Terms of Service

The Service is provided by ONARA Ops (ABN 86 749 370 022) (“ONARA”, “we”, “us”, “our”). “You” means the person or business using the Service. These Terms, together with our Privacy Policy, form the entire agreement between you and us and supersede any prior understanding. If you do not agree, you must not use the Service.

“Service” means ONARA Ops, the optional ONARA Books add-on, our websites, and all related software and features. “Your Data” means all content and information you or your users submit to the Service, including your customers’ personal information. “Your Customers” means the people whose details you enter into the Service.

The Service is software that helps you run a trade or service business: bookings, jobs, quotes, invoices, customers, scheduling, team management and (optionally) basic bookkeeping. It is a tool to assist you. It does not perform your work, make decisions for you, or guarantee any business outcome, result, lead, sale, revenue, or level of accuracy. All decisions you make using the Service are your own.

You must be at least 18 and able to enter a binding contract. You are responsible for the accuracy of your details, for keeping your login secure, and for everything done under your account, including by team members you invite and the access levels you grant them. You must notify us immediately of any unauthorised use. We may refuse, suspend or close accounts at our discretion where reasonably necessary.

ONARA Ops is a paid monthly subscription; ONARA Books is an optional paid add-on. Fees are billed in advance through our payment provider (Stripe) and renew automatically each month until cancelled. You authorise us and Stripe to charge your payment method for all fees.

Fees are in Australian dollars and may include GST. We may change fees with reasonable prior notice; changes take effect at your next renewal. If a payment fails we may suspend or downgrade your access. Except where a refund is required by law, fees are non-refundable and we do not provide pro-rata refunds for partial periods, downgrades, or unused time.

As between you and us, you own Your Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display Your Data solely to operate, secure, support and improve the Service, and as otherwise described in our Privacy Policy. You are solely responsible for Your Data and for the accuracy, quality and legality of it.

You represent, warrant and agree that:

• you will use the Service only for lawful purposes and in compliance with all applicable laws;
• you have all rights and consents needed to collect, upload and process Your Data, including Your Customers’ personal information;
• you are responsible for obtaining your customers’ consent to be contacted, and for complying with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Do Not Call Register Act 2006 (Cth);
• you will keep your own independent backups of Your Data and will independently verify any output, figure, estimate or document before relying on or sending it; and
• you are responsible for your own tax, accounting, licensing, insurance and regulatory obligations.

You use the Service at your own risk. To the maximum extent permitted by law, you assume all responsibility and risk for your use of the Service and for any decisions, quotes, invoices, bookings, communications, tax positions or business actions you take using it.

You must not, and must not allow anyone to:

• break the law or infringe anyone’s rights;
• send spam, scam, deceptive or unlawful communications through the Service;
• upload malicious code, or attempt to disrupt, overload, reverse engineer, or gain unauthorised access to the Service;
• resell, sublicense, or white-label the Service except as we expressly permit in writing; or
• use the Service to harass, defame or harm any person.

The Service, including ONARA Books, does not provide legal, financial, accounting or tax advice, and we are not your accountant, bookkeeper, or a registered tax or BAS agent. Calculations, GST estimates, reports, totals and templates are provided to assist you only, may contain errors, and must not be relied on as advice. You are responsible for the accuracy of your records and your obligations, and should consult a qualified professional.

We do not warrant that the Service (or any data, calculation, map, estimate or third-party content within it) is accurate, complete, current, secure, uninterrupted or error-free. We do not guarantee any level of uptime, nor any business result. The Service may be unavailable for maintenance, updates, or for reasons outside our control.

The Service relies on third parties, including Stripe (payments), Google Maps, and our email and SMS providers. Your use of those features may be subject to their terms, and we are not responsible or liable for third-party services, their availability, or their acts or omissions.

We (and our licensors) own all rights in the Service, including its software, design, and branding. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service while your subscription is active. If you give us feedback, you grant us a perpetual, royalty-free licence to use it.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all warranties, guarantees and conditions not expressly stated in these Terms, whether express, implied or statutory. This clause is subject to clause 16 (Australian Consumer Law).

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business, opportunity, goodwill, or data, however caused, even if advised of the possibility.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the amount of fees you actually paid us for the Service in the three (3) months immediately before the event giving rise to the liability. This clause is subject to clause 16.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded (“Non-excludable Rights”). Where our liability for breach of a Non-excludable Right can be limited, our liability is limited, at our option, to re-supplying the Service or paying the cost of re-supply.

To the maximum extent permitted by law, you indemnify and hold us (and our personnel) harmless from and against all claims, demands, losses, liabilities, costs and expenses (including legal costs) arising out of or in connection with: (a) Your Data; (b) your use of the Service; (c) your breach of these Terms or any law; (d) your dealings with, or communications to, Your Customers; or (e) any third-party claim relating to (a)-(d).

You may cancel at any time; access continues until the end of your current billing period. We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure, or where reasonably necessary. On termination your licence ends; you may request an export of Your Data within 30 days, after which we may delete it. Clauses that by their nature should survive (including 6-8, 10-11, 13-17, 19-22) survive termination.

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages, failures of third-party providers or telecommunications, cyber-attacks, natural disasters, pandemics, or government action.

We may modify the Service and these Terms from time to time. For material changes we will give reasonable notice (for example by email or in-app) and may require you to accept the updated Terms before continuing to use the Service. Your continued use after changes take effect constitutes acceptance.

Before starting proceedings, the parties will try in good faith to resolve any dispute by negotiation. These Terms are governed by the laws of Western Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.

If any provision is found invalid, the rest continues in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them on notice. Notices to you may be given in-app or by email. These Terms are the entire agreement between us.

Questions about these Terms? Contact us at hello@onaraops.com.au.