Terms and Conditions of the Referral Program
“Customer” means a party who has a current subscription for one of Our products.
“Potential New Customer” means a party who has not purchased goods or services from Us previously however has expressed an interest in potentially doing so.
“Referral Fee” means a one-off fee of 10% of the first year Annual Subscription amount for the product purchased by the new Customer.
“Referral Form” means the form completed by You detailing information required to participate in this Referral Program.
“Referral Program” means the program of that name the subject of these terms and conditions.
“We”, “Us”, “Our” means Elizabeth Carl Ventures Pty Ltd.
“You”, “Your” means you the individual, or entity on whose behalf you’re acting.
How it works
1. You register a lead with Us by completing and submitting to Us a completed Referral Form which includes both Your details and those of the Potential New Customer that You’ve identified. You can register for as many Potential New Customers as You like. Others may register the same Potential New Customer before or after you do.
2. You engage with the Potential New Customer to assist their understanding of Our products and the benefits of their use.
3. If within 30 days of Your registration of the Potential New Customer with us, the Potential New Customer purchases one of Our subscriptions (at which point they become a Customer) and solely confirms You as referring and assisting them in doing so, You’ll be eligible for the Referral Fee.
4. The Referral Fee is payable in USD to you:
4a. if the customer purchased an Annual Subscription, three months following their initial payment of such subscription; or
4b. if the customer purchased a Monthly Subscription, 12 months following their initial payment for such subscription provided subscription has been paid throughout that 12 month period.
5. The Referral Fee will be paid to the account you specify in the Referral Form without deduction of any taxes. The responsibility for returning any applicable taxes to Your relevant authority, is Yours.
6. Only one Referral Fee (at most) will be paid per Customer.
7. For the avoidance of doubt, any Referral Fee payable is payable only in respect of the first 12 months of a Customer-paid subscription. There are no referral or other fees payable after that period, including on renewal.
8. These terms are governed by the laws of New South Wales, Australia, and may be changed at any time without notice at the absolute discretion of Elizabeth Carl Ventures Pty Ltd.
leanAP Terms of Service
These Terms of Service (“Terms”) form a legal agreement between Elizabeth Carl Ventures Pty Ltd (“Company”, “we”, “our” or “us”) and the person or entity agreeing to the terms herein (“Customer” or “you”). By using any part of leanAP service (“Service”) You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Service. If You are entering into these Terms on behalf of a company or other entity, You represent that You have the authority to bind such company or entity to these Terms.
leanAP is an application that automates various workflows within a business’s Accounts Payable function. The Service is offered and provided subject to these Terms and solely for business purposes applicable to Your business.
The Service requires a Google account, and at times a Google account that has specific features enabled, being Google Sheets and Google Drive. This account will be used to access the Service and a datasource which will contain the data processed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating, securing and managing the datasource and their content. All fees associated with the foregoing shall be paid by You.
Use of the Service
Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access, such Users then being parties to these Terms as if the Customer themselves.
Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Company hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Company for all claims and losses related to any such acts and/or omissions.
Company reserves the right to terminate or suspend unpaid accounts.
Restrictions on Use
In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
• share links generated by the Add-on with any person other than the intended recipient;
• share passwords to any User account;
• embed any part of our Service on your website;
• share, discuss, or attempt to replicate any part of the Service with any other party;
• copy, modify, adapt, translate or otherwise create derivative works of the Service;
• use any part of the Service or your knowledge of the Service (or any information that you learn as a result of your use of the Service) to create a product with the same or substantially the same functionality as the Service;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
• rent, lease, sell, assign or otherwise transfer rights in or to the Service;
• remove any proprietary notices or labels from the Service;
• use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service, or
• otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws).
This list of prohibitions provides examples and is not complete or exclusive.
Company reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to the Service or to any other user of this Service. Google may suspend your Google account if your use breaches their applicable terms.
Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Company and its officers, directors, employees, contractors, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Changes to the Service
Company may make changes to the Service from time to time. Company will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.
Company reserves the right to suspend or terminate Customer’s access to the Service with or without notice if Company reasonably determines that: (a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Company, Customer, or any User of the Service; (b) Customer’s or its Users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any User of the Service, may harm Company’ systems, or may subject Company or any third party to liability; (c) Customer or any User is using the Service for fraudulent or illegal activities; (d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (e) Customer or any User is using the Service or other Company property in breach of this Agreement; (f) Customer is in default of its payment obligations; or (g) the amount of technical support required to be provided to the User is excessive as determined in the sole discretion of Company.
Customer agrees to pay the applicable subscription fee plus any applicable taxes. Such fees will be paid on a periodic basis as agreed with Company when you register for the Service. Company may introduce or amend a subscription fee from time to time, by providing a minimum of 30 days' notice.
In case of non-payment for any reason (including, if applicable, Company’ inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Company shall be entitled, without liability, to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Company, you hereby expressly agree that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Company at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.
Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Company regarding future functionality or features.
All subscription fees are non refundable.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Company (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Company or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms of Service. Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written, verbal or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.
