Tommy Associates Pty Ltd (A.C.N 162576758) ("Tommy" or "we" or "us" or "our" or other similar pronouns) offers you ("you" or "your") online applications, including team social media services, employee scheduling, time and attendance, text messaging services through Tommy’s licensed software application ("Licensed Application") for mobile devices and desktop computers available on Tommy’s website at www.mytommy.com (“Site”) or other third party websites. The Site, the Licensed Application and the various Tommy services offered to you may be collectively referred to in these terms as the "Service". You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through our Licensed Application. Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you. This license is a binding legal document between Tommy and you and explains your rights and obligations as a user of the Service ("License"). By using the Service you acknowledge and agree to the terms of this License (“Terms”), the Tommy Privacy Permission, located at www.mytommy.com/privacy.html and the Tommy DMCA Permission, located at www.mytommy.com/dmca.html, all of which are incorporated by herein by reference. You can review the most current version of the Terms of Service at any time at: www.mytommy.com/terms.html.

Ignorance by You of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose to not agree with any of these terms, you may not use the Service.

Tommy reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this License. This License applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf (“Users”). If you do not agree to any amended terms, you must stop using the Site. The Service is only available to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not quality, your user of the Service is expressly prohibited.

The Terms (together with any applicable Subscription Agreement referred to below) constitute the entirety of the Terms and Conditions of use with respect to the Service unless otherwise expressly allowed for in writing by Tommy.

NO ACCESS TO EMERGENCY SERVICES: Tommy is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use Tommy where you are located.

For companies or individuals who have subscribed for a free or premium subscription to the Service, the Tommy Subscription Agreement (Subscription Agreement) also applies to each of them and constitutes a separate agreement between Tommy and each such User. All persons who access and use the Service, however, must comply with these Terms (regardless of whether they must also comply with the Subscription Agreement).

You acknowledge that certain functions or features of the Service require a subscription (which may be a paid subscription or a free subscription) and unless you, or the administrator of a company or business network that you are a member of, have entered into and complied with the obligations of a subscriber under the Subscription Agreement, you will not be able to access or use those functions or features.

Privacy Permission

Please refer to Tommy's Privacy Permission for information on how Tommy collects, uses and discloses your personal information.

Intellectual Property and Copyright

You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. Tommy reserve all rights not expressly granted in these Terms.

Tommy retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks , registered trademarks or service marks contained in or relating to the Service (collectively the “Tommy Intellectual Property”) that are the exclusive property of Tommy and/or its licensors. We do not transfer any rights in or to the Tommy Intellectual Property to You.

By submitting any User Content (defined below) through or using the Service, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection the Service and our (and our successors’ and assigns’) businesses. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

“User Content” means anything you or your related Users post, upload, share, store or otherwise provide through or using the Service (including, without limitation, any and all emails, messages, materials, images, text, and other content).

Tommy reserves the right, but has no obligation, to monitor any and all User Content and your use of our Services. Tommy may, in our sole discretion, remove any User Content and/or suspend or terminate your use of the Service for any reason (including, without limitation, any alleged breach of any term of this Agreement), and you are not entitled to any refund or credit relating to such removal, suspension or termination. You are solely responsible and liable for all content, materials, and information that you upload and/or transmit using or relating to the Service.

Content of the Service that incorporates or includes any of the Tommy Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tommy or the rightful owner, as applicable.

The name Tommy and the various logos used or displayed on the Service are trademarks of Tommy and you may only use these trademarks or logos for promotional purposes to identify yourself as a User of Tommy products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

Limited License for use of the Service

Tommy grants you a non-exclusive license, expressly limited only to access and use of the Service, strictly in accordance with the Service's available usage options, and to view, copy and print portions of the Content as provided for in the Site. Nothing in the Site, the Content or the Terms is intended to grant you the right to sublicense such license to anyone or any entity. The license is granted solely in accordance with the Terms, and you agree and acknowledge that you may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:

  • Use the Service through unauthorised interfaces or protocols; Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits); Remove, obscure or alter any notices or indications of rights in or to the Tommy Intellectual Property;
  • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Tommy servers;
  • Take any action that imposes an unreasonable or large load on our infrastructure;
  • Upload invalid data, viruses, worms, or other harmful software to the Service;
  • Use automated means, including spiders, robots, crawlers, data mining tools, scripts applications or the like to download or upload data from or to the Service, or to access the Service in any form, unless expressly permitted by Tommy;
  • Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service; or
  • Impersonate any person or entity in order to use, or through use of, the Service.

