Terms & Conditions
Welcome to Viability.io!
Please take a moment to carefully read these Terms of Service (“Terms”). By using Viability.io or signing up for an account, you agree to these Terms, constituting a legally binding agreement.
Let’s start with some key definitions to help you navigate this agreement:
Viability.io (“Viability” or the “Service”) is a web-based application and mobile Service accessible via the URLs http://viability.io and production.viability.io, as well as the mobile applications Viability and Viability Time Tracker, available on Android and iOS devices (collectively referred to as the “Website”). Viability is designed to assist your hospitality business in identifying key performance metrics and making informed decisions to enhance business operations through the feedback it provides. It serves as an “operational benchmarking” tool for the hospitality industry.
Viability.io 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”). Our Team comprises employees, independent contractors, and representatives, collectively called “our Team.” You, as a user of the Service or a representative of an entity using the Service, are a “Member” under this agreement (“you”).
To use Viability, you must meet the following criteria:
- Be at least eighteen (18) years old and capable of entering into contracts.
- Complete the registration process.
- Agree to these Terms.
- Provide accurate, complete, and up-to-date contact information.
By using Viability, you affirm that you meet all these requirements and commit not to use the Service in violation of any applicable laws or regulations. Viability reserves the right to refuse Service, close user accounts, and modify eligibility criteria.
This agreement begins when you sign up for Viability and continues as long as you use the Service. You officially accept these Terms by clicking the “sign-up” button and entering your username. If you register for Viability on behalf of a company or another entity, you warrant that you have the authority to accept these Terms on their behalf.
Closing Your Account:
You or Viability may terminate this agreement at any time and for any reason by providing notice to the other party. Viability may suspend its Service to you at any time, with or without cause. If Viability terminates your account without reason, a prorated portion of your monthly prepayment will be refunded. However, there will be no refund or reimbursement in cases where there is a justifiable cause, such as a violation of these Terms. Upon termination, Viability may permanently delete your account and associated data. If you do not log in to your account for 12 or more months, Viability may consider it “inactive” and permanently delete the account and all related data.
We kindly request that you refrain from using Viability to send or communicate offensive content, promote illegal activities, or harass others. This guideline aligns with both legal requirements and common sense principles.
Account and Password:
You are responsible for safeguarding the confidentiality of your account name and password. You are also liable for any accounts you access, whether or not you authorise such access. Please notify us immediately of any unauthorised use of your accounts. Viability does not accept responsibility for losses resulting from stolen or hacked passwords. For security reasons, we may only reset your password and do not have access to your current password.
Viability does not arbitrate disputes over account ownership. You shall not request access to or information about an account that does not belong to you. Account-related disputes should be resolved directly between the parties involved. Ownership of an account is determined based on the content within that account. If multiple individuals or entities are associated with an account, we will rely on the contact information listed for that account.
Monthly and Yearly Plans:
Our monthly and yearly plan charges are posted on our Website and may be subject to occasional changes. If any portion of a month or year is included in the term, payment is due for the entire month or year. Payments are due on the same date, or the nearest date in that month, to the day you initially signed up with us and made your first monthly payment (the “Pay Date”).
As long as you are a Member or have an outstanding balance, you must provide us with valid credit card information and authorise us to charge your credit card for monthly or yearly fees. You are responsible for updating expired credit card information with details for a different valid credit card. By using a credit card, you represent and warrant that you are authorised to use that credit card and that all charges may be billed to it without rejection. If we cannot process your credit card payment, we will attempt to contact you by email and suspend your account until payment can be successfully processed.
Viability will issue a pro-rata refund for prepaid months or years if we cease to provide our Service for reasons not stipulated in these Terms. Refunds will only be provided under any other circumstances if specified in the requirements posted on the Website.
We may modify our fees at any time by publishing a revised pricing structure on our Website and/or emailing you.
Proprietary Rights Owned by Us:
You must respect our proprietary rights concerning the Website and the software used to provide Viability. These proprietary rights encompass patents, trademarks, service marks, and copyrights.
Proprietary Rights Owned by You:
Right to Review Use:
Viability may review, copy, and internally distribute content from your use of Viability and your account to enhance the Service, improve user experiences, and identify Members who violate these Terms or legal regulations.
RULES AND COMPLIANCE
By using Viability, you commit to adhering to the Viability Terms of Service, as amended occasionally, including all relevant policies integrated into your agreement with Viability. We reserve the right to suspend or terminate your account if you violate these Terms. If you observe any violations of these Terms by others, please promptly notify us.
Compliance with Laws:
You warrant that your utilisation of Viability will comply with all applicable laws and regulations. It is your responsibility to determine the suitability of our Services for your use, taking into account any relevant rules such as Data Privacy Laws or other legal requirements. Should you be subject to regulations and still choose to use our Service, we shall not be held liable if our Service does not meet those requirements. By agreeing to these Terms, you also undertake to indemnify and hold us harmless from any losses, including attorney fees, arising from any breaches of these warranties.