Ownership & Privacy
As between You and Company, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, "Your Content"). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Company the limited rights to use Your Content set forth in these Terms.
You agree that Company may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by your Users.
Without your consent, Company will not identify You as a customer in its promotional materials, presentations, and proposals to other current and prospective customers.
Confidentiality & Data security
The Service requires certain permissions to Your Google account and associated services. These access rights are required for the Service to function.
All personally identifiable data that Users may keep in files associated with this tool remains in the complete control of those Users from a privacy perspective.
Changes to these Terms
Company reserves the right to update and change the Terms of Service upon notice from time to time. You may terminate your use of the Service if the Terms are modified in a manner that substantially negatively affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL COMPANY’S’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FIRST TAKING PLACE.
All notices to you will be published on our website or will be sent to the email address you used to set up the add-on. Notices sent to Company must be sent to email@example.com and receipt must be acknowledged by return email by us.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of New South Wales, Australia. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of New South Wales, Australia.
We feel it helpful to provide background information as to the operation of the Service to inform and provide context to the Policy in its entirety.
The Service operates as a Google Sheets Add-On. It can only provide it’s stated functionality concurrently with a customer having continued access to the Google Suite of products, most notably Google Sheets and Google Drive, and by having an active subscription to the Service. The Google Sheet effectively operates as an information repository where data is stored. Visibility to the functionality of the Service is provided to certain users having access to such Google Sheet, Google Drive and/or certain users having access to a web application that operates from that Google Sheet. The Google Sheet, including by definition all data stored within it, is stored within your Google instance, not ours. Consequently, information security and privacy of the data within your Google instance falls under your existing arrangement with Google and remains subject to Google’s publicly-stated policies in these regards. Primarily the functionality (as opposed to the data) provided by the Service is provided from outside your Google instance.
As explained further within this Policy, we gather very little personal information outside what you’d expect from the solution described above, and in any case, primarily for the purposes of monitoring and improving service and your use of it, completing our contractual undertakings to you, or as otherwise required by applicable law.
1. Information we collect
The information we collect includes:
(i) the Add-On Customer administrator’s email address, and any other personal information the Customer may be required to disclose.
(ii) billing and related information required to process subscription payments via payment processing partners we use from time to time (names of which can be provided on request), the privacy and security details of which can be then accessed from such parties.
(iii) any other personal information that we may reasonably gather as part of providing the Service and fulfilling our contractual or legal commitments to you, for example support related enquiries and their resolution, technical and product news and updates and items that we feel may reasonably be of interest to you in your use of the Service.
The application stores certain file metadata (eg. your Google Sheets ID) to be able to perform the functionality provided by the Service. Periodically the application may copy such Google Sheet for emergency data recovery purposes.
We may from time to time collect certain information regarding the usage of the Add-on in order to provide a better service, ensure compliance and problem solve from a support viewpoint.
2. Sharing of information collected
Some third parties, necessarily to provide their contracted services to us, have access to personal information for that sole purpose. Examples include payment processors and analytics platforms (such as Google Analytics). We do not control the privacy and security practices of third parties (names of which can be provided on request) that we use from time to time, and whose respective policies are publicly stated should you require.
3. Data Security
We have implemented commercially reasonable precautions to both detect and minimise the chance of loss, misuse, unauthorised access, disclosure, alteration and destruction of information. As the Add-On operates attached to a Google Sheet maintained by you, we strongly recommend that at least two people in your organization have access to this Sheet and that ownership is transferred to a new user if the current user’s account is planned to be deleted or changed resulting in the Service no longer being functional. We do not store a backup of this data. We do maintain record of the URL and fileID of the Google Sheet and require continued access thereto for purposes including providing customer support and ensuring contractual compliance. Notwithstanding the foregoing and noting Google’s stated responsibilities and approach with regard to security, no electronic transmission over the internet nor information storage technology can be guaranteed to be 100% secure; as such we cannot provide any guarantee in this regard beyond our reasonable endeavours to prevent such occurrences where within our control.
4. Data Retention
We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a different retention period is required or specified by law (such as tax, accounting or other legal requirements).
5. Hosting and Data Transfer
The Service is provided on Google’s infrastructure the locations of which are publicly shared by Google. The location of your data is subject to your agreement with Google. The country locations indicated therein may have data protection laws different from those of your country of residence.
6. Compliance with other data privacy legislation
Some jurisdictions provide their residents certain specific rights under data protection laws. Two of the most common are addressed below.
For residents within the European Economic Area, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) applies. Rights and obligations of each party pursuant to GDPR can be found here: https://gdpr.eu/. We can confirm compliance with the applicable requirements of GDPR. If you have any requests pursuant to GDPR, please contact us using the details at the bottom of this Policy.
For residents of the United States State of California, the California Consumer Privacy Protection Act (“CCPA”) applies. Rights and obligations of each party pursuant to CCPA can be found here: https://oag.ca.gov/privacy/ccpa. We can confirm compliance with the applicable requirements of CCPA. If you have any requests pursuant to CCPA, please contact us using the details at the bottom of this Policy.
