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NOW SORTED Terms and Conditions (“Terms”)

IMPORTANT: READ CAREFULLY – THIS LICENCE IS LEGALLY BINDING

This Licence shall be binding on Now Sorted Pty Limited ABN 76 168 812 655 (herein referred to as “NSPL”) and you as the Licensee (herein referred to as “the User” or “you”).

This agreement governs your acquisition and use of NSPL services. If you register for a free trial for our services, this agreement will also govern that free trial.

By accepting this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, you agree to the terms of this agreement.

These Terms of Service apply to the online internet version of NOW SORTED and any related software which is made available to you as a Business User or a Personal User of NOW SORTED or as a User introduced by either a Business User or a recommender of NOW SORTED Services as a registered member of the Affiliate plan of NSPL (‘Affiliate’).

  1. Your relationship with NSPL
    • Your use of NOW SORTED Software (‘Software’) and web-site (referred to collectively as the “NOW SORTED Services” in this document) is subject to the terms of a legal agreement between you and NSPL.
    • If you are entering this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its employees and its affiliates to these terms and conditions, in which case the terms “you” or “your’ shall refer to such entity, its employees and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
    • NOW SORTED Services means the facilities provided by NSPL for organising personal, family, and/or business documents information and other data; the principal place of business for NSPL is at 20, The Greenway, Duffy’s Forest, New South Wales, Australia, 2084. This document explains how the agreement is made up, and sets out the terms of that agreement.
    • Unless otherwise approved by NSPL in writing, in order to become a business User of NOW SORTED Services you must be from the financial planning, accounting, or legal professions. You must also be a current member of an accredited body. Failure to provide truthful information about yourself and/or your business may result in the immediate termination of your Business User licence and you may face legal repercussions.
    • If you are a Personal User of NOW SORTED Services, there is no requirement to provide information of membership of a profession or professional body.
    • Unless otherwise approved by NSPL in writing, in order to become a member of the NOW SORTED Services Affiliate plan (an Affiliate who refers clients to NOW SORTED Services for a fee) you must be from the financial planning, accounting, legal or other advice professions or you must be an office holder in a recognised association or not for profit organisation or an executive from an organisation using a Now Sorted white label or enterprise solution. Failure to provide truthful information about yourself and/or your professional status may result in the immediate termination of your position as an Affiliate and you may face legal repercussions.
    • Unless otherwise agreed in writing with NSPL, your agreement will always include the terms and conditions set out in this document. In this document, the term “you” means you as a Business User being a person, company, employee or agent, or Personal User who will use the NOW SORTED Services as a result of being invited to do so by a Business User or by an Affiliate or by a director of NSPL.
  2. Accepting the Terms
    • In order to use the NOW SORTED Services, you must first agree to the Terms. You may not use the NOW SORTED Services if you do not accept the Terms.
    • You can accept the Terms by:
  3. clicking to accept or agree to the Terms, where this option is made available to you by NSPL in the User interface or web-site for any Service; or
  4. by actually using the NOW SORTED Services. In this case, you understand and agree that NSPL will treat your use of the NOW SORTED Services as acceptance of the Terms from that point onwards.
  5. Licence from NSPL
    • NSPL gives you a personal, non-assignable and non-exclusive licence to use the Software provided to you as part of the NOW SORTED Services (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the NOW SORTED Services as provided by NSPL, in the manner permitted by the Terms.
    • You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by NSPL in writing.
    • Unless NSPL has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
    • The User shall ensure that it has and maintains at all relevant times effective licences for any other software required for the use of NOW SORTED Software.
    • NSPL reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement. You agree that NSPL has the right, without liability to you, to disclose any basic registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as NSPL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to NSPL’s right to cooperate with any legal process relating to your use of the NOW SORTED Services and/or products, and/or a third-party claim that your use of the Services and/or products is unlawful and/or infringes such third party’s rights).
    • If licence fees set out in clause 4 cease for any reason data held in your Software will be restricted to read only unless or until your licence is reinstated.
  1. NSPL uses the PayPal organisation to facilitate electronic commerce payments between NSPL and its licensee Users through online funds transfers. PayPal allows Users to establish an account on its website, which is connected to a user’s credit card or checking account.
  2. Users of Now Sorted pay for their licence through PayPal and must abide by PayPal’s specific terms and conditions as applicable to that organisation’s requirements.
  3. If for any reason a PayPal payment fails to be transmitted to NSPL’s account this issue shall be subject to resolution between the User and PayPal; NSPL shall not be liable for any costs or consequences incurred as a result of such non receipt of payment by NSPL.
  4. Where a credit card payment fails, PayPal will attempt to gain payment by submitting its electronic request on two additional occasions in the expectation that imbursement for the NSPL licence fee will be honoured.
  5. Where payment for the monthly licence fee is not honoured after two further attempts by PayPal, NSPL will send an email to the address that was used in the sign up procedure on the website nowsorted.com advising that all data entered into the software will be deleted thirty days after the date of the initial payment failure unless licence fee payments are restarted and any back payments honoured.
