Terms & Conditions

Introduction

Welcome to SOLE! We’re excited to have you start using SOLE. Please look through and accept our terms and conditions. These are your legal rights and obligations. If you still have questions or comments after you’ve read these terms, please contact us at support@soleapp.com.au.

Joining and using SOLE

  1. You and SOLE: When we say ‘you’ or ‘your’, we mean you as a Sole Trader, Small Enterprise or Medium Enterprise. When we say ‘Sole’, ‘we’, ‘our’ or ‘us’, we’re talking about Soleapp you contract with and pay fees to.
  2. Our services: Our services consist of all the services we provide now or in the future, including our online and mobile accounting and financial products.
  3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you are the subscriber, you’re the one responsible for paying for your subscription.
  4. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed. You control access to your subscription. 
  5. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused.
  6. When we introduce new or revised services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
  7. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
  8. Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription.
  9. Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services. If you choose not to continue using our services following a trial, you may delete your subscription.
  10. Your use of our services generally requires you to pay a monthly subscription fee. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. Subscription fees may be inclusive or exclusive of transactional taxes where relevant, for example GST.
  11. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your location information you give us must be accurate for tax residency purposes.
  12. Importance of timely payments: In order to continue accessing our services, you need to make timely payments. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

Data use and privacy

SOLE uses your data to provide our services to you. Our privacy notice is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.

  1. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you.
  2. Personal information will only be provided to third parties, including the ATO without your explicit permission.
  3. Use of your own personal data: We respect your privacy and take data protection seriously. We will not share your personal information with any third party, unless legally obliged to do so. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into SOLE, like your name and email address.    
  4. Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into SOLE.
  5. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
  6. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

  1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too! To help protect our services and your data, we offer added security features such as two-step authentication.

  1. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
  2. Account security features: We may introduce security features to make your account more secure. Where we make use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
  3. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of SOLE’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, tax identifiers or bank account details.

Apps and third-party products

  1. Other services: Some of our services, such as The Apple App Store or Bank feeds, may have additional terms that apply to you for the Data Feed service they provide.
  2. Your use of automated bank account feeds enabled by Illion Open Data Solutions from within our services is subject to separate Illion Open Data Solutions’ terms. 
  3. Third-party products: Along with the use of our services, you may use data and  services from a third-party. Any third party providing a third-party product is a provider and is independent of us.
  4. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non- personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

Maintenance, downtime and data loss

  1. We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.
  2. Availability: We strive to maintain the availability of our services, and provide 24/7 email support. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.              
  3. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
  4. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.
  5. Whatever the cause of any downtime, access issues, loss of earnings or data loss, your only recourse is to discontinue using our services, you will not receive no compensation.
  6. Problems and support: If you have a problem, we have excellent support articles available through our website that should help you with most situations. If you’ve tried our support articles and still need help, you can find out more about how to contact us directly here.
  7. Modifications: We may release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical.

Tax

  1. You authorise SOLE and its franchisees, or any registered tax agent employed by SOLE to review the information you provide through the Service and lodge your tax return to the Australian Taxation Office (“ATO”) based on the information you provide through the Service and in accordance with the obligations imposed on us under the Income Tax Assessment Acts of 1936 and 1997, the Taxation Administration Act 1953 (Cth) and the Tax Agent Services Act 2009 (Cth) (“Tax Acts”).
  2. You are responsible for the accuracy of the information that you provide to us through the Service, and for all of your other activities in connection with the Service. You may only use the Service for the purposes for which they are intended, as explained on our website.
  3. Neither SOLE nor its associates guarantee that the SOLE website is completely free of errors. We will notify you should any errors arise.
  4. You consent to, and authorise us to request, collect, use and record your tax file number and taxation information for the purpose of acting on your behalf in the conduct of your affairs. You also consent to, and authorise us to disclose or communicate your tax file number and your tax records and taxation information to the ATO on your behalf in the conduct of your affairs.
  5. The use of or reliance on the information available through the Service is at your own risk. To the maximum extent permitted by law, SOLE, directors, employees and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on the Service or provided through the Service.
  6. Subject to clause 39 and to the maximum extent permitted by law, we exclude all conditions, representations, warranties and guarantees, whether express or implied, by statute, trade or otherwise.
  7. If you are a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees, rights and remedies are conferred on you which cannot be excluded, restricted or modified except in limited circumstances, then to the maximum extent permitted by law, our liability to you is limited at our option to
    1. in the case of goods:
      1. replacement of the goods or the supply of equivalent goods;
      2. repair of the goods;
      3. payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. payment of the cost of having the goods repaired; and
    2. in the case of services:
      1. resupply of the services; or
      2. payment of the cost of resupplying the services.

Feedback: We love your feedback and may use it without restriction.

  1. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
  2. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly bank balance refreshes.
  3. While we can’t cover everything here, we do want to highlight a few examples of things never to do:
    1. Undermine the security or integrity of our computing systems or networks.
    2. Use our services in any way that might impair functionality or interfere with other people’s use.
    3. Access any system without permission.
    4. Introduce or upload anything to our services that includes viruses or other malicious code.
    5. Share anything that may be offensive, violates any law, or infringes on the rights of others.
    6. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
    7. Resell, lease or provide our services in any way. Repackage, resell, or sublicense any leads or data accessed through our services.
    8. Commit fraud or other illegal acts through our services.
    9. Act in a manner that is abusive or disrespectful to a SOLE employee, partner, or other SOLE customer. We will not tolerate any abuse in any situation and that includes interaction with our support teams.
    10. Reproduce or copy any of our services (We have the right to pursue compensation in any such event/s).

 

Termination

You can terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

  1. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee. You may choose to terminate your subscription at any time by providing one month’s written notice in advance.
  2. Termination by SOLE: We may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. SOLE may also terminate or suspend your subscription or access to all or any data immediately if:
    1. you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
    2. you breach any of these terms and the breach cannot be remedied,
    3. you fail to pay subscription fees, or
    4. you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
  3. No refunds: No refund is due to you if you terminate your subscription or  SOLE terminates it in accordance with these terms.
  4. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and indemnity

  1. You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
  2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
  3. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
    2. For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
    3. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Disputes

This section outlines how disputes may be resolved.

  1. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support@soleapp.com.au. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  2. No professional advice: Just to be clear, SOLE isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice and we aren’t liable for your use of any information.
  3. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
  4. Notices: Any notice you send to SOLE must be sent to support@sole.com.au.  Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
  5. Consumer laws: There may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
  6. Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.
  7. Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk – like a potential breach of a law or regulation – associated with you, your business, your subscription, or a payment. 
  8. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber. 
  9. Changes to these terms: We sometimes will decide to change these terms of use. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to SOLE. 
  10. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
  11. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

Sole Address in Australia:
25/27 Camille Crescent
Wynnum West QLD 4178