C-Connect Terms of Use and Subscription Agreement
Last updated on 07 July 2021
Introduction
Welcome to C-Connect®! We’re excited to assist your operations and digital transformation! Before you start using C-Connect, we need you to read and accept these terms. These are your legal rights and obligations. If you can’t agree to our terms, then you cannot use our services. If you still have questions or comments after you’ve read these terms, please go to www.c-connect.app to get in touch. We’re here to help.
As C-Connect is implemented on the Google AppSheet platform, by accepting these terms or by using C-Connect; you are also bound the terms of service of the Google AppSheet platform which can be found here.
Joining and using C-Connect
How to subscribe to C-Connect and use our services. Words in bold, will have the same corresponding meaning every time they’re used within these terms.
1. You and C-Connect: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say C-Connect, we, our or us, we’re talking about C-Connect (Aust) Pty Ltd which is the entity you contract with and pay fees to based on the configuration of the C-Connect platform you’re using.
2. Our services: Our services consist of all the services we provide now or in the future, including our online and mobile products.
3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
4. People invited to use C-Connect: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.
5. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. Invited user permissions are described within the C-Connect application. If any invited user permissions are not clear, you agree to not invite any user for which the permissions are not clear and to contact us to obtain written clarification prior to proceeding. You may contact C-Connect anytime by going to https://www.c-connect.app/contact and selecting a contact option.
6. External Users: An external user is a specific type of invited user, that is not employed by the same entity as the subscriber, or directly affiliated with the subscriber organisation. Regardless of an external user’s employing entity or affiliation(s), external users are the responsibility of the subscriber and external user permissions should be understood by the subscriber before being invited to use the app.
7. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.
8. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it, including any external users. For example:
- You can transfer a subscription
- You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time
- You’re responsible for resolving any disputes with any invited users over access to your subscription
- You’re responsible for all your invited users’ activity
9. Rules: Whatever your role, when you use C-Connect you agree to follow the rules outlined in the Do’s and don’t section of these terms, starting at item 37. Please follow the rules and make sure you understand what you should and shouldn’t do.
10. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. C-Connect uses third-party user authentication (to authenticate you as an authorised user) by standard industry providers such that you may access the app using your email address (e.g. google, Microsoft, apple). These third-party authentication providers require you to accept their terms upon authenticating (logging in). But logging in to C-Connect by this means, you are also agreeing to the terms of your selected authentication provider.
11. When we introduce new or revised services: Since we’re always thinking about how to make C-Connect the best it can be, we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
12. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
13. Changes to the Terms: C-Connect may make changes to the terms, including pricing (and any linked documents) from time to time. Unless otherwise noted by C-Connect, material changes to the terms will become effective 30 days after they are posted, except to the extent the changes apply to new functionality in which case they will be effective immediately. If you do not agree to the revised terms, you may stop using the Services. Your continued use of the Services after such material change will constitute your consent to such changes. C-Connect will post any modification to these terms to https://www.c-connect.app/about/terms.
Pricing
Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan.
14. Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services, explained in more detail in the pricing plans at https://www.c-connect.app/about/pricing. If you choose not to continue using our services following a trial, you may delete your organisation.
15. C-Connect pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). A pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. Pricing plans may vary by region and include information set out in the offer details and pricing page. We may update or amend the pricing plans from time to time. The terms of the selected pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know (find out more about how and when we’ll notify you). Depending on your region, subscription fees may be inclusive or exclusive of transactional taxes where relevant (like VAT and GST), as reflected in the pricing plan.
16. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.
17. Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that C-Connect offers – like Recruitment, HR Consultancy, EAP Services, Custom Application Development Services. These might incur an additional fee that we’ll let you know about when you sign up for those services.
18. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription or suspend any services in progress until the payment is made.
Data use and privacy
C-Connect uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.
19. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
20. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into C-Connect, like your name and email address.
21. Use of personal data you enter about others: The Google Appsheet data processing terms are an express inclusion in these C-Connect Terms, and may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into C-Connect.
22. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
23. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.
