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INTUIT TERMS OF SERVICE FOR
TSHEETS BY QUICKBOOKS SERVICES IN AUSTRALIA

Thank you for selecting the Services offered by Intuit Inc. and/or its subsidiaries and affiliates (referred to as “Intuit”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Intuit Australia Pty Limited. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If we provide a version of this agreement in a language other than English, such other version shall be for reference only and the English language version will form the binding Agreement. If you do not agree to this Agreement, then you may not use the Services.

Section A

GENERAL TERMS AND CONDITIONS FOR THE TSHEETS BY QUICKBOOKS SERVICES

1. AGREEMENT

This Agreement describes the terms governing your use of the Services. This Agreement includes by reference:

  • Intuit Privacy Statement for TSheets by QuickBooks; and
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

  • You can form a binding contract with Intuit;
  • You are not a person who is prohibited from receiving the Services under the laws of Australia; and
  • You will comply with this Agreement and all applicable local, state and territory, national, and international laws, rules, and regulations, including applicable trade regulations.

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
  • Decompile, disassemble, or reverse engineer the Services.
  • Make the Services available on any file-sharing or application hosting service.

3. PAYMENTS AND TAXES

For Services offered on a payment or subscription basis, the following terms apply, unless Intuit or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  1. Payments will be billed to you in Australian dollars or other currencies which may be made available (plus any and all applicable taxes, including without limitation GST, and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  2. You must pay with one of the following:
    1. A valid credit card acceptable to Intuit;
    2. A valid debit card acceptable to Intuit;
    3. Sufficient funds in a cheque or savings account to cover an electronic debit of the payment due; or
    4. By another payment option Intuit provides to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend and/or terminate your use of the Services. Where we suspend your account, we will cease the suspension once you provide us with accurate, current and complete payment and registration information, however we may still exercise our right of termination at any time during such suspension if you have not (at that time) done so.  Before we exercise our right of termination, we will endeavor to inform you (using the registration information we hold) and give you 7 days to correct the failure.  Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination.
  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. Intuit will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is terminated under this Agreement.
  6. Additional termination or renewal terms may be provided to you on the website for the Services subject to Section 10 of this Agreement.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device with Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
  3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. DATA PROCESSING AND PRIVACY

5.1 If you use the Services: we will be the Controller of Account Data, and you will be the Controller of the Personal Data and Customer Data that we Process on your behalf and we will process that Personal Information as a Processor in accordance with our Data Processing Agreement available here: [link]. You also agree to Intuit collecting, using and disclosing your personal information (as that term is defined in the Privacy Act 1988 (Cth) in accordance with its Privacy Statement. 

5.2 The terms “Account Data,” “Controller,” “Customer Data,” “Processor,” “Data Subject,” “Personal data” (also referred to as Personal Information in the Agreement) and “Processing” (and “Process”) referenced herein shall have the meanings given in the Data Processing Agreement [link].

6. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

  1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content that you submit through the Services.
  2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state or territory, federal or foreign law;
    2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    3. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
    4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
    5. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

6.2 Restricted Use of the Services.

  1. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may suspend and/or terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above (a “Breach”).  Upon suspension or termination, you must immediately stop using the Services.  Where we suspend your account, we will cease the suspension once you remedy the Breach and satisfy us (in our reasonable discretion) that the Breach will not recur.  If the Breach is capable of remedy, before we exercise our right of termination we will inform you of the Breach and give you 7 days to correct the failure and satisfy us (in our reasonable discretion) that the Breach will not recur.  Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination

6.3 Community Forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Intuit does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.

6.4 Intuit May Freely Use Feedback You Provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.

6.5 Intuit May Monitor Content. Intuit may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 Intuit Does Not Give Professional Advice. Unless specifically included with the Services, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 Intuit May Tell You About Other Intuit Services. You may be offered other services, products, or promotions by Intuit (other “Intuit Services”). You may opt out of receiving any such offers at any time by following the instructions set out in the promotion or by managing your communication preferences here: [link]. Additional terms and conditions and fees may apply. With some Intuit Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

7.3 Communications. Intuit may be required by law to send you communications about the Services or third party products. You agree that Intuit may send these communications to you via email or by posting them on our websites.

7.4 You Will Manage Your Passwords and Accept Updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICES OR THIS AGREEMENT, NOT CONTAINED IN THIS AGREEMENT INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. 

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

8.3 NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION, IMPLIED OR IMPOSED BY ANY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THIS MAY INCLUDE THE AUSTRALIAN CONSUMER LAW (“ACL”) WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES.

