Terms of Use

Overview of Terms of Use


SmallBusiness Essentials ("SBE") is a unique, flexible, comprehensive online tool box of ready-to-use and easy-to-use business solutions for small business provided by Zions Pty Ltd ACN 000 156 150 (“Zions”).

These terms of use ("Terms of Use") between Zions and you describe the terms and conditions for your use of the SBE website (http://www.smallbusinessessentials.com.au or http://www.mysbe.com.au) ("Website") and the services available on the Website ("Service"). 

These Terms of Use apply to registered account holders as well as visitors to the Website who are not registered account holders.

By signing up to the Service or continuing to browse our Website, you are agreeing to comply with and be bound by these Terms of Use.  These Terms of Use and Zions' Privacy Policy, govern Zions' relationship with you.

1. Variation

Zions has the right to update and change these Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use.  Continued use of the Service after any such changes shall constitute your consent to such changes.  You can review the most current version of these Terms of Use at any time at: http://www.smallbusinessessentials.com.au/TermsofUse.

2. Nature of the Service

The Service is an online system which:

  1. allows you to store and access financial and personal information about yourself, your company or your organisation ("Organisation"); and
  2. is intended to assist you in managing your Organisation's operations.

You acknowledge that Zions uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service and that Zions’ supply of the Service and Website is subject to Zions’ contracts with its third party vendors and hosting partners.

3.No warranties

The Service and the information and content contained on our Website are provided on an “as is” and “as available” basis and Zions does not provide any warranty or guarantee that:

  1. using the Service will improve your Organisation's performance, productivity, profitability or ability to comply with applicable
    laws;
  2. the Service is suitable for or will meet your specific requirements;
  3. the Service will be uninterrupted, continuous, timely, secure or error-free;
  4. the results that may be obtained from the use of the Service will be accurate or reliable;
  5. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations;or
  6. any errors in the Service will be corrected.

You acknowledge that any information or content on the Website may contain inaccuracies or errors and that your use of the Service and the Website is entirely at your own risk.

4.Signing up to the Service

To sign up to the Service, whether in your own capacity or on behalf of your Organisation:

  1. you must be at least 18 years of age;
  2. you must be a natural person (accounts registered by “bots” or other automated methods are not permitted); and
  3. you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

5.Using the Service

You agree that you are solely responsible for:

  1. all content posted and activity that occurs under your account, including, but not limited to, content that is posted by others who have accounts under your account; and
  2. maintaining the security of your account, login details and password. Zions is not liable for any loss or damage which arises from or is incurred in connection with your failure to comply with this security obligation.

You must not:

  1. allow your login to be used by any other person (a single login shared by multiple people is not permitted and separate logins may be created for as many people as your plan allows);
  2. block advertising content (if you are using a free account);
  3. sign up for, use or maintain more than one free account;
  4. use the Service or Website in a manner that is not lawful or, in Zions’ reasonable opinion, unacceptable;
  5. provide us with any false information;
  6. use any robot, spider, scraper or other automated means to access the Website for any purpose without Zions’ prior written consent;
  7. take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website or Zions’infrastructure;
  8. interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  9. create a link to the Website from another website or document, including deep linking to parts of the Website, without our prior written consent;
  10. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Zions, or any other Zions service;
  11. reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Service, use of the Service or access to the Service without the prior written consent of Zions;
  12. upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages; or
  13. transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Zions) of other similarly sized Zions customers and similar Service users, Zions reserves the right to immediately disable your account or throttle your file hosting until you reduce your bandwidth consumption.

6.Your data

The Service will only store information in relation to your Organisation that is entered by you or imported on your instruction ("Data"). Your Data remains your property and the Service will not use nor make it available or use any of this information without your prior written consent.

Your Data is only accessible by you and any approved users of your Organisation ("User"). The person nominated as the administrator of your Organisation ("Administrator") will have full control over who may be approved as a User and who has permission to view the Organisation’s information stored in the Service. A user name and password is required in order to access an Organisation's information in the Service.

Zions does not have access to your passwords and is therefore unable to access your or your Organisation's account or your Data without receiving an invitation from the Administrator.

Upon request, Zions will provide the Administrator with a full export of the Organisation’s Data in a common file format determined by Zions.

7.Monitoring system usage

You acknowledge that:

  1. Zions has access to and may use aggregate information such as the number of associated Users of your Organisation, number of transactions and billing information for the purpose of billing and monitoring server and software performance as well as for other internal purposes of Zions; and
  2. Zions and its partners may access non-identifying and aggregated usage information and transaction volumes in order to better understand how Zions' customers are using the Service for the purposes of improving the system design. Where appropriate, Zions may have the system prompt users with suggestions on ways to improve their use of the system.

