Gyppy App Terms and Conditions
In this Agreement “Application” refers to mobile responsive computer software and a native application entitled “Gyppy App, developed by Gyppy Life Pty Ltd”. Unless the context requires otherwise, a reference to the “Application” includes all modifications, enhancements or updates thereto, and includes all associated printed, PDF, CSV, online or electronic documentation.
2. Purpose of the Application
The Application has several functions but its primary functions are; to provide a platform where the user can enter quantities, collect quantities and information relating to a job or task. Convert information and data collected from a job into industry specific templates and forms from a user’s smart phone or tablet (“Purpose”).
3. Acceptance of Terms Mandatory
- 3.1 Permission to use the Application is conditional upon the user (“you/your organisation”) agreeing to the terms and conditions set out below. If you do not wish to accept these terms and conditions, you must not click “I Accept” and you must not use the Application. Notwithstanding the foregoing, any use by you will be considered to be in accordance with the terms and conditions of this Agreement.
- 3.2 By clicking on the “I Accept” button, you confirm your agreement with Gyppy Life Pty Ltd (“us” or “we”) to the terms of this Agreement.
- 4.1 We grant to you, and you accept, a non-exclusive, non-transferable limited licence to use the Application strictly in accordance with this Agreement, approved by us under these terms and conditions or at our website at www.gyppylife.com. The term of the licence shall be unlimited (but subject to termination in accordance with the terms of this Agreement) (“Term”).
- 4.2 You agree that you may not use the Application in any way that is or for purposes that are prohibited under this Agreement or any law in force in your State or Country. You also agree not to engage in any activity that interferes with or disrupts the servers and networks relating to the Application. You must not work around any technical limitations in the Application or attempt to run the Application on an unsupported platform. You must not use the Application on commercial software hosting services.
- 4.3 The licence provided under this Agreement is personal to you/your organisation and you must not re-sell, sub-license, rent, lease or otherwise distribute the Application. All other rights in respect of the Application are reserved to us.
- 4.4 The native Application is free of charge and downloadable on the app stores. We reserve the right to withdraw or amend the Application, cease support or charge for the Application or service provided to you at any time.
- 4.5 You acknowledge that the terms of agreement with your ISP or (“Mobile Provider”) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
- 4.6 If you are not the bill payer for the smart phone account, device or other hardware being used to access the Application, you will be assumed to have received permission from the bill payer for using the application, device or hardware.
5. Registration and Installation
- 5.1 You must ensure that registration details remain during the term of this Agreement true and correct. Upon installation of the Application, you shall be responsible for ensuring that the Application is used in accordance with this Agreement and any instructions we provide in relation to the Application. We are not liable to install the Application or to provide any services or support in respect of the installation of the Application, except as expressly stated in this Agreement or as otherwise agreed between us in writing.
6. Account Security
7. Intellectual Property
- 7.1 The Application is the subject of existing copyright, trademarks and patents pending. All intellectual property (IP) rights (including but not limited to copyright, trademarks and rights in respect of patents and patentable subject matter, novelty and inventiveness) in and to the Application (including but not limited to all software coding, graphic designs, characters, text, music, and other materials) are owned by us. You may not use any of our trade marks without our prior written consent or an official sponsorship agreement between you and us.
- 7.2 You must not during or at any time after the expiry of termination of this Agreement do or permit anyone else to do any act which infringes our copyright or any patent rights and must not copy, reproduce, translate, adapt, vary, modify, reverse engineer, decompile, disassemble or create derivative works of the Application or any of its components without our express written consent.
- 7.3 You must supervise and control the use of the Application in accordance with the terms of this Agreement and must ensure that anyone else who has access to the Application is made aware of the terms and conditions of this Agreement.
8. Restrictions of Use
- You agree to be fully responsible for your own conduct and content while using the Application and for any consequences thereof. You agree to use the Application only for purposes that are legal, proper and in accordance with these terms and conditions and any applicable policies, guidelines or laws.
9. Location Services
- 9.1 If you are using any of the location-based services or functionality (“Location Services”) then the following will apply.
- 9.2 The Location Services are offered by collecting, storing, transmitting or processing your location data and/or your device.
- 9.4 You agree that such Location Services may be inaccurate, incomplete or time-delayed and shall not be used for emergency or life saving purposes. We do not warrant, and you agree that the Location Services may contain inaccuracies, be incomplete and suffer from delays.