  1. Licence fee
    • In consideration of the granting of this licence to you as a Business User you agree to pay to NSPL the regular fee that appears in the sign-up area of the NOW SORTED web-site.
    • Payment of the licence fee entitles Business Users to use up to one gigabyte of digital space for each family client for whom they provide the NOW SORTED Service; payment of the licence fee entitles a Personal User to use up to one gigabyte of digital space for the family data (Family Data) they input into the Software.
  2. The digital space to accommodate Family Data within the Software is referred to as a vault in NOW SORTED Services communications and any guide notes for each type of User (Business or Personal).
  3. The vault is the Software’s digital online repository for use by each User when entering Family Data.
  4. The owner of the vault is the person whose payment details are recorded at the time of sign up or another person if payment details are subsequently changed.
    • A member of the NSPL Affiliate plan (Affiliate) is not required to pay a licence fee and does not own a vault unless they also sign up as a Business User or Personal User.
    • You acknowledge that NOW SORTED may change its licence fees at any time and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
    • GST: In respect of any taxable supply, you must pay to NSPL an additional amount equal to the GST payable on such supply. The additional amount referred to in this clause is payable at the same time and in the same manner as supply subject to the receipt by the Business User or Personal User of a valid tax invoice (as defined in A New Tax System (Goods and Services Tax) Act 1999).
  5. Term of licence
    • This licence shall commence on the date of application by you for the NOW SORTED Service, which will automatically be recorded on the NOW SORTED web-site nowsorted.com
    • Use of the NOW SORTED Services is by subscription for a Business User and by a Personal User and is billed against the PayPal details provided and applicable at the time of application to sign up for the Services.
    • Renewal of this licence is at your option in the manner set out in clause 2.2.
  6. Changes
    • NSPL reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on your use of the NOW SORTED Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of the Services will be deemed acceptance thereof.
  7. Provision of the NOW SORTED Services by NSPL
    • NSPL is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the NOW SORTED Services which NSPL provides may change from time to time without prior notice to you.
    • As part of this continuing innovation, you acknowledge and agree that NSPL may stop (permanently or temporarily) providing the NOW SORTED Services (or any features within the NOW SORTED Services) to you or to Users generally at NSPL’s sole discretion, without prior notice to you. You may stop using the NOW SORTED Services at any time. You do not need to specifically inform NSPL when you stop using the NOW SORTED Services.
  8. Use of the NOW SORTED Services
    • You agree to use the NOW SORTED Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in Australia.
    • You agree that you will not engage in any activity that interferes with or disrupts the NOW SORTED Services (or the servers and networks which are connected to the NOW SORTED Services).
    • You agree that you will not reproduce, duplicate, copy, sell, trade or resell the NOW SORTED Services for any purpose.
    • You agree that you are solely responsible for (and that NSPL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NSPL may suffer) of any such breach.
    • You agree that these Terms will bind all agents and employees under your control, if any.
  9. Content in the NOW SORTED Services
    • You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the NOW SORTED Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
    • You should be aware that Content presented to you as part of the NOW SORTED Services may be protected by intellectual property rights which are owned by NSPL. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by NSPL or by the owners of that Content, in a separate agreement.
    • You agree that you are solely responsible for (and that NSPL has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the NOW SORTED Services and for the consequences of your actions (including any loss or damage which NSPL may suffer) by doing so.
  10. Proprietary rights
    • You acknowledge and agree that NSPL owns all legal right, title and interest in and to the NOW SORTED Services, including any intellectual property rights which subsist in the NOW SORTED Services (whether those rights happen to be registered or not, and wherever those rights may exist).
    • Unless you have agreed otherwise in writing with NSPL, nothing in the Terms gives you a right to use any of NSPL’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    • NSPL acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the NOW SORTED Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with NSPL, you agree that you are responsible for protecting and enforcing those rights and that NSPL has no obligation to do so on your behalf.
    • You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the NOW SORTED Services.
    • Unless you have been expressly authorized to do so in writing by NSPL, you agree that in using the NOW SORTED Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
    • Unless you are currently registered as an Affiliate for NOW SORTED Services, you must not hold yourself out, engage in any conduct or make any representation which may suggest to any person that you are for any purposes an agent of NSPL.
  11. Software updates
    • The Software which you use may automatically download and install updates from time to time from NSPL. These updates are designed to improve, enhance and further develop the NOW SORTED Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit NSPL to deliver these to you) as part of your use of the NOW SORTED Services).
  12. Ending your relationship with NSPL
    • The Terms will continue to apply until terminated by either you or NSPL as set out below.
    • NSPL may at any time, terminate its legal agreement with you if:
  1. you have breached any provision of the Terms or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; or
  2. NSPL is required to do so by law (for example, where the provision of the NOW SORTED Services to you is, or becomes, unlawful); or
  3. the provision of the NOW SORTED Services to you by NSPL is, in NSPL’s opinion, no longer viable.