Zions agrees not to:

  1. access the details of any financial transaction entered and stored in the Service; or
  2. access system usage history for a specific identifiable user,

except where granted permission by the User to assist with resolution of a system issue or error or required by law.

8.Security of data

Although Zions’ servers have Comodo (http://www.comodo.com) ) issued SSL Certificates which allows data to be transferred between the Users of an Organisation and Zions’ servers encrypted, you acknowledge that the technical processing and transmission of the Service, including your Data, may be from time to time transferred unencrypted and involve:

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that it is your responsibility to ensure that your web browser and operating system support the encryption security used by Zions’ servers.

You acknowledge that Zions may from time to time store your Data in countries other than Australia if Zions considers that storing your Data in this way will give you and your Organisation the most efficient access.

Where you access or input Data from a country other than the country where the Data is stored or to be stored, you consent to that Data being transferred from country to country (including via any intermediate country) as a function of transmission across the internet.

9.Payment, refunds, upgrading and downgrading terms

A valid credit card or PayPal account is required for paying accounts. Free accounts are not required to provide a credit card number.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Zions does not accept any liability for such loss.

If you choose to pay for the Service by Credit Card, your credit card details are not stored by Zions and cannot be accessed by Zions staff.

Your credit card details are encrypted and securely stored by PayPal to enable the automatic billing of your credit card on a recurring basis.

You are solely responsible for properly cancelling your account. This is done within the Service.

10.Variation to Service and prices

Zions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the price of the Service, with or without notice. However, where practicable, Zions will give 30 days notice of any change to the Service by posting the changes to the Website.

Zions shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

11.Technical support

Technical support is only provided to paying account holders and is only available via email.

12.Breach

If:

  1. you commit a breach of these Terms of Use which is not capable or being remedied;
  2. you commit a breach of these Terms of Use which is capable of being remedied but fail to remedy the breach within the time frame specified in Zions’notice of the breach to you;
  3. Zions reasonably believe that your actions may cause loss or damage to Zions or a third party; or
  4. the law requires us to do so;

Zions may, in its sole discretion, and without notice to you suspend, terminate or limit your account or your access to the Website and Service.

13.Consequences of termination

If your account is terminated,

  1. Zions will refuse any subsequent registrations by you;
  2. Zions will provide the Administrator with a full export of the Organisation’s Data in a common file format determined by Zions, if requested by the Administrator;
  3. The Organisation’s Data will be permanently deleted by Zions on or after the date which is 60 days after the date of termination or, if requested by the Administrator, on an earlier date.

14.Liability and indemnity

To the extent permitted by law, Zions is not liable for any direct, indirect, incidental, special, consequential or exemplary loss or damage arising out of or in connection with your use of the Service or Website, including but not limited to:

  1. loss of profits, goodwill, use, data or other intangible losses; and
  2. loss caused by Zions failure to comply with its obligations under these Terms of Use where that loss is caused by events outside our reasonable control such as interrupted access to the Website.

You indemnify Zions and its officers, directors, agents and employees against all claims, damages, losses and liabilities (including indirect and consequential loss) arising out of or in connection with your use of the Service or Website.

15.Notice

Any notices in relation to these Terms of Use must be given by email. In the case of Zions, the email address for service of notices is mail@mysbe.com.au. In your case, the email address for service of notices is the email address you have provided to us in your account details.

16.Intellectual property

The Website and Service contains material which is either owned by or licensed to Zions. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the Website or Service, or part thereof, is prohibited other than in accordance with the copyright notice which forms part of the Terms of Use.

17.Other websites

The Website may contain links to other websites from time to time. These links are provided for your convenience to provide further information and does not signify that Zions endorses the website(s). Zions takes no responsibility for the content of any linked website(s).

18.General

If any provision of these Terms of Use is void, illegal or unenforceable, it may severed without affecting the other provisions in the Terms of Use.

Zions' failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

 These Terms of Use replaces all previous agreements about its subject matter, including, but not limited to, any prior versions of the Terms of Service and constitutes the entire agreement between Zions and you.

These Terms of Use are made in the state of New South Wales, Australia and is governed by the laws of New South Wales, Australia. Your use of the Service and Website and any dispute arising out of such use is subject to the laws of the Commonwealth of Australia and New South Wales.

Zions reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Service (or any part thereof) with or without notice.

Questions about the Terms of Use should be sent to mail@mysbe.com.au.

Our Promise

Our promise is to deliver tools that will measurably save you time and money and give you peace of mind. Empowering and enabling you to achieve financial and business success.