Scope – Workflow by Efficiency Works (WxEW)?
These Terms of Service (“Terms“) govern your access to and use of Workflow by Efficiency Works (WxEW) (a product of Efficiency Works Software Ltd, “WorkflowStudio/App”, “we” or “our”) websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
The WorkflowStudio+App operates under the portfolio of Workflow by Efficiency Works (WxEW), a service of Efficiency Works Software Ltd (NZBN -9429047405929) with the registered place of business at 19a Garadice Road, Rothesay Bay, Auckland, NZ, 0630
Please review and ensure you understand these conditions of sale before making any product or service purchase from Workflow by Efficiency Works (WxEW).
Your use of the service.
By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
You may use the Service only if you can form a binding contract with Workflow by Efficiency Works (WxEW), and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, however we will give you prior notice by means of in-app notifications & email communication. In addition, Workflow by Efficiency Works (WxEW) may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users but generally we will give you a heads up and a reason as to why we will be doing that. We will give you plenty on notice so that you can export and migrate your content to a similar or different service provider. In case of an Armageddon or some crazy political leader starting a war or some natural calamity of some sort or outages & issues at our cloud service provider’s end, we will not be in a position to provide you with prior notice about any service outages or disruptions in our services.
Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. You retain ownership of your Content, but there are many things that users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Workflow (a product of Workflow by Efficiency Works (WxEW)) has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with the ANZ or any International Copyright Office, or any other rights organization. Please consider carefully what you choose to share.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post do not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Workflow by Efficiency Works (WxEW) and its products and services, its users and the public.
You must provide us accurate information when you create your Workflow (or any service provided by Workflow by Efficiency Works (WxEW)) account. Your Workflow account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Workflow with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Workflow or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. Workflow cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Workflow at accounts@Workflow by Efficiency Works (WxEW) immediately upon becoming aware of any breach of security or unauthorized use of your account.
Workflow by Efficiency Works (WxEW) License to You
Subject to these Terms, Workflow by Efficiency Works (WxEW) gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for reasons that compromises with our terms of service.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and Workflow by Efficiency Works (WxEW), its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.
Workflow by Efficiency Works (WxEW) Property, Copyrights and Feedback
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Workflow by Efficiency Works (WxEW) and its licensors. The Service is protected by copyright, trademark, and other laws of Australia, New Zealand & other foreign countries. Nothing in the Terms gives you a right to use the Workflow or Workflow by Efficiency Works (WxEW) name or any of the Workflow by Efficiency Works (WxEW) trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Workflow by Efficiency Works (WxEW), or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Use of Content
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Workflow by Efficiency Works (WxEW) be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. Workflow by Efficiency Works (WxEW)/Workflow will not be responsible or liable for any use of your Content by Workflow by Efficiency Works (WxEW) in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
Acceptable Use of Workflow by Efficiency Works (WxEW)
Workflow by Efficiency Works (WxEW) and its services like Workflow is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
use the Service for any unlawful purposes or for promotion of illegal activities; post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; send unsolicited communications, promotions or advertisements, or spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, Workflow by Efficiency Works (WxEW)’s computer systems, or the technical delivery systems of Workflow by Efficiency Works (WxEW)’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
The prices are set by the Workflow by Efficiency Works (WxEW)’s Executive team and are subject to change without prior notice. All payments must be made via our website.
The Workflow App (a product of Workflow by Efficiency Works (WxEW)) subscription needs to be renewed monthly or annually. You will be reminded when your subscription is nearing renewal.
We will repair or replace goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that one of our items is defective, the following conditions apply:
If we agree that we are liable, we will refund the cost of return carriage and will, at our election, repair or replace the goods free of charge. If we repair or replace the goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.