Terms of Use

Heelix is a product wholly owned and developed by Heelix Pty Ltd (ACN 632 324 219). These terms of use (Terms) govern your use of Heelix mobile phone App and web App and related websites and form a binding contractual agreement between you (the user of the Site) and Heelix.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the App. You can contact us at hello@heelix.com.

By using the App you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the App.

Definitions

• References to “we”, “us” and/or “our” in these Terms is a reference to Heelix.
• References to “you”, “your(s)” and/or “user(s)” means any person using or browsing the App including, but not limited to, Employee Users and Admin Users.
• “Admin User(s)” means any person appointed by a Heelix Account Owner to be an Admin User.
• “App/Application” means the Heelix mobile phone application, web App and/or any related websites.
• “Claim(s)” means any loss, cost, action, proceedings, damages, expenses (including but not limited to legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us.
• “Employee User(s)” means any user who is an employee of the Heelix Account Owner.
• “Employer(s)” means the Heelix Account Owner.
• “Heelix Account” means an account opened in the name of an Employer.
• “Heelix Account Owner” means the legal entity in whose name a Heelix Account is opened.
• For yearly subscriptions “Subscription Renewal Date” means the twelve (12) month anniversary of the date on which the Heelix Account Owner paid for a subscription to the App or the date on which your membership was automatically renewed in accordance with these Terms;
• For monthly subscriptions “Subscription Renewal Date” means thirty (30) days after the date on which the Heelix Account Owner paid for a subscription to the App or the date on which your membership was automatically renewed in accordance with these Terms.
• “Site Purpose” means the purpose of the Site as defined at clause 1 of these Terms.
• “Social Media” means social media forums, applications, functions and promotions (including but not limited to Facebook, LinkedIn, Google+ and Twitter).

1. What we do

1.1 Heelix is a mobile phone and web Application that allows companies to measure workplace engagement by allowing employees to provide real-time feedback about how they are feeling at work. This feedback is collectively known as the employee ‘Vibe’ score. The App also allows employees to post company related ideas and enhance communication of company matters between employees, their peers and management. Clause 1.1 is collectively referred to in these Terms as the ‘Site Purpose’.

2. Privacy

2.1 Please refer to our Privacy Policy for information on how the company collects, uses and discloses personally identifiable information from users.

3. No advice

3.1 The Heelix Site does not provide advice of any kind. By using this Site you acknowledge and agree that nothing on the Site constitutes any advice whatsoever.

3.2 The Site’s only purpose is the Site Purpose (as defined at clause 1 of these Terms).

4. User discretion

4.1 Any content posted or action performed on the App is done so at the complete discretion the user. We do not accept any responsibility whatsoever for any negative or positive comments, opinions, ratings, nominations and/or posts on the App.

4.2 We do not endorse any comments, opinions, ratings, nominations and/or ideas posted on the App.

4.3 By using the App you accept complete responsibility for the effect or consequences of any content posted by you on the App.

5. Pricing

5.1 These Terms are subject to our Pricing Policy and any other terms and conditions therein. Please visit www.heelix.com for a copy of our current pricing.

6. Licence to use the App

6.1 Subject to these Terms (and any other written agreement you enter into with us) we grant you a non-exclusive, worldwide, non-transferable licence to use the App in accordance with these Terms.

6.2 You must not add any content to the App:
(a) unless you hold all necessary rights, licences, permissions and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the App, into disrepute;
(e) that infringes the intellectual property or other rights of any person; or
(f) unless the content is expressly required for the proper use of the App.

6.3 The App may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor, warrant or approve any such user generated content or any content available on any linked website. Further, you acknowledge that you should make your own enquiries of any third parties in respect of that information.

7. Private use only

Information contained in the App or downloaded from the App is for private use only and may not be sold, redistributed, published or used for any other purpose. You must not use the App for any purpose that is illegal or prohibited by these Terms. You may not use data gathering and extraction tools on the App for reproducing information contained in the App on your own website or in any other publication, without Heelix's prior written consent. You agree not to use the App for the purpose of reproducing or reverse engineering its technology or processes in any way, now or at any point in the future.

