Preamble
These terms and conditions are entered into by and between you and SafeForm Technologies (BeneFit). The following terms and conditions, including the privacy policy (“Terms and Conditions”), govern your access and use of https://www.bene-fit.io/ (“Website”) and https://app.bene-fit.io/ (“Platform”), including any content, functionality, product, or services offered provided by BeneFit.
Please read these Terms and Conditions carefully before you use the Website or a BeneFit product or service. By using the Website or a BeneFit product or service, you accept and agree to be bound and abide by these Terms and Conditions.
Varying the Terms and Conditions
BeneFit reserve the right to vary and update these Terms and Conditions from time to time at our sole discretion. If we make any amendments, we will revise the date at the top of these Terms and Conditions. All changes are effective immediately when posted, and apply to all access and use of a BeneFit product or the Website thereafter. Your continued use of a BeneFit product or the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are obligated to check this page whenever you access the Website so you are aware of any changes, as they are binding on you.
Privacy Statement
As part of these Terms and Conditions, BeneFit maintains a Privacy Policy with respect to the information it gathers.
BeneFit encourage you to review our privacy policy
https://bene-fit.io/privacy-policy to familiarise yourself with the ways in which we collect and use your personal information.
Accessing the Website and Account Security
BeneFit reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice.
To access some of the resources offered by BeneFit, you may be asked to provide certain information. It is a condition of your use of a BeneFit product or the Website that all the information you provide is correct, current and complete. You agree that all information you provide is governed by these Terms and Conditions, and you consent to BeneFit's use of your information in accordance with these Terms and Conditions.
BeneFit licenses a BeneFit product or service purchased by you on a non-exclusive, worldwide basis for the number of locations purchased only. The BeneFit product or service may only be used at the locations paid for and may not be used at any other location. If these Standard Terms and Conditions terminate, this license automatically terminates.
Payment for BeneFit Products
BeneFit provides a software platform service for fee. That fee is paid for in a subscription model. If you purchase a subscription from BeneFit you must pay the subscription fee advised to you from time to time before BeneFit provides you the product and on the same day of the month each month thereafter until you terminate your subscription on 1 month’s notice. On termination of any subscription, any invoices outstanding become immediately due and payable.
Intellectual Property Rights
BeneFit's product and the Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, video and audio, and the design, selection and arrangement) are owned by BeneFit, its licensors or other providers of such material are protected by Australian and international copyright (regardless of whether a copyright notice appears in respect of that material), trademark, patent, trade secret and other intellectual property law.
You are permitted to use a BeneFit product or access and use this Website solely for your personal or for legitimate business purposes related to your role as a potential or current contractor, customer or supplier of BeneFit (an “authorised use”).
Without our prior written permission (and subject to the conditions prescribed under the Copyright Act 1968 (Cth)), you must not adapt, reproduce, store, distribute, download, transmit, display, perform or publish any of the material on this Website (including posting to any other website). You may print or download material from the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
Any use of a BeneFit product or the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate.
Trade Marks
All trade names, trademarks, names (including product names), images, and logos (Marked Items) displayed on this Website are trademarks of BeneFit or its affiliates or licensors.
You must not use such Marked Items without the prior written permission of BeneFit.
You acknowledge that the Marked Items are valuable to BeneFit and the improper use of the Marked Items may cause loss to BeneFit for which the user may be liable.
User Contributions/Posting Reviews
A BeneFit product or the Website may contain interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or third parties information, content or materials (collectively “user contributions”). Your user contributions are posted and transmitted at your own risk.
You represent and warrant that all of your user contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for user contributions you submit or contribute, and you, not BeneFit, have full responsibility for such content, including its legality, reliability, accuracy or appropriateness.
Any use of user contributions is at your own risk and BeneFit take no responsibility for any damage or loss suffered by you whatsoever for your utilisation of user contributions howsoever that damage or loss arose.
Should you create user contributions, in exchange for your use of any BeneFit product or the Website you assign all right and title of the user contributions to BeneFit including any intellectual property rights.
Content Standards
The content standards set out in this section apply to any and all user contributions and use of interactive services. User contributions must in their entirety comply with all applicable laws and regulations. Without limitation, user contributions must not –
- Contain inappropriate or offensive language or behaviour. Inappropriate or offensive language or behavior includes any language or content that is sexually oriented, sexually suggestive, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contains racial or ethnic taunts or discrimination, or is otherwise morally reprehensible.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person.
- Misrepresent your identity or affiliation with any person or organisation.
- Involve commercial activities or sales save an authorised use.
- Give the impression that they emanate from BeneFit or are endorsed by BeneFit or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
BeneFit have the right to:
- Remove or refuse to post any user contributions for any or no reason in our sole discretion.
- Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the users of a BeneFit product or the Website or the public or creates potential liability for BeneFit.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website.
- Terminate or suspend your access to all or part of a BeneFit product or the Website for any or no reason, including without limitation, any violation of these Terms and Conditions or failure to make payment for any product or service provided by BeneFit should the payment be overdue by 60 days.
Upon termination or cancellation of services, BeneFit is entitled to immediately delete, remove, or deactivate any account details, or any other information related to the product or service and are not liable for any loss or damage suffered as a consequence of the loss of any data.
User Contributions/Posting Reviews
BeneFit products and the Website are provided on an “as is” and “as available” basis. BeneFit makes no representations or warranties of any kind, express or implied, as to the operation or the information, content or materials included in a BeneFit product or the Website.
The information published by BeneFit may include inaccuracies or errors. To the maximum extent permitted by law, BeneFit does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information published by BeneFit. BeneFit makes no representations of any kind about the suitability of the information published by BeneFit (content) or any portion thereof for any purpose, and the inclusion or offering of information does not constitute any endorsement or recommendation of such information by BeneFit.
To the maximum extent permitted under applicable law, BeneFit hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.
BeneFit will not be liable for any damages of any kind arising from the use of or the inability of use of a BeneFit product or the Website.
You acknowledge that exercising is dangerous and you are responsible for your own health and safety.
You expressly agree that you use all BeneFit products and this Website solely at your own risk and in no event shall BeneFit (its officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of a BeneFit product or this Website or with the delay or inability to access, display or use this a BeneFit Product or this Website (including, but not limited to, your reliance upon opinions appearing on a BeneFit product or this Website; any computer viruses, information, software, linked sites, or otherwise) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if BeneFit has been advised of the possibility of such damages.
These Terms and Conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions endure to the benefit of BeneFit.
Indemnification
You agree to defend and indemnify BeneFit and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms and Conditions or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of a BeneFit product or this Website.
Applicable law
These Terms are governed by the laws of New South Wales, Australia. By agreeing to be bound by these Terms, you submit to the jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings.
Returns Policy
BeneFit is a subscription service and do not offer returns.
Contact us
If you require further information regarding these Terms, we invite you to contact a member of our BeneFit staff at services@safeform.fit
