PLEASE READ THIS LICENCE CAREFULLY. By using the software supplied with this licence (the "Software") you agree to be bound by the terms of this Licence.
This Software Licence Agreement is the parent agreement for SaaS (Software as a Service) provided to the Client.
‘We’, ‘Our’, ‘Us’, ‘Vendor’, ‘Licensor’, ‘Towline, ‘Towline Software’ refer to Towline Software Pty Ltd, ABN: 69 681 758 985
‘You’, ‘Your’, ‘Client’, ‘Customer’, and ‘Applicant’ refer to the Client whose details appear on this agreement.
‘Software’ refers to the computer software called Towline.
Towline Software Pty. Ltd. (ABN 69 681 758 985) (the "Licensor") grants to you a non-exclusive, non-transferable Licence to use the Software in accordance with the terms of this Licence. The Licensor reserves all rights not expressly granted to you and retains ownership of the copyright and all other intellectual property rights in the Software.
(a) The Software may only be installed and used at the location it was subscribed for. You must obtain an additional licence for each additional business location.
(b) Restrictions.
You agree not to;
(1) copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Software;
(2) reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Software;
(3) sell, market, network, transfer, lease, license, rent, lend or otherwise dispose of or distribute the Software;
(c) You must register this Software in order to keep using it. The Software is subscription based, an annual or monthly fee is payable to continue using the software.
(a) During the period of use, providing your account is current and you have paid your annual fee or are up to date with your monthly fee, the licensor will provide support in relation to the Software.
(b) The licensor will not however provide support free of charge for any other third-party software used in conjunction with the Software.
(a) We may suspend the provision of services when you are operating outside of the terms of your Credit Account. Where reasonable and appropriate, we will provide advance notice and endeavour to give you an opportunity to rectify the issue prior to suspension of services.
(b) A failed monthly payment will result in the software reverting to a Read Only state.
(c) In the event that the account has not been rectified within 30 days of entering a Read Only state, the software will automatically enter a suspended state, and no further access will be allowed until the account has been made current again.
(d) Suspended accounts lasting longer than 30 days will be automatically deleted. (60 days from first breach clause b). Recovery of data under this event will not be possible.
(a) Any use by you of services provided by us is at your own risk. Subject to clause 8(a), the Software is provided "as is" and without any representations by the Licensor or any of its authorised distributors regarding the use, performance or results of the use, of the Software. Towline make no warranties of any kind to the maximum extent permitted by law, with respect to the services, including but not limited to warranties of quality, performance, merchantability, fitness for any particular purpose, conformity to any representation or description, or noninfringement
(b) While the Licensor has endeavoured to make sure that the Software works, the Licensor does not guarantee that the Software will work on all computer hardware platforms or configurations and makes no warranty that the Software will be error free or that use will be uninterrupted.
(a) Where conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by the Trade Practices Act 1974 (Commonwealth of Australia) and it is not lawful to exclude them, then those conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence. Other than as set out in this Licence, all implied conditions, warranties and rights are excluded from this Licence.
(b) The Licensor’s and its authorised distributors’ liability for breach of implied conditions or warranties is limited, to the extent permitted by law and at the option of the Licensor, to the fees paid by the Customer for the three months immediately preceding the event giving rise to such liability.
(c) Other than as set out in clauses 8(a), 8(b), the Licensor and its authorised distributors will not be liable to you or any other person for any indirect loss, punitive, special, incidental, or consequential damages, costs or expenses suffered by you or any other person relating to the performance, non-performance or any breach of this Licence or the supply and use of the Software, including but not limited to any loss of profits, lost savings, loss of customers, loss of (or loss of use of) any software, data, web traffic, or emails, business interruption) however caused and regardless of the legal theory of liability, even if Towline has been previously advised of the possibility of such damages, and even if any exclusive remedy provided for herein fails of its essential purpose.
(d) You agree that the Licensor and its authorised distributors will not be liable, other than as expressly set out in this Licence, and that you will indemnify the Licensor and its authorised distributors in respect of any liability, loss, damage, costs or expenses which you may suffer or incur as a result of your use of the Software (including any claims made against you by third parties).