7. Ceasing the Add-On accessing my data
There are a number of avenues by which you can cease the Add-On having access to your data, including (i) uninstalling the Add-On, or (ii) removing the Add-On’s authorization to your account at any time via Google’s third party app permissions page. By doing so, the Add-On will no longer function.
8. Contact details
Please email any queries or concerns you have in respect of this Policy to firstname.lastname@example.org.
We take our responsibilities regarding privacy seriously and comply with all laws and regulations to the extent they apply in the jurisdictions in which we conduct business.
This Policy explains the reason for the processing, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you may exercise in relation to your data. We are strongly committed to protecting your privacy when you use our services or interact with us.
1. When this Policy applies
This Policy applies to all personal information collected by us in relation to you.
2. What personal information we collect and why we collect it
We collect personal information including your name, email address, telephone number and your organisation's name and location.
We collect information about you because:
3. How we collect information
Broadly, there are two types of information or data we collect:
(a) Information that you specifically give us
In some instances, you must provide personal information if you wish to receive a particular product or service or participate in an activity.
You may choose to provide some personal information which is not required but is directly related to our functions and activities. This type of information will usually enable us to improve or broaden the services we offer you. If you choose not to provide this optional information, we would still be able to offer you the service although it may be with fewer options than if you had provided the optional information.
If you provide us with unsolicited information that we do not require or which is not directly related to our functions or activities, we may be required to destroy or de-identify that information, provided it is lawful and reasonable to do so.
In some instances, you will be asked to confirm that you agree to a particular activity such as expressly agreeing that you would like to receive communications. You can always opt out of receiving emails from us by advising us of your desire to do so.
(b) Automatic collection
We may use a feature of your browser called a cookie to assign your computer a 'User ID'. Cookies do not contain information by which we can identify you – they only identify your computer to our servers.
Cookies are used by our website to enable certain functionality, to remember the preferences of our users and to monitor how the site is being used. They help us to enhance the usability of the website and to personalise our content to better suit your needs.
Generally, these cookies expire at the end of each browsing session. You may, however, restrict or block those cookies through your browser settings. Please refer to your browser's 'Help' function or visit www.aboutcookies.org for detailed information about how to do this on a wide variety of browsers. Please note that if you disable any, or all, cookies you may have a degraded user experience.
4. How long do we keep your information?
We will retain your information for as long as necessary for the uses set out in this Policy. If you ask us to delete your information before that time, we may not be able to do so, due to technical, legal, regulatory and contractual constraints. For example, we would need to retain your name and contact details for suppression purposes if you do not want to receive direct marketing from us.
If you ask for your account to be closed, we will do this as soon as is reasonably possible subject to any applicable terms and conditions relating to the account. Personal information from closed accounts is retained in order to comply with legal obligations, prevent fraud, collect any fees owed or similar.
5. Who has access to your information
We may pass your information to suppliers we use to provide services that involve using data on our behalf, for example for delivery services. We may also use suppliers to collect your information on our behalf but the use of your information will still be subject to this Policy.
6. Information transfers
When you provide us with your information or use our services, we may transfer your information to processors outside your immediate or regional jurisdiction but will do so with appropriate measures and controls in place to protect that information in accordance with applicable data protection legislation.
7. Cookies used on this site
We use Google AnalyticsTM and/or similar products to measure which pages on our site attract the most interest and to inform our content strategy so we can ensure we deliver the best quality content possible.
8. Disclosure of information
We do not share personal information with other companies, organisations and individuals unless one of the following circumstances applies:
9. User Access and Control
You may request a copy of your personal information which we will source and provide in a reasonable timeframe. You can also ask us to correct any inaccuracies in your personal information.
If particular circumstances apply, we are permitted by the legislation of some countries in which we operate to deny your request for access or limit the access we provide. We will let you know why your request is denied or limited.
Updating your information
Please ensure you update your personal information or tell us if it changes or is inaccurate.
You can change your mind about receiving direct marketing from us by contacting us using the details below or by unsubscribe options within the communication.
You can control communications such as bulletins and other information about your chosen services by following the unsubscribe instructions in the communication, or contacting us using the details below. You may still receive other communications that are relevant to your chosen services but do not relate to that specific type of communication. Where this is the case, you will be able to unsubscribe from these communications in the same way.
10. Protecting your information
We are committed to keeping secure the personal information you provide to us. We take all reasonable precautions to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure. Saying that, no electronic transmission over the internet nor information storage technology can be guaranteed to be 100% secure; as such we cannot provide any guarantee in this regard beyond our reasonable endeavours to prevent such occurrences where within our control.
Our web site may contain links to third party web sites. Whilst such links are provided for your convenience, you should be aware that the information handling practices of the linked web sites might not be the same as ours.
11. Changes to our Policy
We may, from time to time, review and update this Policy. All information held by us will be governed by the most recently updated notice.
12. Contact details
Please email any queries or concerns you have in respect of this Policy to email@example.com.