Legals

4 April 2023

Plain English

These terms and conditions are written in plain English, so that you, and we, can understand them. Our intention is to make them as fair and reasonable as possible.

By the way, when we say PartN.com.au, “us”, “we”, “our”, etc, we are referring to the PartN.com.au business carried on by The Ruffle Technology Company Pty Ltd, its affiliates, and agents.

Should you have any questions or concerns about this document, please contact us.

Using PartN.com.au means accepting these terms

By accessing or using PartN.com.au in any way you agree to be, and are bound by, the terms and conditions in this document. If you do not agree to every term and condition contained in this document, do not access or use PartN.com.au.

These Terms Will Change Over Time

This is a living document. If you see something that should be changed, or think of something that should be added, let us know.

We won’t amend this document for individual customers, but will make changes that improve the document for everyone.

By continuing to use PartN.com.au, you will implicitly accept the changes we make. We will notify you of any material changes by posting the updated document to this site and updating the “Document History” section below.

Your access and use of PartN.com.au is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use PartN.com.au automatically terminates.

We may block, restrict, disable, suspend or terminate your access to all or part of PartN.com.au at any time in our sole discretion, without prior notice or liability to you.

If you think we removed your access by mistake, let us know and we’ll give you our reasoning.

Refunds

You are entitled to a refund in certain circumstances under Australian Consumer Law. These terms and conditions do not limit those rights in any way.

To request a refund, please contact support including the detail requested above.

Support

Support for PartN.com.au is provided via email. While we do our best to respond promptly to all enquiries, we can’t promise to respond within a certain timeframe, or to be able to answer your particular questions.

Privacy and access to your data

We're big believers in protecting your privacy. We don't do anything with your data that we wouldn't want done with ours.

We collect the following information:

  • Email address
  • Bank account names, types, institutions, and last four digits of the account number
  • Transaction data (description, account, and amount)
  • Any amendments to categorisation that you or your legal team have made

We use that information to:

  • Log you in. When you want to log in, we will send you a link by email.
  • Prepare your Part N. Using your bank account details and transaction data, we will prepare Part N of your Financial Statement.

Who we partner with

We partner with the following service providers, and some of your personal information may be shared with them in the course of providing the PartN.com.au service to you:

  • CreditSense We use CreditSense to gather data from your bank accounts (with your consent), and to process bank statement PDFs that you upload.
  • Sentry We use Sentry to capture errors in our code that occur while you are using PartN.com.au. We use the data in those errors to help us identify the source of the error and fix it faster.
  • Stripe We use Stripe for credit card payments. We provide Stripe with your email address at checkout, so that you don't have to type it in yourself.

Who can see my credit card number?

No-one at PartN.com.au. We use the very trustworthy and secure Stripe payment service. Read about their security measures on the Stripe website (in short, they encrypt your credit card info using industry-standard practices). We make use of Stripe Checkout, which means that Stripe not only handles the credit card payments, they also handle the collection of credit card data from you, so your card information never touches our servers.

How can I access or correct my information?

Contact us by email.

What are the guidelines PartN.com.au follows when accessing my data?

For the most part, your data is only available to you, and your legal team (if and when you grant them access). Sometimes, we may need to access the data ourselves. When that happens:

  • We restrict who at PartN.com.au can access customer data on as needed basis.
  • We only do it in response to a customer support question, or to look at issues affecting the entire PartN.com.au application.
  • We only do it in order to debug and fix the issue.
  • We never make changes to anything unless explicitly requested by a user.

How is my data protected and secured?

All of our customers’ data resides in the same database. We use software best practices to guarantee that only you can access your data. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data. If you believe that your data is no longer secure, please contact us immediately.

Where is my data stored?

Your personal information is transferred, stored and processed in Australia.

How is my data shared?

We do not sell, rent, or trade your personal information to others and have never done so.

We share personal information with others only in the following ways: 1) if we are required by law; or 2) with our third-party service providers to perform tasks on our behalf, including payment processing and bug tracking.

Intellectual Property Rights

Who owns PartN.com.au materials?

PartN.com.au Materials are all the information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on PartN.com.au produced by PartN.com.au.