Nothing in this Section shall affect NSPL’s rights regarding provision of NOW SORTED Services under these Terms.

  • NSPL reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and NSPL will not be liable to you or to any third party should it exercise such rights.
  • When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NSPL have benefited from, been subject to or which have accrued over time whilst the Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms continue to apply to such rights, obligations and liabilities indefinitely.
  1. Exclusion of warranties
    • Nothing in these Terms shall exclude or limit NSPL’s warranty or liability for losses which may not be lawfully excluded or limited by the law of New South Wales or Australia, to the maximum extent permitted by law.
    • You expressly understand and agree that your use of the NOW SORTED Services is at your sole risk and that the NOW SORTED Services are provided “as is” and “as available.”
    • In particular, NSPL, its subsidiaries and affiliates do not represent or warrant to you that:
  1. your use of the NOW SORTED Services will meet your requirements,
  2. your use of the NOW SORTED Services will be uninterrupted, timely, secure or free from error,
  3. any information obtained by you as a result of your use of the NOW SORTED Services will be accurate or reliable, and
  4. that defects in the operation or functionality of any Software provided to you as part of the NOW SORTED Services will be corrected.
  • Any material downloaded or otherwise obtained through the use of the NOW SORTED Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from NSPL or through or from the NOW SORTED Services shall create any warranty not expressly stated in the terms.
  • NSPL further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
  1. Limitation of liability
    • Subject to overall provision in these Terms, you expressly understand and agree that NSPL, its subsidiaries and affiliates, if any, shall not be liable to you for:
  1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or NOW SORTED Services, or other intangible loss;
  2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the NOW SORTED Services;
    2. any changes which NSPL may make to the NOW SORTED Services, or for any permanent or temporary cessation in the provision of the NOW SORTED Services (or any features within the NOW SORTED Services);
  • the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the NOW SORTED Services;
  1. your failure to provide NSPL with accurate account information;
  2. your failure to keep your password or account details secure and confidential.
  • The limitations on NSPL’s liability to you shall apply whether or not NSPL has been advised of or should have been aware of the possibility of any such losses arising.
  1. Copyright and trade mark policies
    • It is NSPL’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property.
  2. Changes to the Terms
    • NSPL may make changes to these terms from time to time. When these changes are made, NSPL will make a new copy of the Terms available at its web-site https://new.nowsorted.com.
    • You understand and agree that if you use the NOW SORTED Services after the date on which the Terms have changed, NSPL will treat your use as acceptance of the updated terms.
  3. General legal terms
    • The Terms constitute the whole legal agreement between you and NSPL and govern your use of the NOW SORTED Services (but excluding any NOW SORTED Services which NSPL may provide to you under a separate written agreement), and completely replace any prior agreements between you and NSPL in relation to the NOW SORTED Services.
    • You agree that NSPL may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the NOW SORTED Services web-site
    • You agree that if NSPL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which NSPL has the benefit of under any applicable law), this will not be taken to be a formal waiver of NSPL’s rights and that those rights or remedies will still be available to NSPL
    • If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    • The Terms, and your relationship with NSPL under the Terms, shall be governed by the laws of the State of New South Wales. You and NSPL agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that NSPL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    • NSPL is not responsible for typographical errors.
  4. Disclaimers
    • As a Business User you acknowledge and agree that NOW SORTED does not provide financial services pursuant to the Financial Services Reform Act 2001 (Cth) or any other forms of advice. You should not rely on the information from NOW SORTED as financial advice. NOW SORTED acts independently and is not liable for damages or losses sustained by you or your client(s) from using our products.
    • As a Personal User you acknowledge and agree that NOW SORTED does not take into account your objectives, financial situation or needs. NOW SORTED does not provide legal advice nor does it provide financial advice pursuant to the Financial Services Reform Act 2001 (Cth). If legal or financial advice is required, then we recommend that this be sought from a qualified professional such as your financial adviser, accountant or legal practitioner. NOW SORTED operates independently from your Business User, Affiliate, financial adviser, legal practitioner, accountant, any other adviser and any of their associated businesses. NOW SORTED is not liable for any damages or losses sustained from errors or omissions arising from your use of any parts of our product.