Limitation of Liability:
To the maximum extent permitted by law, you acknowledge full responsibility for any losses resulting from your use of the Website and the Service, including any downloads from the Website. Viability and our Team shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if such damages are based on negligence or if we have been advised of the possibility of such damages. Our total liability for all claims related to the Service in any given month will not exceed the amount you paid us for the Service during the preceding month.
To the maximum extent permitted by law, we provide the materials on the Website and the service “as is.” We do not make any warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Given the varied purposes for which Viability is used and the diverse utility it provides to users, we cannot guarantee that it will meet individual needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees, resulting from any claims you make that are not permitted under these Terms due to limitations of liability or other provisions. You further agree to indemnify and hold us harmless from any losses, including attorney fees, arising from third-party claims that you or someone using your password engaged in activities that, if proven true, would violate any of these Terms.
In the event that we initiate legal action against you for a breach of these Terms, and we prevail, we reserve the right to recover reasonable attorney fees, as well as any damages or other remedies we may be awarded.
In some instances, a breach of these Terms could result in damages, but determining the actual damages may be impracticable. In such cases, liquidated damages may be applied as a reasonable pre-estimate of the damages. Failure to pay an amount due within thirty (30) days after receiving a late payment notice will result in liquidated damages amounting to three times the total amount paid to us over the previous 12 months, with a minimum of $350, plus the outstanding amount owed.
If you violate these Terms, we may seek injunctive relief, including requesting a court order to halt your activities or other equitable remedies.
Should we be required to provide information in response to a subpoena related to your account, we may charge you for our associated costs. These fees may include expenses incurred for retrieving records, document preparation, and participation in depositions by our attorneys and employees.
Viability and our Team shall not be responsible for the actions of advertisers, linked websites, or other Members.
Notice to U.S. Government End Users:
The Software and Website and all associated documentation are considered “Commercial Items” as defined in 48 C.F.R. 2.101. They comprise “Commercial Computer Software” and “Commercial Computer Software Documentation.” These are licensed to U.S. Government end users:
- Only as Commercial Items.
- With the same rights as all other end users.
- Following these Terms.
Published and unpublished rights are reserved under the copyright laws of Australia. The manufacturer is Viability Solutions, level 30 91 King William Rd, Adelaide, SA 5000, Australia.
You may not assign any of your rights under this agreement to any other party. Viability retains the discretion to transfer its rights to any individual or entity as it deems fit.
These terms and conditions are governed by and construed in accordance with the laws of South Australia. Any claims arising between the parties related to these terms and conditions shall be heard in South Australia, and you agree to submit to the jurisdiction of the South Australian Courts.
We shall not be held liable for any delays or failures in performing any service aspect due to causes beyond our control. These causes include but are not limited to acts of God, changes in laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic events, exceptionally severe weather conditions, and actions by hackers or third-party internet service providers.
Even in the event of the termination of this agreement, the following sections will remain in effect: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Jurisdiction, Severability, and Entire Agreement.
Should any section of this Agreement prove unenforceable, that section will be removed or modified to the extent necessary, while the remaining Terms will remain valid.
This agreement’s headers and sidebar text are provided solely to enhance readability and understanding. The drafting of these Terms will not affect their performance.
Amendments and Waivers:
Any amendments or changes to these Terms will not take effect until we publish revised Terms on the Website. Specific service features may be subject to “Additional Terms.” These Additional Terms will be considered part of these Terms upon activation of the respective feature. In cases of conflict between these Terms and Additional Terms, the Additional Terms shall prevail. The fact that we do not immediately act upon violating these Terms does not constitute a waiver of our rights under the Terms, and we may choose to take action later.
No Changes in Terms at Request of Member:
Due to the vast number of Members using our Service, we cannot modify these Terms for any individual Member or group. Such changes would present logistical challenges. Therefore, no changes to these Terms will be made without exceptions.
You agree to provide all necessary documents and take any actions required to fulfil your obligations under these Terms.
Notification of Security Breach:
In the event of a security breach that may affect you or individuals on your database lists, we will notify you of the violation and provide details of what occurred. If we determine that you need to forward any or all of this information to individuals on your Lists, you must promptly comply with this request.
Any notices to you will be considered adequate when sent to the last email or physical address you provided or posted on our Website. Notices to us shall be regarded as effective upon delivery to the following address: Attn. Viability Solutions Pty Ltd, (Viability) 44 Waymouth St, Adelaide, SA 5000, Australia, or to any address subsequently posted on the Website.
Thank you for taking the time to familiarise yourself with Viability’s policies.
Last Updated: 13 September 2023