Terms of Service

Last updated: 13 September 2023

Introduction

These Website Standard Terms and Conditions (“Terms”) written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You understand that this is an agreement between you and Bookipi Pty Ltd, ABN 91 617 668 185, hereinafter referred to as the ”Company” or Payroller.

Please read these Terms and Conditions carefully. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this Website. By using the Service in any manner (including but not limited to visiting or browsing the website and creating an account) you agree to be bound by these Terms without modification.

NAB Promotion

This offer applies to new Payroller users only who are NAB customers and accessed the promotion from the hyperlink in their NAB account. For eligible users, the promotion will apply automatically and no further action is needed to receive the promotion. Ineligible users will not have a discount applied. Retrospective applications of the promotion are at the complete discretion of Payroller. The offer is 50% off an NAB small business customer’s first standard Yearly plan on Payroller. The total minimum spend on an Yearly plan with the NAB promotion is $53.88. This requires a payment upfront of the Yearly subscription. Any additional employees added within the first year will also have the discount applied to their seat; this discount will be prorated for the remaining period of the promotion. Standard pricing applies at the completion of the first year. No other discounts apply to this promotion. No discount applies to a monthly subscription. An initial 14-day free trial does apply but requires credit card verification. Users must create a Payroller account and activate the subscription on that account within the Promotion Period. The Promotion Period is 1 October 2022 to 31 March 2023.

NAB is not affiliated with Payroller

NAB is not affiliated with Bookipi; and

The NAB logo (if used on the website) is a registered trademark of the National Australia Bank Limited.

Paid Accounts

Payroller reserves the right to modify this arrangement at any time.

You agree to pay all fees when they fall due. All payments are required to be made online by credit card. You authorise Payroller to charge all applicable fees using your provided payment method.

Payroller offers Billing Schedules “Monthly” or “Yearly” for Accounts (your “Billing Schedule”).

Payroller charges on a per-employee and per-user basis (“Seats”).

The Rates charged for Yearly and Monthly are indicated on your Subscription Management page and the Payment summary when you checkout.

Fees are required to be paid in advance.

By default, Accounts are set to auto-renew at the completion of each Billing Schedule. We may automatically charge you for such renewal on or after the renewal date associated with your Account unless you have canceled your Account prior to its renewal date.

Payroller automatically bills you at a prorated price based on the time left in your Billing Schedule for any Seats added to your account since you last paid. When Seats are removed you maintain access to the current number of Seats until you decrease the number of Seats for the next Billing Schedule.

A Minimum Spend is a minimum charge depending on your selected Billing Schedule. Minimum Spends are indicated on your Subscription Management page and the Payment summary when you checkout.

You are able to change your Billing Schedule from Yearly to Monthly or Yearly to Monthly at any time. When you change your plan, your current plan will last until the end of your current Billing Schedule and then the rates of your new Billing Schedule will activate.

You are able to cancel your plan at any time. When you do, your current plan will last until the end of your current Billing Schedule that you selected when choosing your plan. For steps on how to cancel your subscription, please follow this guide.

Payroller may revise the rates for the different Services available on Payroller from time to time and will provide you with email notice of any changes in fees at least fourteen (14) days prior to your Service renewal date.

You are responsible for providing complete and accurate billing information to Payroller. We may suspend or terminate your use of Payroller if fees become past due or we determine there has been an abuse of Payroller policy.

You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.

Refunds are not guaranteed. In the event of a refund, the Merchant Services Fees charged by the payment provider will not be refunded.

All dollar values referred to are in Australian Dollars (AUD). All prices are GST exclusive unless otherwise stated on the site.

LIMITED FREE TRIAL

If you are a new first-time user, Payroller may offer you a Free Trial of a certain duration. At the end of the trial, you must choose a Paid Account plan to continue access to Payroller.com.au.
You must choose from a Billing Schedule that is Monthly or Yearly.

Immediately following your free trial, Payroller may offer a discount at its discretion.