8.4 IF ANY GUARANTEE, WARRANTY, TERM OR CONDITION IS IMPLIED OR IMPOSED IN RELATION TO THIS AGREEMENT UNDER THE ACL OR ANY OTHER APPLICABLE LEGISLATION AND CANNOT BE EXCLUDED (A “NON-EXCLUDABLE PROVISION”), AND INTUIT IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN THE LIABILITY OF INTUIT FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT INTUIT’S OPTION:

  1. IN THE CASE OF GOODS, 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 REPAIRED; OR
  2. IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

9. LIMITATION OF LIABILITY AND INDEMNITY

SUBJECT TO INTUIT’S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), IN EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO INTUIT’S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO: (1) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, OR ELECTRONIC COMMUNICATIONS; (2) CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES OR SPYWARE; (3) LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT; OR (4) USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), IN EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS, EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and costs, arising out of a claim by a third party as a result of your breach of this Agreement (collectively referred to as “Claims”). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims. 

10. CHANGES

We reserve the right to modify this Agreement, and to change or discontinue the Services, in whole or in part, in our sole discretion, at any time (“a Modification”). Where Intuit believe that a Modification is not materially detrimental to you, the Modification will be effective when posted through the Services or on our website for the Services or when we notify you by other means. Where Intuit believe that a Modification may be materially detrimental to you, Intuit will provide you with at least 30 days notice of such Modification. It is important that you review this Agreement whenever we Modify it because your continued use of the Services indicates your agreement to the Modification. Where a Modification is materially detrimental to you, you may no later than 30 days after the Modification comes into effect terminate this Agreement by giving notice in writing to Intuit, in which case the Agreement will terminate 30 days after your termination notice is received and Intuit will refund you any fees paid in advance for the period beyond the date of termination.

11. TERMINATION

Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement and/or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Intuit policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Intuit’s interests or those of another user of the Services (a “Breach”). Where we suspend your account, we will cease the suspension once you remedy the Breach and satisfy us (in our reasonable discretion) that the Breach will not recur.  If the Breach is capable of remedy, before we exercise our right of termination we will inform you of the Breach and give you 7 days to correct the failure and satisfy us (in our reasonable discretion) that the Breach will not recur.  Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination.

Upon suspension or termination, you must immediately stop using the Services. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination. Intuit may terminate a free account at any time upon 7 days notice. 

Sections 2.2 through 16 will survive and remain in effect even if the Agreement is terminated (whether under this Section 11 or any other Section).

12. EXPORT AND TRADE RESTRICTIONS

You acknowledge that the Services, its related website, online services, and other Intuit Services, including the mobile application, delivered by Intuit are subject to restrictions under applicable export control laws, including but not limited to US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, Australia or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or are subject to any other similar prohibition. You will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.

13. GOVERNING LAW

The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of that state. 

14. DISPUTES

All disputes, controversies or claims in connection with this Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC Rules”) by one arbitrator mutually agreed to by the parties and appointed in accordance with the ICC Rules. The place of arbitration shall be in Sydney, Australia, and all proceedings, including required notices and requests to the parties shall be in conducted in the English language. Each party may select its own counsel, including foreign counsel to participate on its behalf. The parties may engage in reasonable discovery subject to the ICC Rules and any additional discovery requirements mutually agreed to by the parties. The award by the arbitrator shall be final and binding on the parties, and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Each party will be responsible for its own costs of arbitration.

15. FORCE MAJEURE

15.1 Notwithstanding any other provision of this Agreement, neither party will be liable for any failure to perform its obligations under this Agreement (other than an obligation to pay a monetary amount) to the extent that performance is delayed, prevented, restricted or interfered with for any reason outside that party’s control (“Force Majeure Event”).  A Force Majeure Event includes COVID-19 and any actions taken in response to it.

15.2 The party unable to perform its obligations must:

  1. Notify the other party of any delay, restriction or interference referred to in Section 15.1 within a reasonable period of time of becoming aware of it; and
  2. Use all reasonable efforts to minimise the effect of the Force Majeure Event and resume performance in accordance with this Agreement.

16. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Notwithstanding the preceding sentence, nothing in this Agreement limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during this Agreement, where such liability cannot lawfully be excluded. Any license of Intuit software or purchase of Intuit services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Intuit, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that part will be removed without affecting the remainder of the Agreement. The remaining part will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Unless expressly provided otherwise in this Agreement, a party may not assign or transfer this Agreement to anyone without written approval of the other party, not to be unreasonably withheld. However, Intuit may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Intuit or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Intuit via an email to: transfer_license@intuit.com.

May 2020


Section B

ADDITIONAL TERMS AND CONDITIONS FOR THE TSHEETS BY QUICKBOOKS SERVICES

These Additional Terms and Conditions for the TSheets By QuickBooks Services shall apply to you in addition to, and shall prevail over any conflict or inconsistency with, the Section A Terms and Conditions for the TSheets by QuickBooks Services above. Capitalized terms not otherwise defined below have the meanings provided in the Section A terms above.

