Terms of Use
Version 1
Welcome to Chippur! Before you can start using Chippur, we do need you to look through and accept these terms.
These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services.
If you still have questions or comments about your rights under these terms, please contact support@chippur.com.
A. Joining and using Chippur
In this section we explain how to subscribe to Chippur and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.
You and Chippur: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Chippur, we, our or us, we’re talking about Chippur Limited.
Our services: Our services consist of all the services we provide now or in the future, including our online and mobile accounting and financial products.
Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
Active or Invited Chippur users: An invited or active user is a person other than the subscriber who has been invited to use our services through a subscription but who’s access has not been explicitly revoked. Invited user must also accept these terms to use our services.
The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an active or invited user – until your access is revoked.
Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. For example:
You control access to a subscription. You decide who’s invited or under what rules users can self invite to use our services you’ve subscribed to and what kind of access the invited or active user has. You can change or stop that access at any time
You’re responsible for resolving any disputes with any invited or active users over access to your subscription
You’re responsible for all your invited or active users’ activity
When we introduce new or revised services: Since we’re always thinking about how to make Chippur the best it can be we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
B. Pricing
Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services, explained in more detail in the pricing plan and in Chippur. If you choose not to continue using our services following a trial, you may request that your subscription be ended by emailing support@chippur.com.
Chippur pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know (find out more about how and when we’ll notify you).
Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
C. Data use and privacy
Use of personal data: When you enter or upload your personal data into our services, we don’t own that data and we will not sell or give away that data to third parties. However, you grant us a license to use, copy, transmit, store, analyse, and back up all personal data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy sets out in detail how we process your own personal data that you enter into Chippur, like your name, email address, and sensitive health data.
Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, you grant us a perpetual license to use it for our own purpose, such as; to allow us to provide, improve, protect our services; to develop new services or product offerings; and for other uses.
Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened.
D. Security
Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, meaning we’re not liable for any consequences of not using those features. We strongly encourage you to use all optional security features.
Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
E. Maintenance
Availability: We strive to maintain the availability of our services, and provide online support during New Zealand business hours. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to perform it outside of New Zealand business hours and notify you in advance but can’t guarantee it.
Access issues: Occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
Data loss: Data loss is an unavoidable risk when using any technology. We’ll keep many backups of data on our systems, but you’re responsible for maintaining copies of your data entered into our services.
No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical (for example, by email, or within our services when you log in).
F. Prohibited Activities
Prohibited Activities: The following is not exhaustive, but gives you an idea of what is prohibited in Chippur::
Undermine the security or integrity of our computing systems or networks.
Use our services in any way that might impair functionality or interfere with other people’s use.
Access any system without permission.
Introduce or upload anything to our services that includes viruses or other malicious code.
Share anything that may be offensive, violates any law, or infringes on the rights of others.
Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
Resell, lease or provide our services in any way not expressly permitted through our services without written approval.
Repackage, resell, or sublicense any leads or data accessed through our services.
Commit fraud or other illegal acts through our services.
Act in a manner that is abusive or disrespectful to a Chippur employee, partner, or other Chippur customer. We will not tolerate any abuse or bullying of Chippur staff in any situation and that includes interaction with our support team.
G. Termination.
Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by contacting support@chippur.com. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
Termination by Chippur: Chippur may choose to terminate your subscription at any time by providing you with one month's written notice in advance. Chippur may also terminate or suspend your subscription or access to all or any data immediately if:
you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
you breach any of these terms and the breach cannot be remedied,
you fail to pay subscription fees, or
you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
No refunds: No refund is due to you if you terminate your subscription or Chippur terminates it in accordance with these terms.
Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data for other use of data purposes, but you can get in touch with us to have your data removed completely if you wish.
H. Liability
You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 55, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
I. Disputes
Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support@chippur.com. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Chippur.
Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.