Terms of Use

A1Agreement

By accessing wollipdesign.com.au or any related site we operate (the Website), you agree to these terms. If you do not agree, do not use the Website.

We may change these terms at any time by posting an updated version. Changes take effect when posted, except where Part B requires notice.

A2Using the Website

You may view and use the Website for your own information and for evaluating our products. You must not:

• copy, reproduce, republish or redistribute any part of the Website except as permitted by the Copyright Act 1968 (Cth);
• scrape, crawl, harvest or use automated means to extract content or data from the Website;
• attempt to gain unauthorised access to the Website or any system connected to it, or interfere with its operation; or
• use the Website for any unlawful purpose or in a way that could damage or overburden it.

A3Our intellectual property

All content on the Website (including text, graphics, logos, animation, layout, design, code and the Wollip name and marks) is owned by us or licensed to us. Nothing on the Website grants you any right to use it except as expressly set out in these terms.

A4Information on the Website

The Website is provided for general information. We take care with its content but do not warrant that it is accurate, complete or current. Pricing, features and availability shown on the Website may change without notice and do not constitute an offer.

A5Third-party links

The Website may link to sites we do not control. We are not responsible for their content, and a link is not an endorsement.

A6Privacy

Our handling of personal information is set out in our Privacy Policy at wollipdesign.com.au/privacy, which forms part of these terms.

B1Who you are contracting as

You must be at least 18 years old and have authority to enter these terms. If you are opening an account for a business, you do so on that business's behalf and bind it to these terms, and "you" means that business.

The Platform is provided for business use.

B2Your account

Keep your credentials confidential. You are responsible for everything done through your account. Tell us immediately at enquiries@wollip.au if you suspect unauthorised access.

Where your plan includes multiple seats, you are responsible for the conduct of every user you invite, and you must not share a single seat between people.

B3Subscriptions, fees and renewal

Plans. Wollip Signatures is available on a free tier and on paid tiers. Wollip Outreach is available on paid tiers only. Current pricing is on the Website.

Billing. Paid subscriptions are billed in advance, monthly or annually as you select, through our payment processor Stripe. Fees are in AUD and, unless stated otherwise, exclude GST.

Renewal. Your subscription renews automatically at the end of each billing period at the then-current price, unless you cancel before the period ends. We will email you a reminder at least 14 days before an annual renewal, and at least 7 days before any renewal at an increased price.

Cancelling. You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. You keep access until then. We do not refund part-used periods except where the Australian Consumer Law requires it or where clause B4 applies.

Price changes. We may change our prices. We will give you at least 30 days' written notice before a change applies to you, and the new price takes effect at your next renewal. If you do not accept the change, you may cancel before it takes effect and will not be charged the new price.

Seat changes. If you add seats mid-period, we charge a pro-rated amount for the remainder of that period. If you remove seats, the reduction applies from the next period.

Late payment. If a payment fails, we will attempt to charge again and notify you. If payment remains outstanding after 14 days, we may suspend your account. We will give you notice before we do, and we will not delete your data during suspension for at least the period in our Privacy Policy.

Free tier. We may change or discontinue the free tier at any time on reasonable notice. The free tier is provided on an as-is basis and clause B9 applies to it in full.

B4Changes to the Products

We improve the Products continuously and may add, change or remove features. We will not make a change that materially reduces the core functionality of a paid tier without giving you at least 30 days' notice. If we do, and the change materially disadvantages you, you may cancel and we will refund the unused portion of any prepaid fees.

B5Acceptable use

You must not use the Platform to:

• send messages that breach the Spam Act 2003 (Cth) or equivalent laws in the recipient's jurisdiction, including by contacting people without a lawful basis, omitting sender identification, or failing to honour unsubscribe requests;
• contact any person who has asked not to be contacted;
• send content that is unlawful, misleading or deceptive, defamatory, harassing, obscene, or that infringes anyone's intellectual property;
• impersonate any person or organisation, or misrepresent your affiliation with one;
• upload material you do not have the right to use, including logos, photographs and fonts;
• interfere with, overload, reverse engineer, decompile or attempt to derive the source code of the Platform, or circumvent any usage limit or security measure;
• resell, sublicense or provide the Platform to third parties as a service, unless we have agreed in writing; or
• use the Platform in breach of any law, or in breach of the terms of any third-party platform, network or service that the Platform interacts with at your direction.