8. User acknowledgment

8.1 You acknowledge and agree that:
(a) we do not endorse any of the content posted on the App by users;
(b) we retain complete editorial control over the App and may alter, amend or cease the operation of the App at any time in our sole discretion;
(c) Heelix may at any time assume control of an Employee User account to assist with any technical issues;
(d) the App may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(e) we reserve the right to modify, suspend or discontinue any part of the App with or without notice at any time and without any liability to you;
(f) you are completely responsible for maintaining the security of your login details and passwords and in no circumstances are we to be held responsible for any unauthorised access to your account;
(g) whilst we take great care in securing the transmission of information over the Internet, we cannot ensure the security of any information you transmit to us (or anyone else) through the App and therefore you do so at your own risk; and
(h) you agree to the terms of the App Privacy Policy issued and updated by us from time to time. If we make a material change to the Privacy Policy, we will provide you with notice to the changes either by emailing the email address associated with your account or by posting a notice in the App.
(i) you grant us permission to use the Heelix Account Owner logo on the Heelix website and for promotional and marketing materials. Please advise your account manager in writing if you do not wish us to use the logo for these purposes. We will otherwise not use or display Heelix Account Owner name, logo or any other attribution or marketing device, without your prior written consent.

9. Content

9.1 Any content posted on the App by users is owned by Heelix and may be used by us in an aggregated (de-identified) form for benchmarking, industry reporting and other related matters, including for promotional purposes (or any other purpose permissible by these Terms).

9.2 A user may delete content posted by them on the App provided that the authority to do so has not been revoked by the Heelix Account Owner.

9.3 In the event that a complaint is lodged in relation to any content posted on the App, we reserve the right to remove, edit, limit distribution of or disable access to any such content.

10. Intellectual property rights

10.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the App.

10.2 By posting or adding any content onto the App, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content to understand how users are working with the App for the purpose of improving software and improving the overall value being delivered to all users. We will provide, upon request, a copy of your data should you choose to discontinue the service.

10.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

10.4 The licence in paragraph (10.2) will survive any termination of these Terms.

10.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraph (10.2).

11. Warranties

11.1 We make no warranties whatsoever, whether express or implied, regarding your use of the App.

11.2 You understand that use of the App is at your own risk and that the use of the Site is provided to you on an ‘as is’ basis.

11.3 We do not provide any warranties or guarantees regarding the accuracy or timeliness of any content on the App and/or the services we provide to you.

11.4 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms and to post any material posted by you on the Site;
(b) you have complied (and will continue to comply) with clause 6.2 of these Terms; and
(c) information you provide to us is true and correct and not in any way false or misleading.

12. Liability and Indemnity

12.1 To the full extent permitted by law, we exclude all liability for (and you indemnify and hold us harmless against any Claims arising from):
(a) any breach of these Terms by any user of the App;
(b) any loss of data, interruption of business or any consequential or incidental loss or damage whatsoever and howsoever arising;
(c) any advice provided by a User through the App;
(d) any comments, opinions, ratings, and/or nominations, posted on the App;
(e) any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the use of the App; and
(f) any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation of the App.

12.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

12.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.

12.4 You expressly agree to indemnify, hold harmless and keep us indemnified from and against any Claim by you, a third party and/or any other user of the App, which results from any breach of these Terms by you.

12.5 Subject to the limitations of liability set in these Terms, you agree that our total liability for any losses, damages and/or Claims (including but not limited to) liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the App subscription fees.

13. Termination

13.1 These Terms terminate automatically if, for any reason, we cease to operate the App.

13.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

14. Automatic Renewal of Heelix Account Subscription

14.1 A subscription to the App includes an automatic renewal service which will automatically renew the Heelix Account Owner’s subscription to the App by debiting the credit/debit card, 28 days prior to the expiry of the Subscription Renewal Date.

14.2 In order to cancel the automatic renewal of your subscription, the Heelix Account Owner must provide us with written notice of your intention to cancel at least thirty (30) days prior to the Subscription Renewal Date.

15. Cancellation of your subscription

15.1 The Heelix Account Owner may cancel its subscription to the App by providing us with the notice required by clause 13.2 of these Terms.

15.2 Under no circumstances will the Heelix Account Owner be entitled to a refund of subscription fees upon cancellation unless otherwise agreed (in writing) by Heelix.

16. Changes to these Terms

16.1 We reserve the right to change these Terms (and any other terms listed on the App) in our absolute discretion. Such changes shall be effective immediately upon the new terms being posted on the App. Further use of the App will be subject to the terms as revised from time to time. If you do not agree with these Terms and/or the App terms as revised, please cease using the App.

16.2 If you intend to continue to use the App, it is incumbent upon you to review these Terms every so often.

17. Disputes

17.1 If you have a dispute about these Terms, our service, content posted by a user on the App or any other aspect of the App, please contact us immediately at hello@heelix.com to resolve the issue.

18. General

18.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

18.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

18.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

18.4 These Terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia. Alternatively, at our sole option, these Terms may be enforced in:
(a) the jurisdiction of the Courts of the principal residence or domicile of the Heelix Account Owner; or
(b) the jurisdiction of the Courts of any country in which any asset (including a bank account) of the Heelix Account Owner is or might be seized, detained or frozen (whether in execution of a claim or as security for a subsequent claim).