Confidential information
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
24. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
Security
25. Security safeguards: As C-Connect is built upon the Google Appsheet platform, we rely on the security features built into the platform by Google. In addition to the security measures provided by Google, C-Connect has taken steps to help protect your data by means made available within the app-definition and coding interface made available by Google Appsheet at the time of app build, and only at the time of build. However, no method of electronic storage or transmission is completely secure and we cannot guarantee absolute security. Furthermore, we do not guarantee or underwrite in anyway or to any level of liability the security features or security reliability of the Google Appsheet platform or connected Google systems.
By using C-Connect and agreeing to these terms and by extension agreeing to the Google Appsheet terms, you agree that we have no data security liability other than such limited liability which we can expressly control in the process of defining the app definition, as Google Appsheet developers, and at the recorded time of defining the app definition within the Google Appsheet platform by making use of the security features made available within the platform at that time. By using C-Connect and/or agreeing to these terms, you acknowledge and agree that data security is for all intents and purposes out of our control, other than in the process of App Definition using the Google Appsheet available methods.
We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorisation and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
26. Account security features: We may introduce security features to make your account more secure, such as multi-factor authentication or other means that may become available through the Google Appsheet platform. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
27. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems, in particular the email address you use to login to C-Connect with. If you realise there’s been any unauthorised use of your email address or password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of C-Connect’s systems or services to store personal data (unless it’s a field explicitly asking for personal data – like a first name or a last name), credit card details, tax identifiers or bank account details.
Apps and third-party products and services
To help provide an even more fantastic C-Connect experience, the C-Connect platform includes apps and other products and services made available by trusted partners.
28. Other services: Some of our services, such as our HR Consultancy, Funnel App (Recruitment) and EAP App, or related services are available through other companies’ services. These companies may have additional terms that apply to you, such as the Cottrell HR Pty Ltd Recruitment Standard Terms, Cottrell HR Pty Ltd Consultancy Standard Terms, or the Nexus Psychology Services Terms of Engagement. Such terms shall be made available to you and shall form part of this agreement if your C-Connect pricing plan includes for provision of those services within the C-Connect platform.
29. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you use them within the C-Connect platform. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products. If an app or service that is made available with the C-Connect platform is provided by a third-party partner, this will be clearly notified on the C-Connect sub-app tile.
30. Use of your data to connect you to third party products: If you choose to connect your subscription to third-party products, we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy notice and these terms.
31. Payments to C-Connect: Just so you know, some third-party providers may pay C-Connect a fee that may be related to: referrals from C-Connect; revenue made by the provider; or data that the providers access about you through our services with your consent. One example would be you engaging recruitment or HR services from a third-party provider using your C-Connect data.
Maintenance, downtime and data loss
Downtime is sometimes necessary to update or improve our services. You also may have occasional access issues and may experience data loss, so backing up your data is important.
32. Availability: We strive to maintain the availability of our services, and provide online support, 12 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
33. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
34. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
35. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
36. Problems and support: If you have a problem, you can contact our support team by going to https://www.c-connect.app/contact and selecting a contact option, or within the C-Connect app.
37. Modifications: We frequently release new apps, app-updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
Do’s and don’ts
This section outlines how you can (and can’t) use our services.
38. Feedback: We love your feedback and may use it without restriction.
39. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
40. Discussions within the C-Connect ‘Connect’ Sub-App: Within C-Connect ‘Connect’, you can participate in discussions about our services. Only share private information if you’re happy for others to know it, and don’t post anything you don’t have the right to share.
41. Limitations: Some of our apps and services may be subject to limits such as a cap on the number of monthly SMS messages, or a cap on the number of subscription users or consultancy service requesters.
42. No-charge or beta stage services: Occasionally we may offer a sub-app or service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
43. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
- Undermine the security or integrity of our computing systems or networks.
- Use our services in any way that might impair functionality or interfere with other people’s use.
- Access any system without permission.
- Introduce or upload anything to our services that includes viruses or other malicious code.
- Share anything that may be offensive, violates any law, or infringes on the rights of others.
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code or app definitions of any part of our services.
- Resell, lease or provide our services in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any leads or data accessed through our services.
- Commit fraud or other illegal acts through our services.