Data you put into the Platform. You warrant that you have the right to provide us with all information you upload or direct the Platform to collect, and that you have met your own obligations under privacy and anti-spam law in relation to it. Section 6 of our Privacy Policy sets this out in more detail and applies as if repeated here.

If we reasonably believe you have breached this clause B5, we may suspend your account immediately and without notice. We will tell you why as soon as we reasonably can, and give you an opportunity to fix it where the breach can be fixed.

B6Intellectual property

Ours. We own the Platform: the software, infrastructure, templates, animation systems, designs and all improvements to them. Your subscription grants you a non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these terms for the duration of your subscription. Nothing transfers ownership.

Yours. You keep ownership of everything you upload: your logos, images, brand assets, copy and contact data (Your Content). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, transmit and display Your Content solely to operate the Platform and provide the Products to you. That licence ends when we delete Your Content in accordance with our Privacy Policy.

Output. Signature assets generated for you from Your Content are yours to use for your business purposes for as long as you hold a subscription, and after cancellation you may continue to use signature assets already generated and installed. The underlying templates, animation systems and rendering technology remain ours and are not licensed to you separately.

Feedback. If you give us suggestions about the Products, we may use them without obligation to you.

B7Availability

We aim to keep the Platform available but do not guarantee uninterrupted or error-free operation. We may take the Platform down for maintenance, and will give notice of planned maintenance where practicable.

No service level commitment applies to any tier described in these terms. If you require a contracted availability level, contact us about an enterprise agreement.

B8Suspension and termination

By you. Cancel at any time under clause B3.

By us. We may suspend or terminate your account if you breach these terms, if payment is not made, if we reasonably believe your use exposes us or others to legal risk or security risk, or if we are required to by law. Except where the breach is serious or urgent, we will give you notice and a reasonable opportunity to fix the problem first.

We may also discontinue a Product on at least 60 days' notice, refunding the unused portion of prepaid fees.

On termination, your licence ends, access stops, and we handle your data in accordance with the retention periods in our Privacy Policy. Export anything you need before your account closes.

B9Warranties, liability and the Australian Consumer Law

Subject to that:

• The Platform is provided on an "as is" and "as available" basis, and we exclude all warranties not expressly given in these terms.
• We do not warrant that the Platform will meet your requirements, that campaigns run through it will produce any particular result, or that signature assets will display identically in every email client. Email clients render content differently and some strip or block images entirely.
• Where we are liable to you and the liability can lawfully be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.
• To the extent permitted by law, our total aggregate liability to you for all claims arising in connection with these terms in any 12-month period is limited to the fees you paid us in that period. If you are on the free tier, that amount is A$100.
• To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss or corruption of data, however arising.

Your indemnity. You indemnify us against loss we suffer arising from your breach of clause B5, from Your Content infringing a third party's rights, or from a claim by an individual whose information you placed in the Platform without a lawful basis. This indemnity is reduced to the extent our own act or omission caused the loss.

B10Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of these terms. This does not apply to information that is public through no breach, was already known, or must be disclosed by law.

B11General

Assignment. You may not assign these terms without our written consent. We may assign them to a related body corporate or to a buyer of our business.

Notices. We may give notice by email to your account address or through the Platform. You give notice to us at legal@sunnybalcony.com.au.

Force majeure. Neither party is liable for failure to perform caused by an event beyond its reasonable control, other than an obligation to pay money.

Disputes. Before starting proceedings, the parties will use reasonable efforts to resolve any dispute by negotiation, and each will nominate a representative with authority to settle. This does not prevent either party seeking urgent interlocutory relief.

Severance. If a provision is unenforceable, it is read down or severed and the rest continues.

Entire agreement. These terms and the Privacy Policy are the entire agreement between us in relation to the Platform.

Governing law. These terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

B12Changes to Part B

We may amend Part B. If an amendment materially affects your rights, we will give you at least 30 days' notice by email or in-product before it takes effect. If you do not accept it, you may cancel before it takes effect and we will refund the unused portion of any prepaid fees. Continuing to use the Platform after that date means you accept the amended terms.

B13Contact