Welcome to the Elvanto website, which is owned and operated by Elvanto Pty Ltd A.C.N.600 371 668 (we, us, our, or Elvanto).
1. This Agreement
1.1. Accepting this Agreement
- By using Elvanto, you agree to comply with and be bound by the terms and conditions of this Agreement, together with any relevant policy applicable to your Account type. These terms govern your access to and use of the Website and the Service.
- If you do not agree to these terms, you have no right to obtain information or otherwise continue using the Website or the Service.
- These terms are binding on any use of the Website and apply from the time you first access the Website.
- It is your obligation to ensure that you have read, understood and agree to the most recent terms available on Website.
- By using the Service you acknowledge that you have read and understood this document and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to this agreement on behalf of any entity for whom you use the Service.
- We may amend this Agreement at any time by posting with 30 (thirty) days notice the new terms and conditions on the Website, unless otherwise stated in this Agreement.
1.2. Contacting us
Please email us at firstname.lastname@example.org if you have any questions relating to these terms and conditions.
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:
Account means a membership account to use the Service.
Agreement means this document and any additional policies available on the Website.
Authorised Users means any user who has been granted permission to manage, access or make decisions concerning a Group Account by the owner of that Group Account.
Data means any material including documents, information or data provided by you to us by way of the Software.
Feature means the functionality options of the Software.
Group Account means the Account type intended for Churches to use the Services. A Group Account can be a Paid Account or a free account.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity (and all moral rights) in, or in relation to, business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Member Account means the membership account intended for Church members.
Non Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Paid Account means paid Account intended for Churches to use the Services.
Privacy Law means:
- the Privacy Act 1988 (Cth); and
- any code registered under the Privacy Act or Australian Privacy Principles.
Posted Content means all information, graphics, HTML, text, software and materials which are uploaded by you to the Software.
Reports means the document created using the Reporting Service.
Reporting Service means the feature of the Software which generates documents using Data that is connected to your Account.
Service means any service provided by Elvanto by way of the Software.
Software means the cloud-based Church management software owned and designed by Elvanto.
Subscription Period has the meaning given to it in the Payment Terms.
Term means the period of time that you hold an active Account.
You means a person or entity using the Services.
Website means the website located at www.elvanto.com.
3. User Account
3.1. Accessing the Services
By registering for an Account you consent to gain access to the Services immediately.
3.2. Account Types
- You acknowledge and agree that to receive the benefit of the Services, you may be required to create an Account with us.
- If you require an Account, you acknowledge that we offer various account types, and it is your responsibility to review and evaluate your individual situation to determine which account type is appropriate for you.
- You acknowledge that a Member Account, may need to be to be associated with a Group Account and if this is required, your Member Account may need to be confirmed by the Group Account prior to your Member Account being associated with a Group Account.
The Term for an Account begins when you sign up to use the Service and continues until:
- you cancel your Account; or
- in the case of Paid Accounts, at the expiry of a Subscription Period;
- in the case of Member Accounts:
- when you cease being a member of the Church associated with the Group Account; or
- when your linked Group Account ceases to use the Service.
3.4. Provision of information by Client
You agree to provide any information reasonably requested by us for the purpose of setting up your Account and operating the Service. You warrant that:
- all of the information that you provide to us is accurate and complete in all respects; and
- you will inform us by updating your Account details whenever any such information changes.
3.5. Declining Your Account
- We reserve the right to reject any new Account in our absolute discretion.
- If we decline a Paid Account after a payment for the Paid Account has been processed, we will refund the payment in full.
3.6. Authorised Users
- Group Accounts may designate Authorised Users.
- You will be responsible for ensuring that any person you designate as an Authorised Users complies with this Agreement.
- In the event that an Authorised User breaches this Agreement, we reserve the right to limit or suspend both the Authorised User Account and, depending on the name of the breach, the Group Account.
3.7. Security Responsibilities
You are solely responsible for:
- keeping any usernames and passwords associated with your Account for the Services secure; and
- the use of your Account, irrespective of who is using it, even if it is used without your permission.
4.1. Posted Content
- In respect of Posted Content, you warrant that you will not upload content:
- in breach of the Intellectual Property Rights of any third party;
- in breach of any law under the Privacy Act 1988 (Cth);
- affected by any computer virus or malicious code;
- connected with "spam" or the process of "spamming";
- which is false, defamatory, misleading or otherwise deceptive in any way;
- which is financial, legal, medical or other professional advice;
- that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation; or
- in breach of any other clause of this Agreement;
- You agree that any comments or opinions that you express will be fair, accurate and genuinely held at the time of communication.
