Terms & Conditions
Thank you for using Viability.io
Please read these Terms carefully. By using Viability.io or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement.
Viability.io (“Viability” or the “Service”) is a web based App service offered through the URL http://viability.io (we’ll refer to it as the “Website”). The Service enables you to identify your hospitality business’s key performance metrics, and make more informed decisions on how to manage your business operations based on the feedback given by the Service. In short, the Service is an “operational benchmarking” tool for the hospitality industry.
Viability is owned and operated by Viability Solutions Pty Ltd (ABN 626 128 98 – ACN 612 898 343), an Australian Private Company (“Viability,” “we,” or “us”). Viability has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use Viability, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Viability, you represent and warrant that you meet all the requirements listed above, and that you won’t use Viability in a way that violates any laws or regulations. Viability may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for Viability and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Viability on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Viability may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
4. Acceptable Use
Please don’t use Viability to send or communicate anything offensive, to promote anything illegal, or to harass anyone. This may be dictated by law, common sense (do unto others), or our experience using Viability.
6. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
7. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
8. Monthly and Yearly Plans
Our charges for monthly and yearly plans are posted on our Website and may be changed from time to time. If any part of a month or year is included in the Term, then payment is due for the full month or year. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”).
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month or year, pro rata if we stop providing our Service to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Viability (proprietary rights include patents, trademarks, service marks, and copyrights).
13. Proprietary Rights Owned by You
15. Right to Review Use
We may view, copy, and internally distribute content in your use of Viability and your account to help us make Viability smarter and create better experiences for subscribers, and find Members who violate these Terms or laws.
RULES AND COMPLIANCE
16. General Rules
You promise to abide by the Viability Terms of Service as amended from time to time, and including all applicable Policies that from part of your Agreement with Viability. If you violate any of these Terms, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately.
17. Compliance with Laws
You represent and warrant that your use of Viability will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like Data Privacy Laws, or other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
It is a condition of these Terms that you agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
18. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
19. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Viability for a variety of reasons, and may find varying degree of utility from the Service, we can’t guarantee that it will meet specific needs.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
21. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
22. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in liquidated damages, which are a reasonable pre-estimate of the damages including; If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $350 plus the amount owed.
23. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
24. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.
26. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms.
Published and Unpublished rights are reserved under the copyright laws of Australia. The manufacturer is Viability Solutions, 100 Pirie Street, Adelaide, SA 5000, Australia.
Notice to U.S. Government End Users
This part will matter to you if you’re affiliated with the U.S. government.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.
29. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Jurisdiction, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
33. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
34. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
35. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
36. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your database lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us: Attn. Viability Solutions Pty Ltd, (Viability) 100 Pirie Street, Adelaide, SA 5000, Australia, or any addresses as we may later post on the Website.
38. Entire Agreement
Thanks for taking the time to learn about Viability’s policies.
As noted in the Terms, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. Please reach us via our contact page with any concerns.
Information We Collect
When you sign up for the Services, you provide us with information such as your name and email address. We may also collect information from your public social media accounts.
When you use the Services, we may send cookies – small text files containing alphanumeric characters – to your computer to identify your browser and help enhance your experience with the Services. You can set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Services may not function properly if the ability to accept cookies is disabled. We may use tiny images known as pixels to track behaviour of users, including statistics on who opens our emails.
Our servers automatically record certain log file information reported from your browser when you access the Services. These server logs may include information such as which pages of the Service you visited, your internet Protocol (“IP”) address, browser type, and other information on how you interact with the Services. These log files are generally deleted after one week.
Viability uses Google Analytics and Optimizely to help us understand use of our Services.
Financial information connected to payments may be collected or stored by a third-party payment processor and is subject to their terms and policies.
How We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service. Viability may use certain information about you internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
By providing Viability your email address (including by “following,” “liking,” linking your account to the Viability service, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out on the Viability unsubscribe links provided in email correspondence. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
Following termination or deactivation of your account, Viability may retain your profile information and all information posted to public areas of the Service.
How We Share Your Information
Personally Identifiable Information:
Any personal information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy or website customization settings. To change your privacy settings on the Service, you may visit your Viability account settings page. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.
Non-Personally Identifiable Information:
We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Viability services.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavour to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What You Can Access
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password
- company name
- email address
- user profile information, including any content you have uploaded to the Services
The information that you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us via our contact page.
Choices Regarding your Personal Information
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us via our contact page.
Last Updated: September 24, 2016