Thank you for using krunchbox! By using the krunchbox web site, or any portion thereof (“krunchbox”), you agree with krunchbox Operations Pty Limited ABN 13 126 243 114 (“the provider” or “we”) to the following terms and conditions (the “Terms and Conditions”). The krunchbox software, and any portion thereof, are referred to herein as “krunchbox”. The user of “krunchbox” is referred to herein as "the client" or “you”.

1. USE OF KRUNCHBOX

krunchbox is a reporting and analytical tool which repackages the client's raw data and reference tables into reports for the use of the client and any third party the client may wish to share the information with.

As such, the data provided in the reports is the property of the client. The content of the krunchbox site and its reports and other functions is the property of krunchbox Operations Pty Ltd.

The integrity of krunchbox reports is reliant on regular and complete data updates in the form of sales, stock, warehouse data and reference tables provided by the client.

Regular updates to the data within krunchbox can be achieved through import tools provided on the site or by other arrangements made during implementation with krunchbox administrators and technical support staff.

You may not upload damaging or excessive information that could disable, overburden or impair krunchbox services or use krunchbox in a way that will damage the site or impair the use for or the enjoyment of others. krunchbox reserves the right to suspend or terminate your service at its discretion under such circumstances.

krunchbox is a packaging tool. The quality of the outputs is dependent on the quality and consistency of the data the client provides. The provider will not be liable for inaccurate, inconsistent or out-dated data.

To use krunchbox you need to be a client of the provider or an agreed authorised representative of the client. The client agrees to remove access to the site of any person or agent who no longer represents the client

You become a client of krunchbox when you provide payment for set-up fees and raw data to establish a client data warehouse, or at the completion of a trial period. Payment of subscription fees commences at the completion of implementation or at the completion of the trial period. Payment terms are seven days net for four weekly charges.

The provider reserves the right to refuse access to krunchbox and the site, if there is a breach of these Terms and Conditions or at their sole discretion without liability to you.

2. SECURITY and SERVICE LEVELS

Security of data is paramount for all clients of krunchbox. It is for this reason that krunchbox utilises the services of a third party dedicated hosting provider based in Australia. The data centre where krunchbox is hosted has the highest levels of security accreditation in Australia. The krunchbox data centre is the only data centre in Australia to be certified to ISO27001 international security standard. Regarded as the industry benchmark in information security, this certification verifies that your data is secure.

In addition to the ISO27001 certification, the data centre also has PCI DSS certification, DSD Highly Protected ASIO T4, Suntone 2, and other highly regarded certifications. Client data and security of that data is treated as mission critical by krunchbox.

All communication from your computer to our secure systems is encrypted to ensure the confidentiality of all data sent and received. We use 128-bit SSL encryption technology. In addition, a digital certificate is used to verify the identity and authenticity of our websites. To view the digital certificate double click on the padlock icon in the bottom right hand corner of your browser window.

Role security within the application is also a key feature of krunchbox, and can be implemented by category, by store location, and also by measure (for example Gross Margin), for every individual user of the application. As a client, you have full control over each user’s access.

3. PRIVACY POLICY

a) Protecting client's privacy is of paramount importance to krunchbox. As communication with krunchbox is via a web site, and not downloaded software, the provider urges its clients to be cautious of communications which can be intercepted and otherwise compromised. The provider urges its clients to assume that all of their online communications are insecure. The provider will not take responsibility for the security of information transmitted online using krunchbox facilities.

Information collected by the provider in connection with your use of krunchbox may be stored and processed in Australia or any other country in which the provider or its agents maintain facilities. Accordingly, by using krunchbox, you consent to any transfer of such information outside of your country. You acknowledge and agree that the provider may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, (e) for any purpose associated with the provision of services to you or the use of krunchbox or (f) protect the rights, property or safety of krunchbox or its clients. krunchbox will not be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.

b) Password Protection - The client is responsible for protecting the client's passwords and the passwords of its employees and authorised representatives and for any authorised or unauthorised use made of client's password. The provider will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. The client must not and must procure that its employees and agents do not, disclose their passwords to any person outside of the client.

