Terms & Conditions for SpaOne WebConnect
“You” and “your” means the client on the Application Form.
“We”,“us” and “our” means SpaOne Pty Ltd ABN43123015 878.
“SpaOne License Fee” means the amount paid by you in advance
for the SpaOne License for the period of time specified on the
Application Form or such other period of time as we may require
from time to time.
“SpaOne” means the online services accessed via our website by
you and any add on components, amendments and upgrades.
“SpaOne License” means the non-exclusive license granted by us
to you to access and use SpaOne and the Support that we provide
to users of SpaOne.
“Support” means telephone support for the use of SpaOne only
during our hours of operation as notified by us from time to time and
access to the support tools on our website (if any). Support does
not include entering your data, or issues with your software or
hardware, it is limited to SpaOne software issues.
“Application Form” means the Application form on the rear of these
terms and conditions (if hardcopy) and otherwise the Application
form completed by you for a SpaOne License.
We grant you the SpaOne License in exchange for the SpaOne
License Fee. The term of the license is the earlier of: the period of
time that you have paid the SpaOne License Fee for and the
revocation of the license by us. We may revoke the SpaOne
License without providing any reason upon giving you 14 days
notice. If we revoke your license the unused portion of the License
Fee will be refunded to you.
The SpaOne License will be suspended immediately upon expiry of
the period of time that you have paid the SpaOne License Fee for.
Upon the suspension of the SpaOne License your data will be
stored for a period of one month only and during this period,
provided we have not revoked the SpaOne License and you have
paid the SpaOne License Fee from the date of suspension to the
period of time in advance specified in the Application Form then the
SpaOne License shall be restored, subject always to you complying
with the terms of this agreement and our continuing right to revoke
and suspend it.
3. Invoicing and Payment
Our invoices are sent by email to your email address as disclosed
on the Application Form or such other email address as you specify
and are payable within the period specified on the invoice. The
SpaOne License Fees are payable by recurring credit card debits or
as required by us from time to time and may include direct debit.
Your credit card details will be provided to a third party who will
debit your card and remit the payment to us. You authorise us to
provide your credit card details to such third party/s. You are
responsible for all fees incurred making the payments and all fees
incurred by us or such third party/s if your payment defaults or is
otherwise not successful. You agree to pay the SpaOne License
Fee for the term set out on the Application Form.
4. Electronic Contracting
You agree that you will be bound by all agreements and/or
transactions agreed to by you electronically. Your agreement and
intent to be bound by electronic submissions applies, without
limitation to all amendments to the terms of the SpaOne License,
terms of payment, period of payments, receipt of notices issued by
us and all other dealings between you and us.
5. User name & password
We will issue you an identification number a password and a
username. You agree not to disclose these to anyone and accept
sole responsibility for any use of the SpaOne License accessed
using your username and password.
You are solely responsible to ensure that your hardware and
software are adequate to use SpaOne. We do not accept any
responsibility for defects, data corruptions, software failures or
performance degradation caused by viruses or other software or
components on your hardware that may interfere with the services
provided by us.
We only provide Support to you for the period of the SpaOne License.
Support ends immediately upon suspension or revocation of the
SpaOne License. The type of Support and the hours it is
provided are as advised on our website and may change from time to
time. We may not provide both online and telephone Support.
8. No Legal Accounting or Book Keeping Advice Given
You particularly acknowledge that we do not provide, legal,
accounting or bookkeeping advice and you should seek such advice
from your professional advisers. Any accounting or legal information
that may be provided may not be up to date and is provided as a
management tool only and on the basis that you will rely on your own
knowledge and enquiries to your own accountant or lawyer or other
professional as the case may be.
9. Fitness for Purpose
We do not guarantee or warrant the fitness of the system for any
purpose other than the particular purpose for which it is supplied.
10. Confidentiality and Privacy of Your Information
It may from time to time be necessary for us to receive or view your
information for the purpose of providing data conversion or Support
under this Agreement. We undertake to exercise the utmost good
faith in maintaining all such information as confidential and will also
comply with the requirements of the Privacy Act 1998 (C’Wlth) to the
extent that the Act applies to any such information and will only use
that information for the purpose of this agreement. You authorise us
to provide your information including credit card details to third party/s
as required to effect payment of your SpaOne License Fee/s
11. Force Majeure and Delay Beyond SpaOne’s Control
We will not be responsible for delays or failure to perform resulting
from acts beyond its control including but not limited to Acts of God,
strikes, walk-outs, riots, acts of war, epidemics, earthquakes, other
disasters and failure of suppliers to perform including without
limitation telecommunication breakdowns, failure of firewall and virus
protection software and hardware, failure of back up systems or
interruptions and power failures.
12. Terms and Conditions
These terms and conditions are subject to change. The current
version is published on our website.
13. Entire Agreement
This Agreement constitutes the entire agreement and understanding
between us and you and supercedes all other negotiations,
agreements or understandings whether written or oral relating to the
SpaOne License. This agreement is governed by the laws of
Queensland, Australia and the parties submit to the jurisdiction of the
Brisbane Courts and all courts of appeal from these courts.
14. Exclusion of liability
All implied terms are hereby excluded to the full extent permitted by
To the fullest extent permitted by law and in circumstances where we
have not effectively excluded liability to you under or in connection
with this agreement, the maximum limit of our liability to you, whether
in contract, tort, negligence, breach of statutory duty or otherwise
shall not exceed the sum being three months worth of the SpaOne
License Fee paid by you.
To the fullest extent permitted by law, neither party shall be liable to
the other party in contract, tort, negligence, breach of statutory duty
or otherwise for any loss, damage, cost or expenses of any nature
whatsoever, incurred or suffered by the other party of an indirect or
consequential nature, including without limitation, any economic loss
or other loss of turnover, profits, liquidated damages, business or
Headings are for convenience only and do not effect the
interpretation of this agreement. The parties acknowledge and agree
that this agreement should not be construed strictly against either
party. Notices may be served by email to the last provided email
address of that party or by post to the address recorded on the
Application Form for the parties or the last address notified in writing
to the other. Where any clause or part of a clause is void, illegal or
unenforceable, it may be severed in whole or in part without affectingthe enforceability of the other provision of this Agreement.
SpaOne Pty Ltd
Phone: 1800 980 441
P.O. Box 329