(e) The Licensor and its authorised distributors disclaim all liability for any corruption of data, inability to access data or breach of privacy.
You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in this section form an essential basis of this Software Licence Agreement and have been relied on by both of us, and that absent such disclaimers, exclusions and limitations of liability, the terms & conditions of this Software Licence Agreement and the fees applicable to all Towline services would be substantially different.
(a) The term of this Licence is for the period your subscription is current, provided that this Licence may be terminated by the Licensor if you are in breach of this Licence or as otherwise set out in this Licence.
(b) Clauses 3, 4 and 5 will survive the termination of this Licence. Termination of this Licence will not prejudice any right which the Licensor may have, or but for the termination may have had, against you for a breach of this Licence.
(c) Upon the termination of this Licence, you or your representative must destroy the Software and all related materials and any copies of them which you possess or return or dispose of them in the manner directed by the Licensor.
(a) This licence may be terminated by you by providing written notice to us that you no longer wish to use our software and services.
(b) Any request to terminate will take effect within 30 days of notice being received.
(c) Depending on your payment plan, annual or monthly. Unused annual payments will not be refunded. You will continue to have access to Towline up until the anniversary date. If you are on a pay per month basis, your access will cease at the next monthly anniversary date.
(d) This licence will be terminated by the Licensor if your account is in default by a period of 60 days or more.
(a) All contracts between Towline and the Customer shall be deemed to have been entered into in the State of Victoria and shall be construed according to the Laws of the State of Victoria - Australia.
(b) This Licence contains the entire agreement between the Licensor and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.
(c) The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
(d) You must not assign any rights or benefits under these terms and conditions unless you have obtained our prior written consent. Any assignment by you without our consent shall entitle us to avoid any liability we may have to you under this agreement.
(e) Any written notification provided in relation to this software licence agreement, or other Towline Agreement must be provided to: info@towline.com.au
This notice applies to both our desktop software and online services we provide, and any other applications or services we may offer (example, training or support). Hereafter referred to as “services”
“Personal Data” refers to identifiable information about you. “User Generated Data” refers to information you enter in our products.
This notice may refer to “we” (or “our” or “us”) that is referring to Towline Software Pty. Ltd. ABN 69 681 758 985. We are in Victoria, Australia. We developed the software Towline to help manage your towing and transport business with ease.
When you use our software or use our online services, we collect personal data. The ways we collect this data is summarised below
(a) Information you provide to us: When you use our software, you are entering user generated data. This data is uploaded to our server to facilitate the provision of our software and services to you.
(b) Information we collect automatically: Some information about you is collected automatically when you use our services, like your IP address.
Where we collect personal or user generated data, it will only be used for the following:
(a) To enable us to provide our services to you
(b) In accordance with any legal obligations or directions, or
(c) Where we have your consent.
If we don’t collect your personal or user generated data, we would be unable to provide you with our services.
The number one reason we use your personal data is to enable us to provide our services and software to you. It may also include the following:
(a) To communicate with you, which may include training, operational updates, feedback
(b) To provide Technical Support.
(c) To enhance our products and services, we may monitor how you are using the software to find ways of improving and developing new features.
There may be times when we may be required to share your personal data with third parties. We would only ever disclose your personal data to:
(a) Legal, regulators, law enforcement, courts or other third parties where we may have a legal obligation to comply with applicable laws or regulations. Where appropriate we will notify you of this disclosure.
(b) Third Party service providers who assist in providing our services to you. For example, data centre hosting providers.
(c) Other people you have given consent to.
Your personal and user generated data will be retained for as long as you have a valid subscription to our services. If you choose to cancel our services, any user generated data created will be deleted. Some personal data may be required to be retained to comply with applicable legal, or taxation requirements.
You have certain rights relating to your personal data, these include:
(a) To request what personal data we hold about you, and to make sure it is correct.
(b) Request a copy of your personal data
(c) Cancelling our services and requesting us to stop processing your personal data
8. CONTACT US
If you have any questions regarding this privacy notices, please contact us via email at:
info@towline.com.au
Copyright © 2024 Towline Software Pty. Ltd. All rights reserved.