c) Prior to registering for a krunchbox account, you may be asked to provide information to the site to enable us to assess your requirements and the appropriateness of krunchbox to provide the services you require. When you sign up for a krunchbox account, we ask you for personal information (such as your name, email address and an account password). In order to become a subscriber to krunchbox, we will request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other krunchbox or third parties in order to provide you with a better experience and to improve the quality of our services.

d) Log information - When you use krunchbox services, our servers automatically record information that your browser sends whenever you upload or download from the krunchbox site.

e) User communications - When you send email or other communications to krunchbox, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who utilised a particular module, for example, or how many users clicked on a particular report.

f) The provider will not access the clients data, share the data, or share the identity or emails of any users, their clients or beneficiaries, except in the process of validating, maintaining system integrity, and in provision of services under your Service Level Agreement.

Please contact support@krunchbox.com for any additional questions about the management or use of personal data.

4. PROPRIETARY RIGHTS

You acknowledge that (a) krunchbox contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) the provider owns all right, title and interest in and to krunchbox, the web site and its functions provided through or in conjunction with krunchbox, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from krunchbox, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in krunchbox, (iii) use krunchbox to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter krunchbox copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through krunchbox.

The provider reserves the rights to refuse access or suspend use to krunchbox and the site if there is a breach of these terms and conditions or at their sole discretion without liability to you.

5. AUTOMATIC UPDATES

From time to time there will be updates to krunchbox such as bug fixes, patches, enhanced functions, new reports (collectively, "Updates"). By agreeing to the Terms and Conditions you are agreeing to these regular Updates.

The provider reserves the right to enhance reporting capabilities and site functionality including existing and new reports at our discretion. No changes will be made which will impede your use of krunchbox without first notifying you one (1) week in advance.

Where required, scheduled or unscheduled maintenance of krunchbox will occur which may limit or temporarily disable your access to krunchbox.

6. COMPLIANCE WITH LAWS AND KRUNCHBOX POLICIES

The client undertakes to ensure that any material included on krunchbox:

1. does not infringe the Intellectual Property Rights, the Privacy Act 1988 or the privacy of any person;
2. is not obscene, offensive, upsetting, defamatory or discriminatory;
3. is not prohibited content or potential prohibited content as defined in the Broadcasting Services Act 1992 or otherwise in breach of any applicable law; and
4. does not comprise and cannot be used for any purposes or activity of an illegal, fraudulent or defamatory nature.

The client further agrees to indemnify the provider and its affiliates against any loss or damage of any nature which arise out of, or relate to the client’s use of krunchbox, or any content provided by the client or the customers/clients of the client, and the client will reimburse the provider and its affiliates for all legal expenses, including reasonable legal fees, incurred by the provider and its affiliates in connection with any such loss or damage.

You agree to comply with all local laws and regulations, regarding the use of krunchbox, the site content and any download associated with krunchbox. You agree to comply with any applicable policies or guidelines that the provider may make available from time to time in its sole discretion. By way of example, and not as a limitation, you agree that when using krunchbox, you will not:

• upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity when accessing krunchbox;
• restrict or inhibit any other user from using and enjoying krunchbox;
• use krunchbox for any illegal or unauthorised purpose;
• remove any copyright, trademark or other proprietary rights notices contained in or on krunchbox;
• interfere with or disrupt krunchbox, or servers or networks connected to krunchbox , or disobey any requirements, procedures, policies or regulations of networks connected to krunchbox;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of krunchbox services or collect information about users for any purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by krunchbox;
• create user accounts by automated means or under false or fraudulent pretences;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• submit quantities of data that are likely to impede the normal functioning of the site or the enjoyment of other users.
• directly or indirectly, reverse engineer, recompile, disassemble or otherwise attempt to derive source code or other trade secrets from the provider or its other clients.
• sell, assign or transfer your rights or delegate your duties under these Terms and Conditions either in whole or in part without the prior consent of the provider, and any attempted assignment or delegation without such consent will be void.

The provider may assign its rights and obligations to any third party in whole or part. The provider may delegate the performance of certain services to third parties without notice to the client.