For a Monthly Billing Schedule, after the Discount Period, you will be charged the Monthly fee per employee per month indicated on your Subscription Management page and the Payment summary when you checkout. A Minimum Spend applies for non-discounted months.

For a Billing Schedule that is Yearly, the entire Yearly Fee will be charged up-front. This includes the fees for the Discount period and the remaining months of standard Yearly Fees. A Minimum Spend applies for non-discounted months. You will be charged the fees per employee per month indicated on your Subscription Management page and the Payment summary when you checkout.

Applicable Monthly fees and Yearly fees can be found on your Subscription Management page and the Payment summary when you checkout.

The Free Trial and Discount Period cannot be paused, extended, transferred, and is wholly at the discretion of Payroller.
Offers are not valid in conjunction with any other offers or promotions, nor can they be applied subsequently. Offers, unless otherwise indicated, are for new users only. Payroller reserves all rights to make decisions regarding promotion eligibility.

30 day moneyback guarantee

First time subscribers may claim a refund within 30 days of their initial subscription date. Agents or subscribers via an agent are not eligible.

Description of website services offered

The Service has the following description:

The purpose of Payroller is to provide a fast and efficient payroll system for a variety of businesses. Payroller enables its users to create professional payrolls and payslips using highly advanced functions.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member”.

The user and/or a member acknowledges and agrees that Services provided and made available through our website are the sole property of Payroller. At its discretion, Payroller may offer additional website Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. Payroller does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user and/or member, acknowledge, accept and agree that Payroller shall not be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such Payroller shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings

Modification of Terms

Payroller reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.

Intellectual Property Rights

Other than the content you own, under these Terms, the Website’s owner and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material contained on this Website.

As a condition of your use of the Site, you warrant to Payroller that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Payroller or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Payroller and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Payroller or our licensors except as expressly authorized by these Terms.

Restrictions and obligations

The Website is available only to individuals who are at least thirteen (13) years old. You represent and warrant that if you are an individual, you are (i) at least eighteen (18) years old or (ii) if you are between the ages of thirteen (13) and eighteen (18), you have parental permission to enter into an agreement to accept these Terms of Use and to use the Service.

You are specifically restricted from all of the following

1. publishing any Website material in any other media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is or may be damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regliations, or in any way may cause harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
8. using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with the operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through Payroller Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Payroller reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.

Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.

Limitation of liability

You acknowledge that Payroller, through the use of Payroller, is not providing an agent service and is not responsible for the preparation of any taxation, superannuation or other related documents on behalf of my business/entity. It can, however, submit transmissions (e.g. lodgements and prefill) through the SBR channel that my business/entity chooses to make through Payroller.

Payroller does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let Payroller know by sending an email to hello@payroller.com.au and we will correct it, where we agree, as soon as practicable.

Payroller gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While Payroller makes every effort to ensure that the content of the Website is accurate, Payroller cannot accept liability for the accuracy of all the content at any given point in time.

Payroller makes every effort to ensure that its computer infrastructure is an error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Neither Payroller nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.

In no event shall Payroller or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;

1. loss of actual or anticipated profits (including loss of profits on contracts);
2. loss of revenue;
3. loss of business;
4. loss of opportunity;
5. loss of anticipated savings;
6. loss of goodwill;
7. loss of reputation;
8. loss or damage to or corruption of data;
9. loss of use of money or otherwise,

and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.

The Website provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website. Payroller takes no responsibility for and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. Payroller is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or webmaster.

We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.

If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.

Nothing in this Agreement excludes or limits Payroller’s liability for:

1. death or personal injury caused by Payroller’s negligence; or
2. fraud or fraudulent misrepresentation; or
3. the tort of deceit; or
4. any other liability which may not be limited or excluded by law.

Registration

To register and become a “member” of the Site, you must have the full legal capacity to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statues of Australia or other applicable jurisdiction.

Users who wish to register with Payroller are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to the aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have not been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct.

When you register, Payroller may collect information such as your name, e-mail address, birth date, gender, occupation and personal interests. You can edit your account information at any time.