  1. Privacy & Security
    • You agree that you will attend to all requirements as to privacy of and data protection for your clients and/or prospects as a Business User or for yourself as a Personal User.
    • You agree to comply with all privacy obligations and laws in respect of data provided to you.
    • You agree to the use of your data in accordance with NSPL’s privacy policies, from time to time as published on the NOW SORTED web-site, www.nowsorted.com.
    • The Privacy Act 1988 (Cth) requires us to have procedures in place to cover the collection, use and disclosure of personal information we may hold about you. Your satisfaction in this regard is important to us and we draw the following statement to your attention.
    • There are two types of subscriber users of the NSPL service (referred to as NOW SORTED services in our Terms & Conditions): one type is a licensed Business user and the other type is a licensed Personal user; both types of user pay a fee to NSPL to use the service.
    • Subscriber users of the NSPL Service input data at two stages:
      • first, when applying to the NSPL web-site (www.nowsorted.com) by providing name and contact details at the sign-up stage. This information is referred to below as the User’s Basic Registration Information;
      • second, users of NOW SORTED Services input family and business data into NSPL Software (app.nowsorted.com) which is stored on Internet servers located in Australia; such information is referred to below as Your Family Data and such data is limited to one gigabyte of storage space per Family unless otherwise agreed.
    • A registered Affiliate of NSPL is a person or entity who is recognised by NSPL as an introducer of clients to NSPL Services and is defined in the Terms and Conditions agreement.
    • To pay NSPL for a subscription all Users are required to use the online PayPal service where options are provided to pay for their subscription.
    • NSPL keeps your Basic Registration Information in accordance with the following terms:
      • NSPL will collect Basic Registration Information from you including, but not limited to, your name, email address, physical address and telecommunication device details.
      • NSPL will make all reasonable efforts to handle all personal Basic Registration Information securely.
      • NSPL will use the Basic Registration Information collected to send you information about its web-site, tools, and other reasonable information.
      • NSPL will not send you information about a third party unless requested by you.
      • NSPL reserves the right to sell Basic Registration Information but only to a purchaser of Now Sorted Pty Limited or to a purchaser of a section of the business directly related to your registration information.
      • You have the right to reasonable access to the information about you that NSPL has collected.
    • NSPL deals with your Family Data in accordance with the following terms:
      • NSPL will not see, have access to or be able to use any Family Data information collected from the clients of a Business user.
      • NSPL will not see, have access to or be able to use any Family Data information collected from a Personal user.
      • A registered Affiliate of NSPL will not see, have access to or be able to use any Family Data information collected from a Personal user or client of a Business user.
      • NSPL employs the following security protocols relating to the use of NOW SORTED Services software:
      • All users will require a username & password that requires 8 (eight) characters, including a number, a capital letter, and a symbol, to login into the system.
      • Usernames & passwords are encrypted to stop any attempts at ‘sniffing’ the password.
      • Two-factor authentication is required if wrong password is used or is forgotten.
      • Role based security is used to limit access to data within the system.
      • All data travelling between the user’s browser and application servers are encrypted using transport layer security (TLS).
      • Data entered is stored and encrypted within the database using AES256.
      • All servers are behind firewalls with specific access control lists that only allow authorised traffic flows.
      • There is no access to user data without valid credentials being passed.
      • Servers are security hardened to have a minimum set of services running.

Though strict precautions, as outlined in this statement, have been made to protect the security of Your Family Data entered into the software provided by NSPL (and as updated from time to time) you enter such data on the Internet entirely at your own risk. No method of transmission over the Internet, or method of electronic storage, is 100% secure and while we strive to use commercially acceptable means to protect Your Family Data we cannot guarantee its absolute security.

If you have any concerns about administration of this privacy policy please contact us using the Contact facility on the Now Sorted web-site: www.nowsorted.com or email us at support@nowsorted.com