7. TERMINATION

You may terminate your Service Level Agreement at any time by contacting support@krunchbox.com at which time all access to krunchbox will be suspended. There will be no refunds for the cancelled period except where the provider has failed to provide the agreed service.

On cancellation of the service, the client's data warehouse will be stored for 60 days at which time it will then be deleted. If the service is to be re-instated after this period then current set-up charges will apply.

If you fail to provide the required data to maintain the integrity of the krunchbox contents, we will advise you via email. If this period exceeds 60 days your account will be suspended.

Any default on payment beyond 15 days of the due date will result in a suspension of the service, at which time all access to the data will be withdrawn. In the event that payment does not resume, the clients data warehouse will be stored for 60 days at which time it will then be deleted. If the service is to be re-instated after this period then current set-up charges will apply.

Your rights automatically and immediately terminate without notice from the provider if you fail to comply with any provision of these Terms and Conditions. To the maximum extent permitted by law, the provider reserves the right to terminate these Terms and Conditions at any time and for any reason.

8. INDEMNITY

You agree to hold harmless and indemnify the provider and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of krunchbox or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

9. DISCLAIMER OF WARRANTIES

• your use of krunchbox is at your sole risk. To the maximum extent permitted by law, krunchbox, the site and its contents are provided on an "as is" basis and without warranty of any kind. To the maximum extent permitted by law, krunchbox expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
• The provider makes no warranty (i) that the krunchbox site will meet your requirements, (ii) that the krunchbox site will be error-free or bug-free, (iii) regarding the security, reliability, timeliness, or performance of krunchbox, and (iv) that any errors found on the krunchbox site will be corrected.
• any content or material downloaded or otherwise obtained through the use of krunchbox is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
• no advice or information, whether oral or written, obtained by you from krunchbox, the provider or any third party shall create any warranty not expressly stated in these terms and conditions.
• krunchbox cannot monitor or exercise control over the content of the information transmitted through krunchbox. Use of the services or any information that may be obtained there from is at your own risk.
• krunchbox does not and cannot control the flow of information to or from the krunchbox site and other portions of the internet. Such flow depends in large part on the performance of the internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer's connections to krunchbox (or portions thereof). krunchbox cannot guarantee that such events will not occur. Accordingly, the provider disclaims any and all liability resulting from or caused by such events. The provider will not be liable for any business losses arising from such interruptions by third parties. The provider is in no way responsible for network providers.
• neither the provider nor its network services supplier will be liable for any loss or damage resulting from a network based intrusion.

10. LIMITATION OF LIABILITY

You expressly understand and agree that to the extent permitted by law, the provider shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the provider has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use krunchbox or a failure of krunchbox; (ii) the inability to use krunchbox to access content or data; (iii) the cost of procurement of substitute goods or services; (iv) unauthorized access to or alteration of your transmissions or data; or (v) any other matter relating to your use of krunchbox. The foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

11. EXCLUSIONS AND LIMITATIONS

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.

Where we are unable to exclude liability, then to the extent permitted by applicable law the provider’s liability shall be limited to at the provider’s option:

• In the case of goods, any one or more of the following:
  • The replacement of the goods or the supply of equivalent goods;
  • The repair of the goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired; or
• In the case of services:
  • The supplying of the services again; or
  • The payment of the cost of having these services supplied again.

12. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.

13. MISCELLANEOUS PROVISIONS

• These Terms and Conditions of Use, in conjunction with any other policies of the provider applicable to krunchbox made known to you, and any Service Level Agreement, constitute the entire agreement between you and the provider, superseding any prior or contemporaneous agreements between you and the provider.
• Waiver and Severability of Terms. The failure of the provider to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
• Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of krunchbox or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• Headings. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
• The above Terms and Conditions and associated policies will survive any expiration or termination of the account.
• The provider reserves the right to amend these Terms and Conditions from time to time. We will notify you that these Terms and Conditions have been amended by posting a notice on the krunchbox website, and if you continue to use krunchbox you will be bound by such amendments. If you do not agree to the amendments, you should not use krunchbox. All rights not expressly granted in these Terms and Conditions are reserved.