- 9.5 In particular, we do not represent or warrant that your use of the Location Services will meet your requirements or any information obtained by you as a result of your use of the Location Services will be accurate or reliable.
- 9.6 Without limiting the foregoing, you acknowledge that some Location Services may not be available for use at all times and in certain locations.
10. No Endorsement
- 10.2 We reserve the right to use, for our marketing purposes, any graphical material such as pictures, posts, video taken of your organisation while using the Application.
11. Support and Internet Based Services
- 11.1 We may perform services in the nature of support as we deem appropriate at our discretion.
- 11.2 We do not warrant to you that we will be capable of receiving, processing or otherwise acting upon a request for support services.
- 11.3 We may provide internet based services to support the Application. The provision of these services may be changed or cancelled by us at any time.
12. System Requirements and Compatible Devices
- 12.1 In order to use the Application you are required to have compatible hardware or smart phone/handheld device such as:
– iPhone 5, 5S, 6, 6plus, 6S, 6Splus, 7, 7Plus, 8, 8Plus, X
You are required to have the necessary minimum specifications (“Software Requirements”).
- 12.2 The Software Requirements are: Apple iOS 8, 8.1, 8.2, 8.3, 9, Language: English. We may update the Application with additional languages and devices from time to time.
13. Updates and New Releases
Unless we advise you otherwise, this Agreement shall cover any updates and new releases of the Application that may be created by us during the term of this Agreement. If you do not accept any update of the Application, we may decline to continue to provide any support services to you and we may terminate this Agreement. Where you accept an update or new release, this Agreement applies in all respects to that update or new release to the extent that it is incorporated in or replaces the Application.
- 14.1 The Application may display non distractive advertisements, partners or affiliates and may otherwise be supported by advertising revenue. In consideration for us granting you access to and use of the Application, you agree that we may place such advertising on the Application and share information and data provided by you and your device with advertisers for the purposes of tailoring advertisements to you.
- 14.2 We may change the manner, mode and extent of advertising on the Application without providing notice to you.
15. Third Party Content, Links to Third Party Sites and Sales by Other Businesses
- 15.1 The Application may include links to other websites and affiliates. We may have no control over such websites, content or resources which are provided by third parties (“Third Party Content”).
- 15.2 You acknowledge and agree that we are not responsible for the availability of any Third Party Content, and do not endorse any advertising, products, services or other materials on or available via Third Party Content.
- 15.3 You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you as a result of the availability of any Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.
- 15.4 As a result of, or through using the Application, you may use a service, purchase goods, or download a piece of software, which is provided by a third party. Your use of such other services, goods or software may be subject to separate terms between you and the relevant third party. In such case, the Agreement does not affect your legal relationship with that third party.
- 15.6 We are not directly involved in the completion of purchases arranged with Third Party Sellers. Any details regarding checkout, payments, shipping status, cancellations, refunds, returns etc. needs to be arranged between you and the Third Party Seller. We are not obligated to become involved in any dispute that arises between you and a Third Party Seller.
- 15.7 We may be paid a commission or fee from affiliated partners for the operation of store fronts on the Application and/or sales made by third parties to you via the Application or from the use of payment gateways such as Stripe or Paypal.
- 15.8 To the extent permitted by law (including under the Australian Consumer Law), we will not accept or assume any liability whatsoever in respect of any items sold by Third Party Sellers via the Application.
- 15.9 An item sold by a Third Party Seller may or may not be returned depending on your agreement with the Third Party Seller.
- 15.10 The method of delivery/shipment of items sold via the Application is based on the arrangements set by the Third Party Sellers. Please refer to the Third Party Seller’s postage instructions for details. The method of payment is based on the mutual agreement between the Third Party Seller and you.
- 15.11 To the extent permitted by law (including under the Australian Consumer Law), we do not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered via the Application by Third Party Sellers.
- 15.12 Any payment gateway or ancillary payment processing facilities are not provided by us and to the extent permitted by law (including under the Australian Consumer Law), we give no warranty in connection with such facilities. We will in no event be liable for any loss, damages, costs or expenses suffered as a result of any error or non-performance related to the payment gateway facilities.
- 15.13 We do not warrant that any Third Party Seller will complete the sale of an item herein. You are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretence or persons having no contracting capacities.