Member account, username, password and security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify Payroller immediately of any unauthorized access or use of your account or password or any other breach of security. If you ever find out or suspect that someone accesses your account without authorization, you are advised to inform us immediately. Payroller shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.

You log in with your contact email address/username and the password you have chosen. You have the possibility to use your phone, tab and other devices while logging.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Payroller has no obligation to monitor the Communication Services. However, Payroller reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Payroller reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Payroller reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Payroller’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Payroller does not control or endorse the content, messages or information found in any Communication Service and, therefore, Payroller specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons of Payroller, and their views do not necessarily reflect those of Payroller.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

SuperStream Service

Beam is issued by Precision Administration Services Pty Ltd, ABN 47 098 977 667, AFSL No. 246 604 (Precision), which is wholly owned by Sunsuper Pty Ltd, ABN 88 010 720 840, AFSL No. 228 975 as trustee of Sunsuper Superannuation Fund, ABN 98 503 137 921 (Sunsuper).

Bookipi Pty Ltd, ABN 91 617 668 185 (Payroller) has an arrangement with Precision for Beam to be accessible to Payroller’s clients through Payroller’s payroll interface. Payroller does not provide financial product advice and does not recommend any particular clearing house provider.

Termination

As a member of Payroller Website, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to hello@payroller.com.au 3 days prior to termination date.

As a member, you agree that Payroller may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. any breach or violation of our Terms and Conditions or any other incorporated agreement, regulation and/or guideline;
2. by way of request from law enforcement or any other governmental agencies;
3. unexpected technical or security issues and/or problems;
4. any extended periods of inactivity;
5. any engagement by you in any fraudulent or illegal activities
6. the nonpayment of any associated fees that may be owed by you in connection with your Payroller account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. In addition, you agree that Payroller may cease operations with prior written notice (10 days).

The termination of your account with Payroller shall include any and/or all of the following:

1. the removal of any access to all or part of the Services offered within Payroller;
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part of thereof;
3. the barring of any further use of all or part of our Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Payroller as a result of this agreement or use of the Site. Payroller’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Payroller’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Payroller with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Payroller with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Payroller with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Website Rules and Conduct

The Service is provided only for your own personal, non-commercial use. You shall not use the Service for any purpose that is prohibited by these Terms of Use, including:

1. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:

1. infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity;
2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
4. involves commercial activities and/or sales without the Payroller’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Payroller or any third party; or
6. impersonates any person or entity, including any employee or representative of Payroller.

You shall abide by all applicable local, state, national and international laws and regulations.

2. Malicious access to Payroller Service

You shall not:

1. take any action that imposes or may impose (as determined by Payroller in its sole discretion) an unreasonable or disproportionately large load on the Payroller’s (or its third party providers’) infrastructure;
2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
3. bypass any measures Payroller may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
4. run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.

3. Reverse engineering the Service

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Payroller reserves the right to remove any content from the Website or from another feature of the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Payroller is concerned that you may have violated the Terms of Use) or for no reason at all.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.

You may, to the extent the Website expressly authorizes you to do so, download or copy Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.

Deleting your Account affects all data associated with that account and any services you use. You understand that all your notes and information will be deleted.

Please be aware that the Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third-party websites, you do so at your own risk. These other websites are not under the Payroller’s control, and you acknowledge that Payroller is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Payroller or any association with its operators. You further acknowledge and agree that Payroller shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Through your Payroller Account you may be able to access, link to and display Content on or from your Payroller Account and your accounts or profiles with third-party sites. The Service may allow you to specify the Content that will be accessed, linked to and displayed on or through your Payroller Account. You represent, warrant and agree that with respect to Content that you make available on third-party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site.

Indemnification

You agree to indemnify, defend and hold harmless Payroller, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Payroller reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Payroller in asserting any available defences.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Payroller agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PAYROLLER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE PAYROLLER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PAYROLLER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PAYROLLER ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PAYROLLER. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PAYROLLER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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Email Address: hello@payroller.com.au