4.2. Elvanto not Responsible for Posted Content
We make no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general.
- You acknowledge that Reports created with the Reporting Service are created using Data uploaded, imported or submitted by parties other than us (for example you or another third party) and as such you acknowledge and agree that your use of the Reporting Service is at your own risk.
- You agree that we are liable for any damage suffered by you, either directly or indirectly, as a result of your usage of the Reporting Service.
4.4. Other Features
- You agree that you will only use the Features as they are designed to be used.
- Use of a Feature is at your risk and you agree that we are not liable for any damage suffered by you, either directly, or indirectly, as a result of your usage of any Feature
- We reserve the right to modify, change, amend, add or remove a Feature at any time without notice to you.
4.5. Right to Suspend
We reserve the right to:
- limit or suspend your access to the Services; and
- remove Data or Posted Content uploaded to the Services by you,
if in our reasonable opinion, you are in breach of any of the obligations or undertakings listed in this clause 4.
If your Account type is a Paid Account, you agree to comply with the terms and conditions of the Payment Policy.
6.1. Services not locally available
You acknowledge and agree that the Software will only be accessible using the Internet (or other connection to our third party servers), and will not be available "locally" from your own servers.
6.2. Parts of the services controlled by third parties
You acknowledge and agree that the Software is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including:
- cloud services for servers; and
- data storage and backup.
6.3. Elvanto can Change Services at Discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the Services at its sole and absolute discretion.
6.4. Unintentional inaccessibility
From time to time, without notice, access to all or part of the Services may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Services as soon as practicable.
6.5. Intentional inaccessibility
We reserve the right to make some or all of the Services inaccessible from time to time as is required for upgrades, maintenance and updates. We will use reasonable endeavours to provide you with advance notice of any inaccessible period but you accept that this may not always be possible and we are not liable for any harm or damage you may suffer during an interruption.
- You acknowledge and agree that there may be technical or administrative errors in the information on the Software, including but not limited to errors with respect to product description, pricing and availability.
- We reserve the right to do any of the following, at our absolute discretion, without notice:
- change any price;
- correct any errors in the Software; or
- update the Software;
6.7. Security Responsibilities
We will take reasonable steps to ensure that the Software is secure from unauthorised access consistent with generally accepted industry standards in our industry.
6.8. Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the content of any third party website or any hyperlink contained in a third party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third party website or the products or services offered at a third party website. Your visit to a third party website is entirely at your own risk.
6.9. Delivery of support and maintenance
We will provide you with support and maintenance in respect of the Services via email, online chat and telephone only, as determined at our sole and absolute discretion.
7. Lawful use of service
7.1. Lawful Use
- not to upload, store or access any data on the Services if such access or storage would:
- breach any Intellectual Property Right;
- breach any Privacy Law; or
- breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
7.2. Prohibited conduct
You must not:
- provide false or misleading information with the purpose of altering your account plan and pricing;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website;
- intentionally disable or circumvent any protection or disabling mechanism related to the Software;
- install or store any software applications, code or scripts on or through the Software;
- use the Services in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another user's enjoyment of the Service;
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
7.3. Elvanto's right to suspend
We reserve the right to:
- limit or suspend your access to the Services; and
- remove data or content uploaded to the Services you,
if in our reasonable opinion, you are in breach of any of the obligations or undertakings in this Agreement.
8.2. No Privacy Warranty
If your Account type is a Group Account, we make no warranty as to whether your use of the Services will comply with your obligations under Privacy Law. It is your responsibility to determine whether the Services are appropriate for your circumstances.
9.1. Data storage with third party
We may subcontract the storage of any Data to a third party (or multiple third parties) without notification to or consent from you.
- We make no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any backups in connection with the Services.
- You acknowledge that we have recommended that you take reasonable steps to back up your Data separately from the Services.
10. Intellectual Property
10.1. Ownership of Data
You will at all times during the course of the Agreement be the exclusive owner of the Intellectual Property Rights in the Data.
10.2. License over data
You grant us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add to, process, analyse and use and commercialise, in any way now known or in the future discovered (subject to the Privacy Act), any Data.
