Terms of Service

Terms of Service

1. Basic Terms 

Bus Manager reserves the right to vary its Terms from time to time.
If there are changes to charges then they will be effective at least 14 days from posting to this same page. Use of the service after that date constitutes acceptance of the amended Terms of Service.
These Terms are governed by the laws of New South Wales, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State.
In all our agreements the use of product names (including Bus Manager or other product or service names listed on our website at www.busmanager.com) refer to the company Waterfall Way Designs Pty Ltd and it’s wholly owned subsidiaries.
You accept that features and functions may differ between states and that features designed for one state may not be suitable for another. 

2. Definitions 

Services – means services available via the Bus Manager website and other Bus Manager Websites, available only by registered Bus Manager Customer.
Password – means a confidential alphanumeric text, when provided, gives access to Services.
Customer – means any user who has been issued a login to the Bus Manager service.
We, us and/or our – means Waterfall Way Designs Pty Ltd and its subsidiaries.
You and/or your – means Subscriber to the Services.
Bus Manager Logos – means any logo, brand, trademark, image or other material we provide containing the Bus Manager and all other associated trademarks, trading names, URL’s be they registered or otherwise. 

3. Services 

You must provide all equipment necessary to make a connection to the Internet and pay any service fees to providers for access.
After gaining access to the Internet, you must obtain access to and pay for the use of Services. This is accomplished by using the account username and password provided by us or any third party. 

4. Payment 

You agree to pay all Subscription fees Bus Manager charges you for the Services when you Register.
You also agree to pay all Consulting Service Fees for other services if any are specifically requested by you and provided by Bus Manager.
You agree to pay all foreign, Commonwealth, State and Local Government, state taxes applicable to your access, use or receipt of the Service, these will always be disclosed to you clearly in advance.
If Bus Manager are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by Bus Manager in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates.
If a you fail to pay your fees for Services by any Expiry or Due date, Bus Manager reserves the right to suspend or restrict access to Services that belong to the unpaid Subscription.
You accept that when a Subscription is suspended, all users of the affected Services will not be able to use all features of the subscribed Services. Full access will be restored upon receipt of all accumulated unpaid Subscription fees.
You accept that Bus Manager can transfer any Services out of your subscription to another subscription owned by a Director or Trustee of the organisation that the file represents.
You accept that any voucher, coupon, discount or any other offer used by to pay for a Subscription in lieu of payment can only be used once.
Where there isn’t an expiry identified on a voucher, coupon, discount or any other offer it is valid for only 30 days from the date of the offer or notice date. 

5. Subscribing 

You may Subscribe to Bus Manager Services by contacting us and having an account and access details sent to you.
We may suspend or terminate your account and refuse use of Services if you provide any information (including a valid contact email address and phone number) that is false, misleading, inaccurate, not current or incomplete, or if Bus Manager has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or any terms in this agreement are breached.
We may suspend or terminate your account and refuse use of Services if you are deemed to be using language that is deemed to be abusive to staff. Such deeming shall be at the sole discretion of Bus Manager.
You authorise Bus Manager to use extracts from service-related communication on our web site (typically on the testimonials page) and other material in text form and Bus Manager may include your organisation name, market segment information and a link to your website if you have provided one. This use is conditional on Bus Manager excluding any material that may be deemed confidential. Such deeming shall be at the sole discretion of Bus Manager and will explicitly focus on service quality and Subscriber experience in use of our products. 

6. Information Confidentiality

You accept responsibility for maintaining confidentiality of any password and other access information used by you.
You acknowledge that the Internet is an open system and Bus Manager cannot and does not warrant or guarantee that third parties cannot intercept your information. 

7. Communications Between You and Bus Manager

Bus Manager reserves the right to contact you by web page, email, fax, post, Internet chat, phone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service and related products and services such as but not limited to third party add-ons, widgets, components, connectors, plug-ins, applications and software. 

8. Your Non-Transferable License 

We grant you a non-transferable, non-exclusive and terminable right licence to use the Services under these Terms.
You agree that title and ownership of the Services remain with Bus Manager.
You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others.
We agree that in the event of an upgrade, the Licence hereby granted shall automatically transfer to the new version.
You agree that all rights in respect of the original version shall lapse and no further use of same shall be permitted.
You agree that the Licence in this agreement is effective until suspended or terminated by us or by ceasing subscription payments.
You agree that payment for your subscription is due in advance of the next Subscription expiry date.
We reserve the right to charge you for time and materials if you request any Service data be exported by us rather than you doing this yourself.
You agree to use your best endeavours to ensure the safeguard of your password in order to ensure there is no unauthorised access to, copying of, or collection of information from your Subscription and you indemnify Bus Manager for any and all losses you may incur as a result of failing to safeguard your Password. 

