not use the app or your projects in connection with any offence, libel or slander, or in any way that is unlawful, unreasonably causes any person distress or offence, or brings our name into disrepute.

3.13 You must ensure that your projects do not infringe any rights of any third party, and that your use of your projects and/or the app does not either.

3.14 You must not modify the app in any way, combine it with any other software, or give any indication that it is anything other than an app that has been created and distributed by Haystack Works.

4 Intellectual property rights

4.1 Subject to clauses 4.2 and 4.3, we will not acquire any rights or interests in your projects.

4.2 You will not acquire any title, right, or interest to or in the app, all of which are retained by us or the persons who have licensed any parts of the app to us.

4.3 You authorize us to use your projects, both while your subscription is current and after it has ended, in the course of making the app’s functionality available to you, and providing our support services to you.

5 Technical protection measures

5.1 The app and the intellectual property in it are protected by technical measures to prevent unauthorized use and you agree not to remove or circumvent any of these.

6 restrictions of our liability

6.1 We will not be in breach of contract or liable in any way whatsoever for failing to discharge our obligations, or for doing so late, if that failure or delay is a consequence of any failure on your part to discharge your obligations, or any delay on your part in doing so, or any cause that is beyond our reasonable control.

6.2 we will not be liable for any of the following:

(a) Loss or damage resulting from the app not being available for use;

(b) Loss or damage resulting from the deletion of your projects from our system after your subscription has ended, or any costs and expenses associated with their reconstruction;

(c) Indirect or consequential loss or damage;

(d) Loss or damage of or to reputation, goodwill, business, revenue, profit or expected savings;

(e) Loss or damage of or to any software or data (including your content and your projects) which you could reasonably have avoided by making a backup copy of it;

(f) Any fine, penalty, tax or other levy imposed on you or another user by any court, tribunal or regulator in connection with your content or your projects;

(g) Any costs or expenses incurred by you or another user in avoiding or dealing with any investigation, action or proceedings brought by or before any regulator in connection with your content or your projects.

7 Indemnity

7.1 You agree to indemnify us in respect of all loss, damage, costs and expenses, which we suffer or incur as a consequence of your breach of these terms. Your liability for our costs and expenses under this indemnity is to be assessed on the court’s “indemnity basis” rather than the “standard basis”, and you are liable to pay them under this indemnity even if you would not otherwise be liable for costs and expenses (including by reason of the allocation of the case to the court’s small claims or fast track).

7.2 If your projects or your use of them infringe any rights of any third party, then except to the extent that the infringement results from the inherently infringing nature of the app, you agree to indemnify us against the costs and expenses we incur in defending and settling any claims based on the infringement which are brought against us, and any payments we reasonably make in settlement of such claims or pursuant to any orders of a court or arbitrator in respect of such claims. Your liability for our costs and expenses under this indemnity is to be assessed on the court’s “indemnity basis” rather than the “standard basis”, and you are liable to pay them under this indemnity even if you would not otherwise be liable for costs and expenses (including by reason of the allocation of the case to the court’s small claims or fast track).

8 Personal data

8.1 We will comply with our privacy policy

8.2 We will store any payment card details in an encrypted form and we will have agreements with any companies we use to process your payments requiring them to do the same.

8.3 Each of your users is entitled to request the following: (i) A copy of the personal data about him which we hold as a data controller; (ii) Its source; (iii) The purposes we use it for as data controller; (iv) Who receives it, or may receive it, from us. We charge AUD 25 for providing this information.

8.4 Each of your users is entitled to insist that we stop using for direct marketing purposes his email address and any personal data about him, which we hold as data controller.

8.5 If one of your users believes that our use in a particular way of any personal data about him which we hold as data controller is causing someone substantial and unwarranted damage or distress, or is likely to do so, he is entitled to ask us to stop using it that way and we will deal with his request within a reasonable period.

8.6 You are the data controller with regard to any personal data recorded in your content and projects and we are acting as your data processor with regard to such data. Except as required or permitted by law, we will only process that personal data as part of providing the app’s functionality to or for you. In doing so, we may transfer your content and projects to other companies and to countries outside Australia (which may not have adequate laws for protecting that personal data) for storage and processing on our behalf in those countries. We will always have appropriate contractual arrangements with those companies which restrict their use of your content and projects to the provision of their services to us, but as the data controller it is your responsibility to ensure that any such transfers satisfy the conditions imposed by the federal Privacy Act 1988.

