Terms of Service

Updated as of November 22, 2024

Welcome to the Workvue Site. These Terms of Use (“Terms”) explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Workvue provides You with access to the Service.

The Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Service.

Workvue may change these Terms at any time. Changes will come into effect at least 30 days after posting the modified Terms on the Website. Workvue will make every effort to communicate these changes to You via email or notification on the Website. If You reasonably consider a material change to these Terms will have a material effect on You, You may advise us in writing before the new Terms come into effect. In this case, You may either remain on the existing Terms or terminate the Agreement without incurring termination charges.

It is Your obligation to ensure that You have read, understood, and agreed to the most recent Terms available on the Website.

By registering to use the Service, You acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person or entity for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom You use the Service.

1. DEFINITIONS

Unless the context requires otherwise, capitalized words have these meanings:

  • Account Owner: The person who owns the legal entity of the company that uses the Service and, where the context permits, includes nominated Invited Users.
  • Agreement: The agreement between You and us as set out in these Terms.
  • Confidential Information: All information exchanged between the parties, whether written, electronic, or oral, including through use of the Service.
  • Data: Any data inputted by You or with Your authority into the Website.
  • Workvue, “we”, “us”, or “our”: Workvue as described in clause 11, including all current and future related companies.
  • Workvue Account: A current Subscription Plan to the Service.
  • Intellectual Property Rights: Patents, trademarks, copyrights, moral rights, and other intellectual property rights worldwide.
  • Invited User: Any person or entity other than the Account Owner authorized to use the Service.
  • Service: The cloud-based field service management system accessed using Your login credentials.
  • Subscription Plan: The product selection determining the extent of Service provided and the applicable charges.
  • Subscription Charges: Monthly fees (excluding taxes) payable by You for the Services.
  • Subscription Term: The duration of Your Subscription Plan.
  • Website: The Internet site at the domain www.getWorkvue.com or any other site operated by Workvue.
  • You and Your: The Account Owner, and where the context permits, an Invited User.


2. USE OF SOFTWARE

Workvue grants You a non-exclusive, non-transferable right to access and use the Service via the Website in accordance with Your Subscription Plan and these Terms.

Account Owner Responsibilities:

  1. You control Invited Users' access levels and remain responsible for their compliance with these Terms
  1. If disputes arise between You and an Invited User, You will determine access rights.

Prohibited Activities: You must not:

  • Attempt to undermine the security of Workvue’s systems or networks.
  • Misuse the Service in a way that impairs functionality or others’ use.
  • Transmit files that may harm others’ devices or violate any laws.


3. YOUR OBLIGATIONS

  1. Payment of Subscription Charges:some text
    • All charges are due upon commencement of Your Subscription Plan.
    • Free trials commence upon registration and transition to paid plans after 30 days unless canceled.
    • No refunds are provided for downgrades or terminations during the Subscription Term unless required by law.
  2. Refund Policy:some text
    • Refunds are only granted where required by the Consumer Guarantees Act (CGA) or Australian Consumer Law (ACL).
  3. Security:some text
    • You must keep login credentials secure and notify Workvue of unauthorized use.
  4. Legal Compliance:some text
    • You must ensure that Your use complies with applicable laws, including data protection and retention requirements.
  5. Dispute of Changes to Terms:some text
    • If You disagree with changes to these Terms, You may terminate without penalty before the changes come into effect by notifying Workvue in writing.


4. CONFIDENTIALITY AND PRIVACY

  1. Confidentiality:some text
    • Both parties must protect Confidential Information and only disclose it where required by law or agreed in writing.
  2. Privacy:some text
    • Workvue’s Privacy Policy governs the collection, use, and storage of personal information. By accepting these Terms, You agree to the Privacy Policy.
    • Cross-border data transfers comply with applicable laws.
    • Workvue will notify You in compliance with applicable data breach laws if a data breach affecting Your personal information occurs.


5. INTELLECTUAL PROPERTY

  1. Ownership:some text
    • Workvue retains ownership of all Intellectual Property Rights related to the Service and Website.
    • You retain ownership of Your Data but grant Workvue a license to use it for providing the Service.
  2. Backup:some text
    • While Workvue implements best practices for data protection, You are responsible for maintaining backups.
  3. Third-Party Access:some text
    • Workvue is not responsible for data accessed or modified by third-party applications.
  4. Post-Termination Data Deletion:some text
    • Upon termination, Your Data may be permanently deleted within 30 days unless otherwise required by law.


6. WARRANTIES AND LIABILITY

  1. Consumer Guarantees:some text
    • These Terms do not exclude or limit rights under the CGA or ACL unless permitted by law.
  2. No Warranty:some text
    • The Service is provided "as is," and Workvue disclaims all implied warranties to the extent permitted by law.
  3. Liability Cap:some text
    • Workvue’s liability is limited to the Subscription Charges paid in the 12 months preceding the first incident giving rise to the claim.
  4. Excluded Liabilities:some text
    • Workvue excludes liability for indirect, consequential, or special damages to the extent permitted by law.


7. TERMINATION

  1. Termination by Notice:some text
    • You may terminate these Terms by providing at least 30 days’ notice before the end of the Subscription Term.
  2. Breach:some text
    • Workvue may terminate these Terms if You breach them and fail to remedy the breach within 7 days of notice.
  3. Data Deletion:some text
    • Upon termination, Your Data may be permanently deleted after 30 days.
  4. Dispute Resolution Prior to Termination:some text
    • Both parties will engage in good-faith negotiations or mediation before escalating disputes to termination or litigation.


8. GOVERNING LAW

These Terms are governed by the laws of New Zealand and, where applicable, Australia. Both parties submit to the non-exclusive jurisdiction of the courts in these countries.


9. DISPUTE RESOLUTION

Disputes must first be resolved through good-faith negotiations. If unresolved, disputes will proceed to mediation before litigation. Each party bears its own costs for mediation.


10. NOTICES

Notices will be deemed delivered when sent via email to the addresses provided during registration.

For any queries, contact Workvue at support@getworkvue.com.