9. Terminating Your Service 

You may end the Service simply by not renewing at your next Expiry Date.
Subscribers who terminate will not receive a refund for any unused portion of the Service. 

10. Bus Manager General Practices Regarding Use of the Service 

You accept that we may disable accounts that are inactive for an extended period of time.
You accept that we may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time or for the purposes of conducting reasonable system maintenance and repairs.
You accept that we reserve the right to disable or change features of the service if those features are infrequently used by our users or at our discretion. 

11. Website and other publications (our Content) 

You assume all risks concerning the suitability and accuracy of the information within the web site and publications.
We may have inaccuracies or errors in our Content. We bear no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents.
You accept that we will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and that these product offerings may not be relevant, suitable or available in your state.
You accept that links to other third-party sites can lead you to Content not under our control or responsibility and thus you accept that using such a third-party site is at your own risk.
You accept that the inclusion of any link does not imply that Bus Manager is endorsing or is accepting responsibility for the content, products or services of third-party websites.
You accept that the Content we provide is educational and information only and is not legal, taxation and/or financial advice. 

12. Liability 

You accept that use of the Services is at your risk.
You accept that Bus Manager is not responsible for any adverse consequences arising out of the use of the Services.
You agree to indemnify, defend, and hold harmless Bus Manager from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by Bus Manager as a result of any claim arising from your violation of the Terms, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights.
You accept that these obligations survive termination of the Service.
You accept that we will not accept liability for failures in providing Services which are outside normal usage or reasonably foreseeable including force majeure, natural disasters, acts of God, war, terrorism and civil disobedience. 

13. Disclaimer of Warranties 

You accept that the Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind.
Bus Manager expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access. 

14. Proprietary and Confidential Information 

You acknowledge and agree that the Services may contain proprietary and confidential information that is protected by intellectual property and other laws.
You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service.
You agree not to use or display any Bus Manager trademarks, logos, product and services names or other Bus Manager material of any form (including any derivations) without our written approval or as described elsewhere in these Terms where you are a Bus Manager Partner.
You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the Subscription Services or this licence (subject to the prior written consent of Bus Manager) 

15. Your content and data

We claim no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers).
You accept that by letting your subscription expire, requesting your Subscription be closed or by failing to meet the Terms of Service that we may delete all your Account data permanently at a time or date of our choosing but not within 30 days.
You accept that Bus Manager does not offer in its Services to roll-back, recover or load any data from historical backups or archives. If we do this it is at our discretion and we may charge for this Service.
We do not claim that our data management practises (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) are appropriate for you.
You accept the responsibility of having your own practises to cover risk associated with our data management where you do not feel our practises are appropriate for you.
You accept that our practises for data management may change at our sole discretion at anytime and without notice.
You agree that we may use Communications with you (feedback, praise, criticisms, quotes, correspondence, support conversations and any other interactions with you) in the content of Bus Manager Websites.
You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our testimonials website page and also in related places and materials both online and in other forms including directories that we publish.
You acknowledge you are not entitled to any payment for use of this material. 

16. Support Service 

Each service level has a support component. This includes server space to host your data, bandwidth to view access your service, and allocated time a month for us to answer your phone calls, reply to your emails. This support encompasses product use support and technical support where issues arise for the product such as defects. This allocated time does not accrue and expires at the end of each month. 
We reserve the right not to provide Support Service even if it has been purchased if we deem the Support Service is being used in an unethical, abusive or fraudulent manner.
You accept that support is only available while a Subscription is current and paid in full.
You accept that any instruction we give you is general educational information that may or may not meet your specific requirements.
You accept that the Support Service is for basic usability and functionality queries and not for workflow, operational, accounting or bookkeeping problem solving.
You agree that in reporting any defects to our Support Service, to be specific and provide at least one identifiable example of the defect.
You agree to allow us access to your data to troubleshoot or problem solve a defect.
You agree that Internet, network, hardware, software inquiries relating to third party providers are not resolved by Bus Manager.
You agree that Bus Manager will deem if the inquiry falls within the nature of the Bus Manager Support Service.
You accept that Support Team availability and response times may be affected by call or email volumes, staff absence, server maintenance and upgrades relating to new releases.

