- iGYRO Website
1.1 The iGyro website https://www.igyro.com.au/ (“Website”), software platform (“Platform”) and other pages and websites with the iGyro branded logo (“Pages”) (collectively referred to as “Software” are operated by iGyro and its associated entities of 199 Rose Ave, Coffs Harbour, Australia ("iGyro ").
1.2 iGyro Builder’s Management Software is a subscription-based web platform designed to streamline and enhance various aspects of residential construction. With iGyro subscription, users gain access to a comprehensive suite of tools and features tailored specifically for builders. iGyro offers a range of services aimed optimizing project workflows, improving communication, and increasing efficiency throughout the construction process. Some key features includes accounts payable automation, project scheduling and tasks management, estimating, document management, client portals, reporting and more.
1.3 You are allowed access to the Software subject to these Terms and Conditions ("T&Cs").
1.4 By using the softw that iGyro provides (as described in clause 2) and accessing the Software, you acknowledge that you have read and understood these T&Cs and you agree to be bound by these T&Cs.
2.1 iGyro provides you with opportunity to access to a variety of Resources (jointly and severally referred to as the “Resources”), including the following which are collectively referred to as the “Software”:
(a) Builder’s management software;
(b) Estimata which is a post contract estimating system;
(c) Automatic email notifications to staff members utilising the user dashboard;
(d) Cloud based software customer access through a customer focused portal;
(e) Informative reporting and mail merge capabilities;
(f) iDule: site schedule which records dates for key tasks and milestones;
(g) Adverse weather tracker;
(h) Tasks list;
2.2 The free version of iGyro is limited to 1 user.
2.3 The Software may be updated, modified or varied by iGyro from time to time as reasonably necessary.
2.4 Resource usage is by way of “fair use”.
2.4.1 The Fair Use Policy for our Services comprises, but is not limited to, elements such as support, storage, traffic, emails and compute – this includes for example file storage, database size, the amount of internal and external network traffic including web traffic and the number of emails sent from and received by our servers.
2.4.2 iGyro does not charge extra costs when the Services are used reasonably and normally. When we determine the scope of Fair Use we consider your contract, the observed use of all iGyro users, technical advances and the current price rate of all necessary assets.
2.4.3 If we detect something out of the ordinary in your iGyro SaaS environment or Service usage, we’ll contact you to discuss the situation and potential solutions. In extreme cases, we may be required to limit the Service usage (e.g. limit your access to support, available storage, bandwidth, database usage, API usage or allowed emails)
- Term, Termination and Expiry
3.1 You will be allowed access to the Software and the information contained thereon throughout the term.
3.2 “Term” means the term which will commence upon your subscription to the Software and payment of the fees specified on the website or otherwise agreed with you and will end on the earlier of:
(a) Giving of 1 month’s notice by other party to the other;
(b) Upon you ceasing to make payment of the agreed fees;
(c) You failing to remedy a breach of these T&Cs in accordance with a notice to do so;
3.3 If you elect to access further Resources available in the Software, then you must pay the fee for those further Resources and if you fail to make payment on the due date, then iGyro may cease your access to that or those Resources without further notice to you.
3.4 If your access to the Software and/or any or all of the Resources ends for any reason, then you may have no further access to any of the data stored thereon and iGyro will have no liability to you for any loss cost or damage suffered or incurred as a result thereof.
3.5 Some of the Resources may be available at no charge to you. Access to these resources may continue after the Term has come to an end. iGyro makes no guarantee you will have ongoing access to these Resources or that the data will be available at the end of the Term.
3.6 If you wish to transfer data contained on the Software to another service provider, then iGyro may provide these further service to you at a cost to be agreed between the parties prior to the transfer at an hourly rate which as at the date of these T&Cs is $240 plus GST.
- Copyright and trademarks
4.1 iGyro is either the owner or licenced user of the copyright in the material in the Software and within the services that iGyro provides. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material in the Software without the written consent of iGyro, other than to the extent necessary to view the material as permitted by law or otherwise use the Software for the Services.
4.2 Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without the prior consent of iGyro.
4.3 The Services, products, technology and processes contained in the Software may be the subject of other intellectual property rights owned by iGyro or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these T&Cs.
4.4 Your use of the Software must not in any way infringe the intellectual property rights of any person.
- Notice specific to Software available on this website
5.1 The Software is the copyrighted work of iGyro and/or its suppliers.
5.2 The Software is made available for download solely for use by end users. Any reproduction or redistribution of the Software is expressly prohibited. You indemnify iGyro against any loss, cost or damage it may suffer or incur (including legal fees on an indemnity basis) if you or your servants, agents or representatives infringe this prohibition. You acknowledge that such an infringement may constitute a criminal offense.
5.3 Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted in writing by iGyro at the absolute discretion of iGyro.
5.4 To the extent permitted by law iGyro hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
5.5 You agree that, provided iGyro uses its best endeavours to rectify the issue, iGyro will not be liable to you for any special, indirect or consequential loss, cost or damage suffered by you:
(a) due to any downtime or unavailability of the Software; or
(b) loss or use, data or profits arising from the use of the performance of the Software, failure to provide Software or information from the Software;
5.6 You acknowledge that circumstances outside of the control of iGyro may make the Software unavailable at times or may cause a loss of data and that iGyro will not be liable to you for any loss, cost or damage suffered or incurred as a result of those circumstances or actions of third parties.