9 We may close your app account

9.1 If any of the following events occur we may, at our absolute discretion, close your app account and prevent your use of the app or your projects without any liability to you:

(a) If you fail to pay any monies due under these terms by the due date;

(b) If you breach any of these terms in any way;

(c) If you use the app or your projects in any way which, in our reasonable opinion, is in breach of these terms;

(d) If a third party threatens to start legal proceedings against us unless we prevent the use of the app in connection with one or more of your projects;

(e) If you challenge or dispute the subsistence or validity of any title, right, or interest to or in the app or your projects which are retained by us (or the persons who have licensed any parts of the app to us) under clause 4.2.

9.2 We may also, at our absolute discretion, close your app account and prevent your use of the app or your projects without giving any reason or warning, but in this case we will refund any monies you have paid in respect of the remainder of the period for which you have paid, calculated proportionately according to the number of days remaining.

10 General terms

10.1 We may analyse your use of the app for our own business purposes.

10.2 We may use your name and trademarks in our marketing materials to identify you as a user of the app.

10.3 We may freely assign the benefit of your agreement with us.

10.4 If these terms require you not to do something, you must not attempt or allow, assist or encourage any other person to do it either.

10.5 Our acceptance of your subscription charges, and our permitting you and your users to use the app, will not prevent us from exercising any right or remedy we may have in respect of your breach of these terms even if we are aware of it at the time, and you agree not to claim that it does.

10.6 Except where they state otherwise, these terms do not give anyone other than you and us (or our successor in title) any right to enforce them and neither you nor we need any third party’s consent before terminating the agreement you have with us.

10.7 We may change these terms at any time to the extent required in order to comply with any law, regulation or court order without your or any third party’s agreement. We will inform you of any such changes, after which both you and we will be legally bound by them.

10.8 We may change these terms at any time, without giving any reason, without your or any third party’s agreement. We will inform you of any such changes, after which both you and we will be legally bound by them unless you end your subscription within 7 days. If you do end your subscription within 7 days, we will refund any monies you have paid in respect of the remainder of the period for which you have paid, calculated proportionately according to the number of days remaining.

10.9 Every aspect of your agreement with us (including its formation and effect) is governed by Australian law and the Australian courts have exclusive jurisdiction over any contractual or other dispute relating to, or arising out of, the agreement, the app or your use of it. As an exception, you or we may apply to any court, which would otherwise have jurisdiction for an injunction (or an equivalent or similar order) to restrain the other from infringing its rights or breaching the agreement.

Subscription payment terms

Last updated: 6 February 2017

Your subscription will start as soon as your first payment has been successfully processed and will continue until you cancel it.

For monthly and yearly payment plans we will take recurring payments as near as possible to the same day every month or year as applicable. For monthly and yearly payment plans, we may increase the subscription fee at any time starting with your next subscription renewal, but we will tell you at least 30 days before the increase takes effect. If you wish you may then cancel your subscription provided you do so at least three business days before the increase takes effect.

You may cancel your subscription at any time by clicking the cancellation link on your account page (subscriptions). Any payment already made is non-refundable, but if you cancel at least three business days before your next scheduled payment then that payment will not be taken.

Any Refunds are at our own discretion and will be made using the same method as the original payment. You may email us on privacy@haystackworks.com.au .You do not need to say why you are cancelling.

Cookies

Last updated: 6 February 2017

What’s a cookie?

Cookies are tiny pieces of data that are stored on your computer when you visit a website. They contain information that is transferred to your computer’s hard drive and which is sent back to us when you view subsequent pages.

What do you do with them?

We use them to tell you apart from other users of our website – this allows us to give you a good experience when you use our website and helps us improve the website.

They are also used to track your activity (anonymously) by Google Analytics.

If you are referred to the site by an affiliate they will also track this. Cookies don’t harm your computer.

What if I don’t like the sound of cookies?

You can turn them off however this may severely affect the functionality of the product and service, which we provide.

You will need to change the browser settings on your computer to turn them off.

You should know, if you do turn your cookies off, some parts of our website might not work properly (but you can always turn them back on again).

Detailed information about our cookies

We use the following types of cookie:

  • Strictly necessary cookies – these are needed to make our website work
  • Analytical or performance cookies – these allow us to recognise and count the number of people that visit our site. They also allow us to see how people move around the site when they are using it. We use this information to make the website better and easier to use.
  • Functionality cookies – these are used to recognise you when you return to our website. This allows us to personalise our content for you and remember things like your choice of language or location. Also Google Analytics and affiliates as above
  • Targeting cookies – these record when you visit our website. We use this information to make our website and any advertising on it more relevant to what you like.
  • Tracking cookies

Other people’s cookies

Other people (like advertisers and people who monitor website use and linked social media or other sites such as YouTube and Facebook) may also use our cookies. We don’t have control over these people or what they do with our cookies but they won’t contain any of your personal information. Please ensure that you read any third party terms carefully.