17. Downtime 

Bus Manager is hosted in Sydney, NSW by Digital Pacific. www.digitalpacific.com.au
They have a 99.9% Uptime Guarantee. Please view their Terms of Service under Service Guarantee for details - https://www.digitalpacific.com.au/about/service-guarantee/
This does not apply due to any of the following:
(a) Maintenance Time 
(b) Customer's own Internet service provider
(c) Force Majeure event 
(d) Any systemic Internet failures
(e) Enhanced Services
(f) Any failure in the Customer's own hardware, software or Network connection
(g) Customer's bandwidth restrictions
(h) Customer's acts or omissions
(i) Anything outside of the direct control of Bus Manager. 

18. Privacy Policy

Your privacy is very important to us.
Bus Manager’s Privacy Policy relates to your personal information, collected by Bus Manager as part of the registration process and your use of Bus Manager services, and held by Bus Manager as part of our day-to-day dealings with you. 

19. Fair Play Promise 

Our Fair Play Promise is a policy that ensures Bus Manager delivers you consistent value and service as a paying subscriber. We will:
Limit the resources (such as disk space or other resources) you are allowed to use to a reasonable amount for the subscription level you are paying for.
Allow you to add users as long as the number of users added doesn’t exceed a reasonable level of users when compared to the average number of active users we see per File across all our Subscribers. 
Set limits for the common good in order to prevent one user inadvertently using excessive resources that should be shared with other users.
Reserve the right to terminate service to you if you exceed your limits or abuse the service or our staff or communication channels in any way.
Tell you well in advance (normally) if you breach any limits and we will give you the option of reducing your usage back below the limit or upgrading to a more appropriate plan.
Be flexible and try to give you the benefit of the doubt so we will normally not prevent you operating if you breach limits briefly and return to within limits in a reasonable time.
We reserve the right to vary prices or features for all Subscribers, at any time but will always try to give you reasonable notice.
Monitor your use of the system and ensure allocation of resources between user is fair using points which may be adjusted at our discretion in the event you abuse the system. 

20. Relationship of Parties; Scope of Authority 

You shall perform all duties under this Agreement as an independent supplier, and agree not to hold yourself out as an agent of Bus Manager with authority apart from authority expressly granted from Bus Manager.
You shall have no express or implied authority to assume or create any obligation or enter into any Agreement on behalf of Bus Manager.
Nothing in this Agreement shall be deemed to create an employer-employee, partnership, franchise or joint venture relationship between Bus Manager and you. 

21. General Refunds, Returns and Delivery Policy 

We agree to refund your subscription if you change your mind within seven (7) days of purchase.
This policy is in addition to your statutory rights under the Trade Practices Act. For more information, please visit the Australian Department of Fair Trading website.
We accept that if a product is wrongly described, different from a sample shown or doesn’t do what it is supposed to do, you may choose between a replacement or a refund.
You accept that we only have to refund the credit card used to pay for goods or services or the bank account we received payment from.
You accept that refunds may take 10 days to process once approved by us.
You agree to allow us to deduct fees and charges by banks and credit card companies we occur from the refund amount. 

22. Limitation of Liability 

Bus Manager shall not be liable to you or any third party for special, consequential, incidental, indirect, tort or cover damages, including, without limitation, damages resulting from the use or inability to use the services, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not Bus Manager has been advised or is aware of the possibility of such damages.
Bus Manager’s liability for all claims of any kind arising out of or relating to this agreement shall be limited solely to money damages and shall not exceed the amount of referral awards due to you.
Bus Manager will not accept liability for failures in providing its Services which are outside normal usage or which occur due to force majeure, matters outside Bus Manager’ control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
You or Bus Manager may terminate this agreement at any time.
This Agreement will be construed and enforced in accordance with the laws of the State of New South Wales without regard to its conflict of laws principles.
Venue for any dispute under this Agreement will be Sydney, Australia.
Bus Manager shall not be liable for, and is excused from, any failure to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of Bus Manager’ suppliers or subcontractors, acts of nature, governmental actions, fire, flood, natural disaster, or labor disputes.
Bus Manager reserves the right to change the Terms of this Agreement at any time by posting the modified version on the portion of its web site.
You may not assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part, without the express written consent of Bus Manager.
Any notice made by Bus Manager to you shall be deemed properly given and effective: (i) when reduced to writing and sent to the e-mail address we have for you on record, OR (ii) fifteen (15) days after being posted to the portion of Bus Manager’s websites that relates to the Bus Manager Partners.
Any notice made by you to Bus Manager shall be deemed properly given and effective when reduced to writing and delivered to the Service Team e-mail address being info@busmanager.com.au

23. Independent Investigation 

You acknowledge that you have read this agreement and agree to all its terms and conditions.
You understand that we may at any time (directly or indirectly) solicit Subscriber referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of using Bus Manager Services and you are not relying on any representation, guarantee, or statement other than as set forth in these terms and conditions.