5.7 iGyro reserves its rights in their entirety against you should you infringe these T&Cs.
- Documents
6.1 You may use documents generated from the Software (“Documents’)
6.2 Documents do not include the design or layout of the Software or any other iGyro owned, operated, licenced or controlled site. Elements of iGyro Software are protected by trade dress, trademark, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any iGyro Software may be copied or retransmitted unless expressly permitted by iGyro.
- No Warranty
6.1 iGyro does not warrant or represent:
(i) Your systems will meet the minimum requirements to enable use of the Software;
(ii) Information provided on the Software is accurate. Complete or suitable for any purpose including the purpose intended by you and you acknowledge you have not advised iGyro of the purpose intended by you;
(iii) The Software and its services are free from any computer viruses or defects; or
(iv) your access to the Software and its services will be continuous or uninterrupted.
- Liability
8.1 Nothing in these t&cs excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the competition and consumer act 2010 (cth) and similar state or territory legislation (non-excludable provision). However, to the maximum extent permitted by law, our liability for failure to comply with any non-excludable provision is limited (at iGyro’s option):
(a) in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by iGyro’s);
(b) In the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by iGyro’s); or
(c) Where iGyro’s are permitted to do so, by excluding our liability for or arising out of any (except to the extent it constitutes significant personal injury caused by iGyro’s reckless conduct);
(d) Death of any person; or
(e) Physical or mental injury to any person (including the aggravation, acceleration or recurrence of physical or mental injury);
- Member account, password and security
9.1 If any of the Software requires you to open an account, you must complete the registration process by providing iGyro with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify iGyro immediately of any unauthorised use of your account or any other breach of security. iGyro will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by iGyro or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
9.2 You must provide us with complete and up-to-date information, as requested. It is your responsibility to inform iGyro’s of any changes to your registration information.
9.3 You agree to keep your username and password confidential and secure and not to permit any other person to access the Software using your username and password. You acknowledge that your details are non-transferrable.
- No unlawful or prohibited use
10.1 As a condition of your use of the Software, you will not use the Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Software in any manner that could damage, disable, overburden, or impair any iGyro server, or the network(s) connected to any iGyro server, or interfere with any other party's use and enjoyment of any Software.
10.2 You may not attempt to gain unauthorized access to any Software, other accounts, computer systems or networks connected to any iGyro server or to any of the Software, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software.
- Use of Software
11.1 The Software may contain e-mail Software, bulletin board Software, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Software ").
11.2 You agree to use the Communication Software only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Software, you will not:
(a) Use the Communication Software in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
(d) Upload, or otherwise make available, files that contain images, photographs, Software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you ow or control the rights thereto or have received all necessary consent to do the same.
(e) Use any material or information, including images or photographs, which are made available through the Software in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
(f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Software specifically allows such messages.
(g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
(h) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(i) Restrict or inhibit any other user from using and enjoying the Communication Software.
(j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(k) Harvest or otherwise collect information about others, including e-mail addresses.
(l) Violate any applicable laws or regulations.
(m) Create a false identity for the purpose of misleading others.
(n) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Software or other user or usage information or any portion thereof.
11.3 iGyro has no obligation to monitor the Communication Software. However, iGyro reserves the right to review materials posted to the Communication Software and to remove any materials in its sole discretion. iGyro reserves the right to terminate your access to any or all of the Communication Software at any time, without notice, for any reason whatsoever.
11.4 iGyro reserves the right at all times to disclose any information as iGyro deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iGyro 's sole discretion.
11.5 Always use caution when giving out any personally identifiable information about yourself in any Communication Software. iGyro does not control or endorse the content, messages or information found in any Communication Software and, therefore, iGyro specifically disclaims any liability with regard to the Communication Software and any actions resulting from your participation in any Communication Software. Managers and hosts are not authorized iGyro spokespersons, and their views do not necessarily reflect those of iGyro.
11.6 Materials uploaded to the Communication Software may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
- Materials provided to iGyro or posted at any iGyro website
12.1 iGyro does not claim ownership of the materials you provide to iGyro (including feedback and suggestions) or post, upload, input or submit to any Software.
12.2 In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these T&Cs and the Software, (b) you have the rights necessary to grant the licenses and sublicenses described in these T&Cs, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these T&Cs, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Software, other than a private community), permission to use your Images in connection with the use, as permitted by these T&Cs, of any of the Software, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Software. The licenses granted in the preceding sentences for any Images will terminate at the time you completely remove such Images from the Software , provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
- Privacy and protection of personal information
See the Privacy Policy relating to the collection and use of your information.
- Links to third party sites
14.1 The Software may contain links to the websites of third parties. iGyro is not required to maintain or update the links.
14.2 The linked sites are not under the control of iGyro and iGyro is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. iGyro is not responsible for webcasting or any other form of transmission received from any linked site. iGyro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iGyro of the site. iGyro does not make any warranties and accepts no liability in relation to material contained on third party sites.
- Jurisdiction
15.1 The T&Cs will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of dispute arising out of, or in connection with, the T&Cs or any use of the Software.
- Contact
16.1 If you have any questions regarding the T&Cs, please contact us: support@iGyro.com.au