- 15.14 In case of any dispute between you and any other user of the Application (including without limitation, with a Third Party Seller) or any dispute arising from the sale or purchase of an item, we shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- 15.15 If we are required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by us in connection with the provision of such service, including our costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
- 15.16 You will not hold us responsible for other users’ content, actions or inactions or items they offer for sale.
- 15.17 We are not involved in the actual transaction, financial or other between you and a Third Party Seller.
- 15.18 When you enter into a transaction with a Third Party Seller you may be creating a legally binding contract with them. You must ensure that you comply with your obligations to that Third Party Seller and are aware of any laws relevant to you as a buyer.
- 15.19 If you have a dispute with one or more users (including a Third Party Seller), you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- 15.20 Gyppy App is not affiliated with any major suppliers,wholesalers or retailers. Gyppy App does not claim to be a supplier of any brand of board, compounds or other. Plain (non copyright wording) on our interface is for the sole purpose of providing publicly known information about available sizes from that chosen supplier. Gyppy App does not use or advertise any known copyright from any brand.
- 16.1 We expressly exclude any warranty that the Application will be available at all times or that your use of the Application will be uninterrupted or error free. We reserve the right to suspend the operation of the Application including if required or requested to do so by our hosting service provider. To the extent permitted by law (including under the Australian Consumer Law), we shall not be liable in respect of any action or claim in relation to such unavailability or any claim for loss or damage arising therefrom.
- 16.2 We expressly exclude any warranty arising from user error or incorrect use of the Application.
- 16.4 We assume no liability and are under no obligation to become involved, mediate or otherwise in regards to disputes between individuals and their organisation in regards to personal data usage, charges incurred, user error, or any other dispute that may arise from operating the App.
To the extent permitted by law (including under the Australian Consumer Law), any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some jurisdictions may not allow limitations on how long an implied warranty, guarantee or condition lasts.
a)EXCLUSIONS FROM WARRANTY. To the extent permitted by law (including under the Australian Consumer Law), the warranty under this Agreement does not cover problems caused by your acts or omissions or the acts or omissions of others, or events beyond our reasonable control.
b)CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws (including under the Australian Consumer Law), which this Agreement cannot change.
c)NO OTHER WARRANTIES. To the extent permitted by law (including under the Australian Consumer Law), this limited warranty is the only direct warranty from us. We give no other express warranties, guarantees or conditions. Where allowed by your local laws, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the remedy for breach of warranty clause above, to the extent permitted by your local laws.
18. The Competition and Consumer Act 2010 (Cth.) and Fair Trading Acts
- 18.1 Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth.) or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
- 18.2 If you are a consumer for the purposes of the Australian Consumer Law Schedule of the Competition and Consumer Act 2010, nothing in these Terms limits any remedy available for a failure of the guarantees in sections 56 and 57 of that law.
19. Limitation of Liability and Indemnity
- 19.1 You assume full responsibility and risk of data loss resulting from your use of the Application. You understand and agree that your use of the Application is at your sole risk and that the Application is provided “as is” and “as available”. We do not represent or warrant to you that your use of the Application will meet your requirements, that your use will be uninterrupted, timely, secure or free from error, that any information provided (whether by us or any third party) will be accurate or reliable or that defects in the operation of functionality of the Application will be corrected.
- 19.2 Except as expressly provided to the contrary in this Agreement to the maximum extent permitted by the Australian Consumer Law, in no event whatsoever shall we be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or the inability to use, the Application or the provision of or failure to provide any services in relation to the Application. We shall not be liable for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance you may place on the completeness, accuracy or existence of any information provided by a third party, or as a result of any relationship between you and any third party. We shall not be liable for the deletion of, corruption of, or failure to store any content or other data maintained or transmitted by or through your use of the Application. The limitations on our liability referred to in this clause apply whether or not we have been advised of or should have been aware of the possibility of any such losses or damage arising.
- 19.3 To the extent permitted by the applicable law and the Australian Consumer Law, our total liability to you in any event shall be limited to the amount, if any, actually paid by you for use of the Application (and if nothing has been paid, limited to 1 cent AUS) and you hereby release us from any liability in excess of this limitation.
- 19.4 You agree that you have not relied on any representation made by us which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues, internet sites or publicity material produced by us.
- 19.5 You shall at all times indemnify and hold us (“those indemnified”) harmless from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
a) A breach by you of your obligations under this Agreement; or
b) Any willful, unlawful or negligent act or omission by you.
