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PROPLY TERMS AND CONDITIONS

Last Updated: 2023-06-01

Welcome to proply!

These terms and conditions (Terms) govern your use of and subscription to proply (Subscription), a proposal creation and management solution (proply) available from our website located at auth.proplyapp.com.au (Website).

Your Subscription is for the tiered package selected by you and set out on our Website, or as otherwise agreed between you and us, and includes the Software, the Hosted Services and (if applicable) the Customisations (Subscription Tier).

By clicking the tick box, paying for your Subscription or otherwise accepting the benefit of any part of proply, you agree to be bound by these Terms which form a binding contractual agreement between you or the company you represent (the ‘you’) and Jaden Digital Pty. Ltd. (ABN 66 160 378 058) (‘our’, ‘we’ or ‘us’). You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.

Your Subscription will continue to renew indefinitely on a month by month basis, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 8.2.

We may change these Terms at any time by notifying you, and your continued use of proply following such an update will represent an agreement by you to be bound by the Terms as amended.

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

Please read these Terms carefully before agreeing to proceed with your Subscription.

DEFINITIONS

TermDefinition
Customisationshas the meaning given in clause 1.6.
Hosted Serviceshas the meaning given in clause 1.6.
Intellectual Property Rightsmeans any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of these Terms.
Proposalmeans a proposal created using proply.
Personnelmeans, in respect of a party, its officers, employees, contractors (including subcontractors) and agents.
Softwaremeans the proply software as described on our Website, and which is licenced to you in accordance with clauses 1.2.
Subscriptionhas the meaning given in the first paragraph of these Terms.
Subscription Feeshas the meaning set out in clause 2(a).
Subscription Tierhas the meaning given in the first paragraph of these Terms.
Usermeans an end user of proply including any users viewing, accepting or otherwise interacting with a Proposal.
Websitehas the meaning given in the first paragraph of these Terms.