10.3. Provider intellectual property
We own the Intellectual Property Rights in the Software, and in any circumstances where we do not automatically have such ownership, you will transfer it to us and will do all things necessary to ensure that full legal ownership of the Intellectual Property Rights in the Software passes to us.
10.4. Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom it has effective control to do so:
- copy or reproduce, or create an adaptation or translation of, all or part of the Software in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Services in accordance with the Agreement;
- incorporate all or part of the Software in any other webpage, site, application or other digital or non-digital format;
- (subject to other rights explicitly granted under the Agreement) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Services on any medium; or
- directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Services or any documentation associated with them.
We make no warranties or guarantees:
- that the Services are of acceptable quality and fitness for a particular purpose;
- or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
12. Limitation of Liability
12.1. Implied Conditions
We exclude all implied guarantees, conditions and warranties from this Agreement and except any Non Excludable Condition.
12.2. Limitation of Liability
We exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including in connection with:
- the Service being inaccessible for any reason;
- incorrect or corrupt data, lost data, or any inputs or outputs of the Software;
- computer virus, trojan and other malware in connection with the Software;
- security vulnerabilities in the Software or any breach of security that results in unauthorised access to, or corruption of data;
- your participation in any experiments, beta software or pilots;
- any unauthorised activity in relation to the Service;
- your breach of this agreement; or
- any act or omission by you, your personnel or any related body corporate under or in relation to this agreement.
12.3. Non Excludable Condition
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
- in the case of goods:
- the re-supply of the goods or payment of the cost of the re-supply of the goods; or
- the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
- in the case of services:
- the resupply of the services; or
- the payment of the cost of having the services resupplied.
- On cancellation of your Account:
- this Agreement will come to an end (that is, it terminates);
- your access to the Services will stop.
- We may for up to 12 (twelve) months after you cancel your Account, but are not obliged to, keep any Data from your Account and it is your responsibility to obtain your Data prior to terminating the Agreement.
- For the avoidance of doubt, the obligations pursuant to clause 8, Privacy, will survive while we hold any Data in connection with you Account. General and interpretation
- A notice under this Agreement must be given by email and is deemed to be received when the email is capable of being retrieved by the addressee at an email address designated by the addressee.
- Our designated email address is email@example.com, or any other designated email address notified to you from time to time.
- Your designated email address listed in your Account.
We may assign, encumber, declare a trust over or otherwise create an interest in its rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.
13.4. Liability for expenses
Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this document.
13.5. Liability for expenses
Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this document.
13.6. Giving effect to this document
Each party must do anything (including execute any document), and must ensure that it's employees and agents do anything (including execute any document), that the other party may reasonably require to give full effect to this document.
13.7. Waiver of rights
A right may only be waived in writing, signed by the party giving the waiver, and:
- no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;
- a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and
- the exercise of a right does not prevent any further exercise of that right or of any other right.
Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties. Unless expressly stated in this Agreement, no party may act as agent of, or in any way bind, another party to any obligation.
13.9. Multiple Parties
If a party to this Agreement is made up of more than one person, or a term is used in this Agreement to refer to more than one party:
- an obligation of those persons is joint and several;
- a right of those persons is held by each of them severally; and
- any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
13.10. Operation of this document
- This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
- Any right that a person may have under this document is in addition to, and does not replace or limit, any other right that the person may have.
- Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
13.11. Inconsistency with other documents
If this document is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.
Neither party has entered into any contract under this Agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.
This document may be executed in counterparts.
13.14. Governing law
The laws of Queensland, Australia govern this Agreement. The parties submit to the non‑exclusive jurisdiction of courts exercising jurisdiction there.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
- a reference to a party includes that party's permitted assigns, administrators, successors, executors, legal representatives and any novated party;
- any reference to a trustee includes any substituted or additional trustee;
- unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
- "including", "includes" or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
- where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
- headings are for convenience and will not affect interpretation;
- words in the singular will be taken to include the plural and also the opposite;
- a reference to a document will be to that document as updated, varied or amended;
- a document referenced by the Agreement will not take precedence over the referencing document;
- when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
- where a "URL" is mentioned, the non-operation of the "URL" will not render the rights and obligations associated with it invalid;
- any referenced digital resource may be replaced with another digital resource that is a "copy" of the original resource;
- a reference to a party's conduct includes omissions as well as acts;
- if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
- where a party is required to do "anything necessary", this includes executing agreements and other legal instruments.