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Terms of Service
By using the ChargeDesk web site ("Service") and all services of ChargeDesk you are agreeing to be bound by the following terms and conditions ("Terms of Service").
ChargeDesk is owned and operated by Peter Industries Pty Ltd, acting as The Trustee for Peter Family Trust registered in NSW, Australia (ABN 13 588 984 088).
ChargeDesk reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://chargedesk.com/terms-of-service
1. ChargeDesk's Obligations
ChargeDesk shall provide to you the Service subject to the terms and conditions
of Agreement. ChargeDesk's obligation to begin providing the Service is
contingent on you paying any outstanding balance on your account in full. ChargeDesk will
comply with all laws applicable to its provision of the Service.
2. Account Terms
If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement.
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account, password and any other authentication credentials such as access keys. ChargeDesk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
3. Cancellation and Termination
You are solely responsible for properly cancelling your account. You can do this at any time by sending an email to email@example.com
Upon cancelling your account, you may request to have all of your account data deleted from the Service. This data can not be recovered once it is deleted.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your current billing period.
Upon cancellation of the Service, you are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased.
ChargeDesk reserves the right, however, in its sole discretion and without involving charges or obligation to Users generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case.
ChargeDesk, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ChargeDesk service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. ChargeDesk reserves the right to refuse service to anyone for any reason at any time.
4. Modifications to the Service and Prices
ChargeDesk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon 60 days notice from us. Such notice may be provided at any time by email to the billing contact recorded on your account.
ChargeDesk, in its sole discretion, may exclude you from future changes to the price of the Service. You may enter into the ChargeDesk Commitment Program to guarantee a price for the Service for a set period of time.
ChargeDesk shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Data Ownership and Usage
We claim no intellectual property rights over the data you provide to the Service.
At any time, you may email firstname.lastname@example.org to request that all data stored on your account is deleted within 14 days. Backups of data will be deleted within 180 days.
While ChargeDesk does not record PAN (Personal Account Numbers) including full credit card numbers or CVC numbers, you acknowledge that ChargeDesk records personally identifiable meta-data about your customers, such as billing addresses and purchase history.
Unless otherwise specified, data recorded by the Service will be stored inside the United States.
If you are subscribed to the ChargeDesk Business plan or higher and ChargeDesk is your "Business Associate" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, then as of the date that ChargeDesk becomes your Business Associate the HIPAA Business Associate Addendum at https://chargedesk.com/hipaa-baa shall become part of the Agreement.
6. General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
You use the Service will be recorded and may be used in both internal an external reports.
You understand that ChargeDesk uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ChargeDesk, or any other ChargeDesk service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ChargeDesk.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ChargeDesk customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
ChargeDesk does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that ChargeDesk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ChargeDesk has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of ChargeDesk to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ChargeDesk and govern your use of the Service, superseding any prior agreements between you and ChargeDesk (including, but not limited to, any prior versions of the Terms of Service).
Any claim relating to the Service shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions.