Terms and Conditions
Last Updated: [1/8/2024]
These terms and conditions (“Terms”) govern each user’s (“you”, “your”) use of the website at www.fingertip.com, our platform, related apps, software features and associated services (which, unless the context requires otherwise shall be collectively referred to as the “Platform”) and the use of our services (“Services”) provided by Hidetech Pty LTD ACN 652 602 456 trading as Fingertip Global (“we”, “us”, “our”).
Acceptance of Terms
By accessing or using the Platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Acceptable Use Policy (AUP) [https://fingertip.com/aup] and Privacy Policy [https://fingertip.com/privacy], both of which are incorporated by reference into these Terms. If you do not agree with any provision of these Terms or those policies, you should not use the Platform.
Eligibility
To access and use the Platform and Services, you must create an account and be at least 18 years of age. By using the Platform and Services, you represent and warrant that you meet this eligibility requirement.
Modifications to the Service
To the extent permissible at law, we reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. To the extent permissible at law, we shall not be liable to you or to any third-party for any modification, price change with prospective effect, suspension, or discontinuance of the Services.
General Conditions
Except as required by law, we reserve the right to refuse service to anyone for any reason at any time. You understand that information and data you provide (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Our Services
We build interactive micro websites (“Microsites”) for our customers. These Microsites include information to engage your audience and link your social media accounts, such as LinkedIn, Instagram, and Facebook.
When using the Platform and our Services, you may be required to submit information and content (“Your Content”) including personal information and information about your professional/ business activities and that of any business you work for. By submitting Your Content, you warrant that you have the right to share this information and that it is and will remain accurate and complete and that we have the right to use that information for the purpose for which you provide it.
We grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform to create, display, use, play, and upload Your Content in accordance with these Terms.
Payment Terms
Plans
From time to time we may make available free subscriptions, free versions or free trials of the Platform, for which no fee is payable. We reserve the right to cease offering such free plans and subscriptions at any time.
Basic Plan
Cost: Free to use.
Features: Access to essential tools and functionalities to create and maintain a Fingertip page. Full list of features can be referenced on fingertip.com/pricing.
Usage: Users can create a mini website, digital business card, and bio link with our easy drag & drop widgets. This plan is designed to help users establish a basic online presence without any costs.
Pro Plan
Cost: $20/month after a 14-day free trial.
Features: Enhanced tools and functionalities designed to help sole traders run their businesses effectively and efficiently. This includes Calendar Sync, advanced customisation options, analytics, invoicing, payments, and blogs features. Full list of features can be referenced on fingertip.com/pricing.
Free Trial: New users can experience the Pro Plan features free of charge for 14 days. After the trial period, the plan automatically transitions to a paid subscription unless cancelled.
Free Forever / "Essentials" Plan (limited time launch offer – valid until July 31, 2024)
Cost: Free to use.
Features: Access to all features launched from May 1, 2024 to July 31, 2024 excluding Calendar Sync.
Billing Cycle
Other than in circumstances where you are given a free trial or other fee-free subscription, you agree to pay the appropriate subscription fee applicable to your subscription, which is billed monthly in advance. The billing cycle starts on the date of subscription and continues the same date of each subsequent month.
Monthly Plan: Pro Plan subscriptions will be billed monthly at $20.
Yearly Plan: Pro Plan subscriptions billed annually at $192, providing a 20% discount.
Automatic Renewal
The premium service subscription is set to automatically renew at the end of each billing cycle unless you choose to cancel your subscription.
Plan Transition
Users on the Basic Plan can upgrade to the Pro Plan at any time. The upgrade will activate immediately, and the 14-day free trial will begin. Downgrading from the Pro Plan to the Basic Plan can be done at any time, and the downgrade will take effect at the end of the current billing cycle.
Cancellation
You may cancel your service subscription at any time without incurring any additional fees. To cancel the subscription, you must go through your account settings.
Refunds
Except as required by law, subscription fees are non-refundable. Where you cancel your subscription, you will continue to have access to the features for which you have subscribed until the end of the then current billing cycle.
Fee Changes
We reserve the right to modify the subscription fees from time to time. In the event of a fee change, you will receive prior notice, and any changes will only apply to future billing cycles. You will have the right to cancel your subscription if you do not agree to any fee changes. Additionally, we reserve the right to change or add more features to any of the plans at our discretion.
Payment Methods
Pro Plan subscriptions will be billed monthly at $20 or annually at $192. The subscription will renew automatically unless cancelled before the end of the current billing period.
We accept the following payment methods:
Visa, Mastercard, PayPal, Apple Pay, Google PayCurrency
All payments are in Australian Dollars (AUD) and include Goods and Services Tax (GST).
Currency Conversion
If payment is made in a currency other than AUD, the payment amount may be subject to currency conversion fees and fluctuations based on the payment processor's exchange rates.
Payment Processing
We utilise the services of Stripe and PayPal, our trusted third-party payment processors’, to securely handle credit card transactions on the Platform. Stripe or PayPal is responsible for collecting, processing, and storing your credit card information. As third-parties, Stripe and PayPal have their own terms of service and privacy policy that govern the handling and storage of your payment information. We encourage you to review Stripe or PayPal’s privacy policy and terms of service to understand how they handle your payment information.
Failed Payments
If your payment method fails or is declined, we will attempt to notify you and request an alternative payment method. Failure to provide a valid payment method may result in the suspension or cancellation of the premium service subscription.
Username
You are responsible for choosing an appropriate username that does not infringe on the rights of or impersonate others.
You may not use the name of another person (e.g., a celebrity), brand, or company as your username. Offensive, vulgar, obscene, or misleading usernames are not allowed.
Scope of Service
The microsite services will be accessible to you 24 hours a day, 7 days a week, with the exception of scheduled maintenance windows and force majeure events.
Uptime Commitment
We will strive to maintain a minimum uptime of 99.9% for your Microsite, calculated monthly. Uptime is measured as the total time the microsite platform is accessible to you, minus any scheduled maintenance periods or unforeseen outages.Maintenance and Downtime
We will schedule routine maintenance windows during off-peak hours to minimise disruption to you. Prior notice of scheduled maintenance shall be provided to you through appropriate communication channels.Downtime may occur during scheduled maintenance windows or in the event of unforeseen technical issues, server maintenance, or circumstances beyond our control.
We will make reasonable efforts to restore services promptly in case of downtime or service interruptions.
Support and Response Times
We will provide technical support to you through the designated support channels during regular business hours.We commit to acknowledging support requests within 24 hours and to provide a preliminary response or resolution within 7 business days, based on the severity level of the reported issue.
Representations and Warranties
You represent and warrant that:
You are responsible and liable for all Your Content posted on the Platform.
Neither Your Content nor the posting, uploading, publication, submission or transmission of Your Content or our use of Your Content on, through or by means of the Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Your Content must not impersonate any person in any way.
Your use of the Platform and Your Content you upload, publish, or share through it, will comply with all applicable laws, regulations, and industry standards, including those relating to privacy, data protection, copyright, trade marks, and any other intellectual property rights.
You have the legal authority and necessary permissions to use the Platform and to create, upload, and share Your Content on it including on your Microsite. If you are acting on behalf of a business or organisation, you have the authority to bind that entity to the Terms.
You own or have obtained all necessary rights, licences, consents, and permissions to
Your Content.
You will not engage in any prohibited activities or conduct as outlined in the AUP.
You will handle any personal information and data you collect through the Platform in compliance with applicable data protection laws and regulations.
You will obtain any necessary consents and provide appropriate notices to individuals whose data you process.
Acceptable Use Policy
Our Acceptable Use Policy (AUP) [https://fingertip.com/aup] sets out our requirements for acceptable behaviour and content usage within our community and is incorporated into these Terms. The AUP covers a range of prohibited activities, including but not limited to spam, fraud, harassment, hate speech, electoral fraud, domain squatting, selling illegal goods and services, extremist/terrorist content, child harm, self-harm, shocking or violent content, copyright or trade mark infringement, and misinformation. Please take the time to review the full AUP.
Intellectual Property
All content available on or through the Platform, including digital images, descriptions, text, logos, designs, graphics, and any other materials (but excluding Your Content) (collectively referred to as "Our Content"), is protected by intellectual property laws and is our exclusive intellectual property.
By accessing and using the Platform, you are granted, during the term of your agreement with us, a limited, non-exclusive, and non-transferable licence to view Our Content solely for personal, non-commercial purposes related to your interaction with the Platform. This licence does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works from Our Content without our express written consent. You must not make unauthorised copies, reproduce, distribute, license, sell, resell, modify, translate, disassemble, decompile, decrypt, reverse engineer, create any derivate works from or attempt to derive the source code of the Platform or any part of it.
The trade marks, logos, and trade names displayed on this Site are our registered or unregistered trade marks. You are prohibited from using these trade marks or any deceptively similar marks without obtaining our prior written permission.
You agree not to engage in any automated data extraction, screen scraping, data mining, or similar activities through use of the Platform without our prior written consent. This includes, but is not limited to, the use of any software, tools, scripts, or bots to extract data from the Platform. Unauthorised scraping of the Platform may result in legal action, including, without limitation, for breach of contract. You must not obscure, remove or alter any proprietary or trade mark notices on the Platform.
You retain ownership of Your Content including such content that you upload to your microsite. However, by using our services, you grant us a licence to use, reproduce, display, and share Your Content for the purpose of providing our services.
Data Security and Privacy
We employ reasonable security measures to protect customer data from unauthorised access, disclosure, or loss. For more information on how we handle your data, please refer to our Privacy Policy.
Backup and Data Retention
We perform regular data backups to safeguard your customer data hosted on the Platform (“Customer Data”).
In the event of data loss or corruption, we will make reasonable efforts to restore Customer Data from the most recent backup available.
We will retain Customer Data for the duration necessary to provide the microsite Services or as required by applicable laws and regulations.
Upon termination of t your Microsite account or at your request, we will securely delete or return your Customer Data.
You may request the deletion of specific data or your entire microsite account. However, we may retain certain data for legal and legitimate business purposes, such as compliance with accounting and tax obligations.
You are responsible for backing up your own data outside the microsite platform, especially if you require additional data redundancy or have specific data retention requirements.
We reserve the right to modify the backup frequency and data retention periods based on evolving business needs and industry best practices.
We will endeavour to inform you of any significant changes to the backup and data retention practices through appropriate communication channels.
Term and Termination
Term
The agreement between us and you shall commence on the date of sign-up and remain in effect, unless terminated in accordance with these Terms.Termination by Customer
You have the right to terminate your Microsite account and the Services p at any time without cause. To terminate the account, follow the account closure process available on the Platform or contact customer support.Termination by us
We reserve the right to terminate or suspend your Microsite account and access to the Services provided, for breach of any of these Terms where such breach is not remedied within 7 days of us notifying you to do so, or immediately if the breach is of a nature such that it cannot be remedied, or for any suspected fraudulent activity.Effect of Termination
Upon termination of your account and/or your agreement with us, t you will no longer have access to the Platform, your Microsite and its associated features. Any data, content, or information uploaded by you on the Microsite or Platform may be permanently deleted and cannot be recovered.Outstanding Payments
Termination of your Microsite account or this agreement does not relieve you of any outstanding payment obligations accrued prior to the termination date. All subscription fees and charges incurred up to the termination date must be settled in full.Refunds
If you terminate your agreement with us (except in circumstances where we are held to be in breach of these Terms or as otherwise required by law), no refunds will be issued for any subscription fees or charges previously paid.Survival
The termination of your Microsite account or your agreement with us and access to the Microsite or Platform shall not affect the provisions of these Terms that are intended to survive termination, including but not limited to those covering data security, confidentiality, and intellectual property.Transition Period
In the event of termination by us, reasonable efforts will be made to notify you in advance to provide sufficient time for you to retrieve your data and migrate to an alternative platform if desired.No Liability
To the extent permissible at law, we shall not be liable to you or any third party for any damages, losses, or liabilities arising from the termination or suspension of your microsite account, irrespective of the reason for termination.The agreement between Fingertip and the customer shall commence on the date of sign-up and remain in effect for an indefinite period, unless terminated as per the Sections below.
Indemnification
To the extent permissible at law, you agree to indemnify and hold harmless us, our affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
Your use of the Microsite, the Platform and Services we provide.
Any content or data you upload, publish, or share on the Microsite or Platform.
Any breach of the Terms, including the Acceptable Use Policy.
Any infringement of our or any third party’s intellectual property rights, including copyright, trade marks, or patents, caused by Your Content or your use of the Microsite or Platform.
Any breach of privacy or confidentiality obligations, including the misuse or unauthorised disclosure of personal information.
Any claim or action brought by a third party arising from your interactions with other microsite users or third-party websites linked from your Microsite.
Any claim or action arising from your failure to comply with applicable laws, regulations, or industry standards while using the Microsite or Platform.
Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. To the extent permissible at law, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any
endorsement. To the extent permissible at law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and any additional specific terms and conditions.
Third-Party Links
Certain content, products, and services available via the Platform may include materials from third parties. Third-party links on the Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any loss or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Accuracy, Completeness and Timeliness of Information
To the extent permissible at law, we are not responsible if information made available on the Platform is not accurate, complete, or current. The information and material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. To the extent permissible at law, any reliance on the material on or made available through the Platform is at your own risk.
Errors, Inaccuracies and Omissions
Occasionally there may be information on the Platform that contains inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. To the extent permissible at law, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related website, should be taken to indicate that all information in the Platform or on any related website has been modified or updated.
Discontinuance
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using the Platform, at any time and at our sole discretion. To the extent permissible at law, we are not liable for any loss or damage you may suffer arising from or in connection with any such discontinuance or exclusion.
Disclaimers
We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Platform may be unavailable or we may cease operating temporarily or permanently the Platform at any time, without notice to you. You expressly agree that, to the extent permissible at law, your use of, or inability to use, the Platform is at your sole risk. The Platform and Services delivered to you are (except as expressly stated by us or as otherwise required by law) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
Limitation of Liability
To the extent permissible at law, and without limiting any terms that cannot be excluded at law including under the Australian Consumer Law (in Australia) or any other law binding us (outside Australia) , we provide our Platform and Services to you on an "as is" and "as available" basis, without any warranties or representations, express or implied. To the extent permissible under any applicable law, your use of the Microsite, Platform and Services is at your own risk. To the extent permissible under any applicable law, we and our affiliates, directors, officers, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, data, goodwill, use, or other intangible losses, even if advised of the possibility of such damages. To the fullest extent permitted by any applicable law, our total liability to you for any claims, liabilities, or losses arising out of or related to your use of the Platform and Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you, if any, to us. Where the Australian Consumer Law, or any other law by which we are bound, prescribes another minimum remedy, we will provide that minimum remedy. You acknowledge and agree that we do not have control over the content uploaded, published, or shared on the e Platform by users (including through any microsite), and we disclaim any liability for such content. We do not guarantee the accuracy, completeness, legality, or reliability of any content on the Platform or any microsite.
Severability
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.
No Waiver
A failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Interpretation
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.Entire Agreement
These Terms (which incorporate the AUP and our privacy policy) constitute the entire agreement and understanding between you and us and govern your use of our Platform and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Governing Law
These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Contact
Any questions relating to these Terms, or our Services should be directed to [email protected].