- 20.1 This Agreement is effective until terminated in accordance with this clause. We may terminate this Agreement immediately at any time and without liability to you.
- 20.2 Either party may terminate this Agreement immediately should the Application become the subject of a claim of infringement of any intellectual property right. Upon or at any time after termination for any reason, you must destroy all copies of the Application if required by us.
- 20.3 Those clauses of this Agreement that are capable of surviving termination shall do so, and termination pursuant to this clause will not affect any rights or remedies which we may have otherwise under this Agreement or at law. If we terminate this Agreement for breach we may retain any fees paid by you or a third party.
21. Upon Termination
- 21.1 If terminated in accordance with clause 20, we may:
a) Repossess any copies of the Application or other materials provided to you;
b) Retain any moneys paid;
c) Charge a reasonable sum for any work performed in respect of which work no sum has been previously charged;
d) Be regarded as discharged from any further obligations under this Agreement; and
e) Pursue any additional or alternative remedies provided by law.
- 21.2 Upon any termination, the rights and licences granted to you herein shall terminate and you must cease all use of the Application.
- 21.3 Following expiry of the Term, and unless required by us by notice in writing to remove the Application from your devices, you may continue to use the Application to the extent licensed hereunder in respect of which no limitation as to term (duration) of use applies, but you acknowledge that its features, functionality and operation may be significantly restricted, un supported or impaired.
22. Waiver, Variation and Severance
- 22.1 No right under this Agreement shall be deemed to be waived except by notice in writing signed by you and us. A waiver by us pursuant to this clause will not prejudice its rights in respect of any subsequent breach of these terms and conditions by you. The provisions of this Agreement, shall not be varied, except by agreement in writing signed by you and us.
- 22.2 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.
23. Changes to the Licence Terms
We reserve the right to make changes to these terms and conditions. When these changes are made, we will make the new terms available at our Website at www.gyppylife.com.au. You understand and agree that if you continue to use the Application after the date on which the terms and conditions have changed, your use will constitute acceptance of the updated terms and conditions.
24. Force Majeure/Major Events
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
25. Applicable Law
The Applicable Law is the law for the time being in force of the State of NSW, Australia. This Agreement is governed by the Applicable Law without any reference to any conflict of laws and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW, Australia and the Courts of Appeal therefrom.
In these terms and conditions, unless the contrary intention appears:
a) Words in the singular number include the plural and vice versa;
b) Words importing a gender include any other gender;
c) A reference to a person includes bodies corporate and unincorporated associations and partnerships;
d) A reference to a clause is a reference to a clause or sub-clause of this Agreement;
e) Monetary references are references to Australian currency.
This Agreement was originally prepared in the English language. In the case of any conflict or discrepancy the English language version of this agreement will prevail.
- We reserve the right to increase our fees at any time and for any reason for new sign ups.
- 29.1 In the event of any default by an organisation. We may decline an organisation access to their data at any time due to default or repeat default and reserve the right to suspend or cancel a subscription.
30. Refund Policy
- 30.2 It is at our discretion to refund an organisation should they wish to cancel at any point throughout their chosen term. All refund appeals must be in writing and we reserve the right to refusal.
31. Gyppy pro subscriptions
Gyppy offers two subscription options for its extensive premium features, unlock unlimited job creation, unlimited room creation and exporting of quotes, order forms and cutting schedules.
– Yearly recurring fee of $599.99AUD.
– Monthly recurring fee of $62.99AUD.
Gyppy is a powerful tool for the serious drywall plasterer.
Gyppy is used for measuring, quoting, supplier ordering and archiving.
Gyppy is a digital cutting schedule that automatically generates quantities, prices and brand specific supplier order forms.
Gyppy generates A4 printable cutting schedules and supplier order forms for onsite reference.
Gyppy requires no internet to operate and it fits right in your pocket.
Access Gyppy Pro subscription features for $62.99AUD per month or $599.99AUD annually. You will be automatically billed $62.99AUD through iTunes every 30 days or $599.99AUD every 365 days until you cancel your subscription. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. You subscription can be managed and the auto-renewal may be turned off by going to the iTunes Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
32. Entire Agreement
This Agreement constitutes the entire agreement between you and us. The terms and conditions of this Agreement can only be varied in accordance with clause 23 above or by a document in writing supplied and signed by us and accepted by you.