Website and App Terms & Conditions of Use

1. About the Saas Service

1.1. Introduction

Welcome to …… (www.shadowforms.com). The Website allows you to access and use the Shadow Forms – Check in.

1.2. Terms Acceptance

The App is operated by Shadow Forms. Access to and use of the Website, or any of its associated Products or Services, is provided by Shadow Forms. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.

1.3. Changes to the Terms

Shadow Forms reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Shadow Forms updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

3. About the Service

3.1. Service Description

Shadow Forms provides digital forms and checklists.

3.2. Account Types

Free and Subscription accounts are offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before receiving such an account.

3.3. Licensing Agreement

Some accounts may be governed by a separate Software Licensing Agreement, which may amend the terms of use.

4. Acceptable Use of the Service

4.1. Lawful Use

The service must only be used lawfully. Shadow Forms reserves the right to suspend or deny access to users who use the service to:

(a) Disrupt access, availability, and security of Shadow Forms services:

(i) Tampering with, reverse-engineering or hacking servers.
(ii) Modifying or compromising performance of Shadow Forms services.
(iii) Overwhelming our infrastructure.
(iv) Compromising integrity of our system without permission.

(b) For illegal purposes or to violate laws.

(d) Misrepresent or defraud any user or entity.

(e) Access any part of the Service other than allowed in the applicable Software Licensing Agreement.

(f) Share content in violation of Shadow Forms’ content policy.

5. Security and Data Privacy

Shadow Forms takes your privacy seriously. Information provided through your use of the Website and/or Services is subject to Shadow Forms’ Privacy Policy, which is available on the Website.

6. Data Use

Shadow Forms collects, stores, and processes your data to provide Services, as well as facilitate business operations. The Privacy Policy outlines how your data is handled.

7. Subscription to use the Service

7.1. Subscription Purchase

To access the Services, you must purchase a subscription through the Website and pay the applicable Subscription Fee. After purchase, you will be considered a member.

7.2. Subscription Suitability

You acknowledge that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

7.3. Account Registration

Before accessing the Services, you may be required to register for an account.

7.4. Personal Information

Personal information may be required during registration, including Login Details, Email address, and Phone numbers.

7.5. Information Accuracy

You warrant that any information given during the registration process will always be accurate.

7.6. User Agreement

Once registered, you agree to be bound by the Terms.

7.7. Restrictions on Use

You may not use the Services if:

(a) You are not of legal age to form a binding contract.
(b) You are barred from receiving Services under applicable laws.

8. Payments

8.1. Payment Methods

The Subscription Fee may be paid through various methods available on the Website.

8.2. Third-Party Services

Payments made may involve third-party applications not controlled by Shadow Forms. Shadow Forms is not liable for issues arising from third-party services.

8.3. Liability for Payment Issues

You are liable for any costs from payment issues with your financial institution.

8.4. Subscription Fee Variability

Shadow Forms can vary the Subscription Fee at any time.

9. Refund Policy

Refunds of the Subscription Fee are only provided under specific circumstances.

10. Copyright and Intellectual Property

All material on the Website is protected by copyright and other intellectual property laws. Shadow Forms owns the rights to all website content.

11. General Disclaimer

Nothing in the Terms limits any implied guarantees or warranties.

12. Limitation of Liability

Shadow Forms’ total liability will not exceed the resupply of Services.

13. Termination of Contract

The Terms continue until terminated as set out below.

13.2. Termination by User

A user can terminate by:

(a) Not renewing the Subscription.
(b) Providing notice of termination.
(c) Closing their accounts.

13.4. Termination by Shadow Forms

Shadow Forms may terminate the Terms if:

(a) Subscription is not renewed.
(b) The user breaches Terms.

14. Indemnity

You agree to indemnify Shadow Forms for any claims arising from your use of the Website.

15. Dispute Resolution

Disputes must be resolved through negotiation before court proceedings.

15.1. Notice of Dispute

Written notice must be provided detailing the dispute.

15.3. Resolution Process

Parties must endeavor to resolve disputes within 30 days.

16. Venue and Jurisdiction

Exclusive venue for disputes shall be in the courts of Victoria.

17. Governing Law

The Terms are governed by the laws of Victoria.

18. Independent Legal Advice

Both parties declare the Terms are fair and reasonable after obtaining independent legal advice.

19. Severance

If any part of these Terms is deemed void, the rest shall remain in force.