- Act in a manner that is abusive or disrespectful to a C-Connect employee, partner, or other C-Connect customer. We will not tolerate any abuse or bullying of our C-Connect employees in any situation and that includes interaction with our support teams.
Agreement Period, Subscription Periods and Termination
44. Period of Agreement: Your agreement (to these terms) commences on the date that you first use C-Connect or sign a new or updated Subscription Order Schedule within C-Connect (whichever is earlier) for one or more of the C-Connect sub-apps or services. This agreement continues until ALL related sub-app and services subscriptions contained in the Subscription Order Schedule have expired or have been lawfully terminated, or for one (1) month, whichever is longer.
45. Purchased Subscription Periods: The Initial Subscription Period of each sub-app or service shall be as specified in the Subscription Order Schedule, and may be specified separately. Where an order schedule does not show an Initial Subscription Period for one or more selected sub-apps or services, the Initial Subscription Period for such sub-app or service shall be taken as one (1) month.
Except where otherwise specified in an order schedule, each sub-app or services subscription will automatically renew for additional periods equal to the expiring Initial Subscription Period or automatically renewed period for the relevant sub-app or service, or for one (1) year (whichever is shorter), unless you provide us written notice (email acceptable) at least 30 days before the end of the relevant period and at least 30 days before the end of any automatically renewed period. You’ll still need to pay all relevant subscription fees up to and including the day of termination, and continue to pay all relevant subscription fees for other sub-apps or services not requested to be terminated. For the avoidance of doubt, each sub-app and service provided within the C-Connect platform is subject to individual purchased subscription periods.
46. Termination by C-Connect: C-Connect may choose to terminate this agreement or all or any of your sub-app or services subscriptions at any time by providing you with one month’s written notice in advance.
C-Connect may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
- you breach any of these terms and the breach cannot be remedied,
- you fail to pay subscription fees, or
- you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
47. No refunds: No refund is due to you if you terminate your subscription or C-Connect terminates it in accordance with these terms.
48. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. This includes any individual sub-app or service within the C-Connect Platform. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees.
Liability and indemnity
This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.
49. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
50. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion in section 56, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
51. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or HR compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for the relevant sub-app or service subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Disputes
This section outlines how disputes may be resolved.
52. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team here. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Additional Terms
53. No professional advice: Just to be clear, C-Connect isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in running a small business, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way. C-Connect does however, make some professional services available within dedicated Sub-Apps where these services are provided by C-Connect Partners, as third-party providers. We are not liable for services or representations made by these third-party providers, and while we provide access to those services within the platform, doing so in no way represents our endorsement, review or acceptance of liability for services provided. If an app or service that is made available with the C-Connect platform is provided by a third-party partner, this will be clearly notified on the C-Connect sub-app tile, or clearly be notified alongside or with the content provided by the third party if it is provided within a sub-app not explicitly dedicated to providing the third-party service. For example, if a third-party provider provides shareable content within the C-Connect ‘Connect’ area which is a common area for community information sharing.
54. Third Party Services made accessible with C-Connect: Where third-party services are made accessible to you within C-Connect, and you use those services or provided content, you do so in accordance with the relevant third-party’s terms and conditions.
55. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
56. Notices: Any notice you send to C-Connect must be sent to legalnotices@c-connect.app. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
57. Exclusion: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
58. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
59. Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
60. Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk, or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
61. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. C-Connect may assign these terms – or any of our rights or obligations in these terms – to another C-Connect entity as it deems appropriate. C-Connect entities are the companies controlled by or under common control with C-Connect (Aust) Pty Ltd (an Australian registered company, ABN 72 643 930 22)
62. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
63. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
64. C-Connect contracting entities; law and venue: Our contracting entities are listed in the table below along with what law and venue apply in any dispute between you and us:
C-Connect edition | C-Connect entity | Address | Registration | Law | Venue |
Australia | C-Connect (Aust) Pty Ltd | Level 1, 208 Hall Street Spotswood Melbourne VIC 3015 | 72 643 930 22 | Victoria, Australia | Victoria, Australia |
New Zealand | To be added | – | – | – | – |