Unauthorized use of the PartN.com.au Materials is a violation of these Terms of Service, and may also constitute a violation of copyright, trademark, patent, trade secret and other intellectual property and proprietary laws.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the PartN.com.au service or PartN.com.au Materials or any portions of them.

You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis.

Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties.

PartN.com.au is a trade mark of The Ruffle Technology Company Pty Ltd. You are not permitted to use it as a trade mark without our prior written consent.

Who owns the IP of the generated Part N and supporting documents?

We retain ownership of all materials generated by PartN.com.au, including the the generated Part N and supporting documents (the End Products). However, we grant you a worldwide, irrevocable, royalty-free licence to use the End Products for any purpose reasonably connected with your legal matter.

Do you guarantee that PartN.com.au will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. You acknowledge and agree that PartN.com.au shall not be liable for any failure to store or retrieve your materials on PartN.com.au at any time.

Don’t misbehave

You agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another user’s account, data, or computer systems or networks connected to any PartN.com.au server, whether through hacking, password mining or any other means.
  • Access or attempt to access any material that you are not authorized to access.
  • Use any material in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the PartN.com.au service, PartN.com.au materials, systems resources, accounts, servers or networks connected to or accessible through PartN.com.au or any affiliated or linked sites.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Disrupt, interfere or inhibit any other user from using and enjoying the PartN.com.au service or other affiliated or linked sites, materials or services.
  • Access or use PartN.com.au in any manner that could damage, disable, overburden or impair any PartN.com.au server or the network(s) connected to any PartN.com.au server.
  • Violate any applicable laws or regulations related to the access to or use of PartN.com.au, or engage in any activity prohibited by the Terms of Service.
  • Post or otherwise submit any material that is child pornography, defamatory, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any PartN.com.au user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.

Restriction and Termination of Use

PartN.com.au may block, restrict, disable, suspend or terminate your access to all or part of PartN.com.au at any time in PartN.com.au’s sole discretion, without prior notice or liability to you.

Liability

Links to Third Party Sites

PartN.com.au may include links that will take you to other third-party sites or mobile applications outside of the PartN.com.au service. PartN.com.au has no control of the linked sites and you acknowledge and agree that PartN.com.au is not responsible for the contents of any linked site.

Warranties and Disclaimers

The PartN.com.au service and PartN.com.au materials are provided by PartN.com.au under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, PartN.com.au makes no warranty that:

  • the PartN.com.au service and PartN.com.au materials will meet your requirements;
  • the PartN.com.au service and PartN.com.au materials will be uninterrupted, timely, secure, or error-free;
  • the results that may be obtained from the use of PartN.com.au service and PartN.com.au materials will be effective, accurate, or reliable;
  • the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
  • any errors or defects in PartN.com.au service and PartN.com.au materials will be corrected.

This PartN.com.au service and PartN.com.au materials may include technical or other mistakes, inaccuracies, or typographical errors. PartN.com.au may make changes to the site, materials and services at any time in its sole discretion and without notice.

Indemnity and Liability

You agree to indemnify and hold PartN.com.au and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • your violation of the Terms of Service;
  • your infringement of any third party’s intellectual property rights when using any of the software made available on PartN.com.au; or
  • your violation of any rights of any third party.

Limitation of Liability

In no event shall PartN.com.au, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if PartN.com.au has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim. To the extent that liability cannot be excluded, it shall be limited to a refund of the purchase price.

General

Governing Law and Jurisdiction

PartN.com.au is controlled by PartN.com.au from its offices in Victoria, Australia. By accessing PartN.com.au, you agree that all matters relating to your access to, or use of, PartN.com.au shall be governed by the laws of Victoria, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Victoria with respect to such matters. You and we specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

Entire Agreement

These Terms of Service are the entire agreement between us and you with respect to your access to and use of the PartN.com.au service and materials.

Reading down

If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or any portion thereof, to be unenforceable, that provision or portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect.

No waiver

Any failure by PartN.com.au to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision.

The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.

© 2024 The Ruffle Technology Company Pty Ltd

PartN.com.au is a web application that helps family law participants complete Part N of their Financial Statement, for use in applications under the Family Law Act 1975 in the Federal Circuit and Family Court of Australia (FCFCOA).