Any such unauthorised use by you of the Site may also violate applicable country laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to you with respect to intellectual property rights. This license is revocable at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Hyperlinking and Tommy

The Service may contain links to other websites (“Linked Third Party Sites”). Tommy does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and materials on those Linked Third Party Sites (“Linked Third Party Material”).

Tommy is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the Linked Third Party Sites.

You are granted a limited, non-exclusive right to create a hyperlink to the Service for non-commercial purposes, provided such link does not portray Tommy or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tommy logo or other proprietary graphic of Tommy to link to the Service without the express written permission of Tommy.

Further, you may not use, frame or utilise framing techniques to enclose any Tommy owned trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without Tommy’s express written consent.

Interactive User submitted content

Materials, including but not limited to User Content, text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Tommy (“Content”) is owned by the party contributing such content.

As a User of the Service, You are solely responsible for Your own User Content. By transmitting Your User Content, You represent that You have all rights and authorisations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Content, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.

You shall retain all of Your ownership rights in Your User Content; however, by submitting material to Tommy, You grant Tommy the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material as is required in order to provide the Service, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Content, You shall indemnify Tommy for any claim regarding Tommy's use of Your User Content.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Tommy or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Tommy, and its licensees, successors and assigns, from any claims that you could otherwise assert against Tommy by virtue of any such moral rights.

Tommy does not guarantee any confidentiality with respect to any User Content and will not treat any User Content as confidential. When using the Service, You may be exposed to User Content from a variety of sources, and Tommy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, which may be inaccurate, infringing, offensive, indecent, or objectionable.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Tommy's systems and customers, or to ensure the integrity and operation of Tommy's business and systems, Tommy may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and User Content. Tommy’s right to disclose any such information shall govern over any terms of Tommy’s Privacy Permission.

Advertisements and Promotions

Tommy may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tommy, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tommy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Service.

Fees Charged By Third Party Sites And Vendors

Tommy may provide links to other web sites. Some of these web sites may charge separate fees. Tommy may also provide access to or through third party vendors, who provide content, goods and or services on the Service, the Internet or via wireless. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

If you enter into a Subscription Agreement with Tommy, you will also be responsible for any fees or charges payable to Tommy under that Subscription Agreement.

Copyright Complaint Permission

Infringement Notification:

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:

  • An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
  • Identification of the copyrighted work that You claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Tommy Service;
  • Information reasonably sufficient to permit Tommy to contact You, such as Your address, telephone number, and e-mail address;
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorised to act on behalf of the owner.

The above information must be submitted to our legal address:

Tommy Associates Pty Ltd
146 Warry Street
Fortitude Valley QLD 4007
Australia

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Intellectual property infringement

Tommy may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data & Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms within the Service (Registration Data); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Tommy, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Tommy.

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TOMMY, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOMMY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. TOMMY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

TOMMY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE TOMMY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, TOMMY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD OR USE OF THE SITE.

Limitation Of Liability

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST TOMMY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT TOMMY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. WITHOUT LIMITATION OF THE FOREGOING, NEITHER TOMMY NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM TOMMY OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TOMMY’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOMMY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TOMMY FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY STATE OR OTHER JURISDICTION PROHIBITS THE EXCLUSION OF WARRANTIES OR GUARANTEES OR THE LIMITATION OF LIABILITY AS CONTEMPLATED IN THESE TERMS, NOTHING IN THESE TERMS WILL BE READ AS APPLYING TO THE RELEVANT WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIABILITY THAT CANNOT BE LIMITED.

Applicable Law and Venue

The Service (excluding Third Party Sites) is controlled and operated by Tommy Associates Pty Ltd from its offices in and around Brisbane, Australia. While Tommy has made no effort to publish the Service elsewhere, the Site is accessible in all states of the Australia and in other countries. You and Tommy both benefit from establishing a predictable legal environment in regard to the Service. Therefore, you and Tommy explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of Queensland, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against Tommy Associates Pty Ltd arising from or relating to the Service will be heard and resolved in a court of competent subject matter jurisdiction located in Queensland, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Service from locations other than in Queensland, Australia, you will be responsible for compliance with all local laws of such other jurisdiction.

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Site Terms, Tommy reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Service, Site, User Content or Services; (c) change, suspend or discontinue any aspect of the Site, User Content or Service; and (d) impose limits on the Site, User Content or Service.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by email contact@mytommy.com