1. THE SERVICE

TSheets by QuickBooks is a mobile app or Internet-based service (the “Service”) which will permit the processing, retrieval, and transmission of transaction data submitted by you pursuant to the terms of this Agreement.

2. SERVICE USE RESTRICTIONS.

As used herein, “Software” refers to any software incorporated into the Service.

  1. You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by Intuit.
  2. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store “critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person. If you are registering for the Service on behalf of an entity or organization, (1) you confirm such entity or organization is duly authorized to do business in the country or countries where it operates, (2) you are an authorized representative of such entity or organization, and (3) you agree that the employees, officers, representatives and other agents of such entity or organization accessing the Service are duly authorized to access the Service and to legally bind such entity or organization to these terms.

3. TRIAL VERSIONS AND BETA FEATURES.

  1. If you registered for a trial use of the Services (“Trial Period”), you must decide to purchase a Services subscription within the Trial Period in order to retain any Content that you have entered through the Services, created within the Services data file, posted or uploaded during the Trial Period. If you do not purchase a Services subscription by the end of the Trial Period, your Content may no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the Services subscription, you may not be able to access or retrieve any of the data you added or created with the Services during the trial.
  2. From time to time, Intuit may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Intuit is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

4. YOUR RIGHT TO TERMINATE AND REFUNDS.

You may terminate this Agreement at any time by following the cancellation process available within the Software.  Any such termination will only take effect at the end of the then-current billing period.

The Service is billed in advance on a monthly basis. Where you terminate this Agreement in accordance with its terms, you will be entitled to a refund of any fees paid before the date on which such termination is effective for periods after the date of termination. Unless otherwise provided by Intuit, there will be no other refunds or credits for suspensions or terminations, partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.

5. PERSONAL INFORMATION.

5.1 Personal Information. You represent and warrant to us that you have provided appropriate notice and obtained all consents and rights necessary for us to process the Personal Information collected in connection with the Services and this Agreement in accordance with applicable law and the Intuit Privacy Statement available at [link]. You acknowledge that Intuit may require you to provide additional notices and obtain additional consents in a form specified by Intuit in order to use particular features of the Services and that if you do not provide those notices or obtain those consents then you will not be permitted to use those features.

5.2 Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Intuit customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Intuit, for information and guidance purposes only, and Intuit and such User are not responsible in any way for your use the Account Content.

5.3 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Intuit may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Intuit sending text messages containing security codes to your telephone number. You agree to receive these texts from Intuit containing security codes as part of the MFA process. In addition, you agree that Intuit may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Intuit may use your telephone number to contact you about special offers or other Intuit or third party products or services unless and until such time that you opt out of such marketing. You may opt out of receiving such offers or information about other Intuit or third party products or services at any time by following the instructions set out in the communication or by managing your communication preferences here [link].

6. APPLE REQUIREMENTS.

If you downloaded any part of the Service from the iTunes or Mac App Store, the following terms also apply to you:

  1. Acknowledgement: You acknowledge that this Agreement is between you and Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible for the Software and the content thereof.
  2. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac products that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support: Intuit and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty: Intuit is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit’s sole responsibility.
  5. Product Claims: Intuit, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Contact Info: Direct any questions, complaints or claims to: Intuit Australia Pty Limited, 1 O’Connell Street, Level 34 Sydney NSW 2000, Australia.
  9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
  10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

7. MISCELLANEOUS TERMS.

  1. You acknowledge that the Service is not a payroll system and you agree to take full responsibility to validate the accuracy of data produced by the Service when used by you for your own payroll or billing purposes.
  2. You accept sole responsibility for ensuring compliance with state, territory and federal labor laws and reporting and hold Intuit harmless and indemnify Intuit from any and all payroll, tax and labor compliance liabilities.
  3. Certain features of the Service, including multiplying hours tracked by a monetary figure supplied by you, are provided for convenience and your reference only and do not and will not reflect the actual calculation of any payment payable by you to any person or entity and can never be relied on as such and are not warranted or guaranteed by Intuit to be a payroll calculation or any other payment calculation.
  4. For any additional product and services information, please visit: [Link to TSheets website]
  5. All Intuit TSheets by QuickBooks Services are COTS or “Commercial-Off-The-Shelf Software” items.
  6. All Intuit TSheets by QuickBooks Services are intended solely for use as defined in this Agreement, and in the applicable Intuit Privacy Statement, incorporated herein by reference, solely as a time record keeping product by small business owners. Any other use of the product will not be in accordance with its intended design. All use of the product requires that any public disclosures, communication, characterizations, references to product name or uses of the product, references to Intuit, collection of data, or releases of information of any kind pertaining to the purchase or license of the product, are expressly prohibited and require prior written consent from Intuit.

May 2020