Update 23th September 2023

Privacy Policy

1.           Introduction & definitions

1.1        Dayworkbook” is a website and app (together, the “Site”) owned and operated by DWB Technologies Pty Ltd (ACN 664 072 968) of 79 St Georges Terrace, Perth, Western Australia.

1.2        These Terms apply to your use of our Site and our Services.  To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.  If you do not agree to these Terms, you must not use our Site or our Services.

1.3        In these Terms, these words and expressions have the following meaning unless the context requires otherwise:

(a)         App means any version of the Dayworksbook app that can be downloaded and installed on your various devices, including as updated or amended from time to time;

(b)         Service or Services means the services that we provide now, or will provide in the future, including the facilitation of day work timesheet recording and invoicing, as more fully described on the Site from time to time;

(c)         Site means our Website together with our App(s);

(d)         Subscriber means you, after you have paid for a Subscription to use our Services via our Site, whether for yourself or for the corporate entity that you represent;

(e)         Terms means these Terms of Use, including any document incorporated by reference into these Terms;

(f)          User means any person who, pursuant to the relevant Subscription, is entitled to use our Services under that Subscription;

(g)         User Content means any content, information or data that you upload or post to the Site, which may include personal information about you or others.  In particular, this includes information that forms the basis for your “day works” sheets and invoicing  and billing information for your customers of clients;

(h)         We, our and us means DWB Technologies Pty Ltd (ACN 664 072 968), the owner and operator of the Site and the provider of the Services, together with (if applicable) our legally permitted assigns;

(i)           Website means our website at the URL dayworkbook.com as may be updated or amended from time to time; and

(j)           You and your means you and any corporate entity that you are authorised to represent when you purchase a subscription to use our Services.

2.           Accessing our Website

2.1        If you access this Website as a visitor without becoming a Subscriber or using our Services, you must nonetheless comply with these Terms to the extent that they apply to a person who does not purchase our Services, in particular clauses 7, 10.3, 10.4, 11 and 13 onwards.

3.           Access to, and provision of our Services

3.1        We provide our Services both through our Website and our App(s) to Subscribers who have created an account with us and pay the relevant price for their Subscription.  Information about our current Subscription packages is available at this link, and that information forms a part of these Terms.

3.2        When you are a Subscriber, we grant you the right to use our Services subject to these Terms, based on the type of your Subscription, for the duration of the period you remain a paid-up Subscriber, or until termination in accordance with these Terms. 

3.3        We may offer different levels of User access depending on which type of Subscription that you purchase.  You are responsible for ensuring that each User who accesses our Services under your Subscription complies with these Terms, and are responsible for each User’s conduct when they are using the Services.

3.4        We may update our Services or Subscription packages from time to time.  If we do so, any changes will not apply retrospectively to your current Subscription.  We will let you know in advance of any changes that may apply to your Subscription type when you renew or extend your Subscription.

3.5        You must keep up to date your account information, including your email address, contact details and billing information.  You are also responsible for providing true, complete and accurate information and for verifying information that you use from our Services for the purposes of your legal compliance and tax obligations.

3.6        You must keep your account details (including log in, password and any other user identification or security details) safe and confidential, and must not disclose them to any third party.  We have the right to disable any User’s password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.  If you know or suspect that anyone other than you knows your log in or access details, you must promptly notify us

4.           Pricing & payment

4.1        You must pay our fees in order to receive our Services.  Information about our current fees and pricing plans for our Services are published on the Site at this dayworkbook.com.  That pricing information forms a part of these Terms.  We may offer Subscriptions based on monthly fees, which may be paid either monthly or annually. 

4.2        Our fees are payable in advance of your Subscription period commencing.  Our Subscription packages renew at the end of their duration, unless you elect to cancel your Subscription.  We will send you notice of your Subscription’s forthcoming renewal at least 30 days in advance, which gives you the opportunity to cancel its renewal if you wish to do so. 

4.3        We may change or update our pricing from time to time.  If we do so, any changes will not apply retrospectively to your Subscription.  We will let you know in advance of any pricing changes that may apply to your Subscription type when you renew or extend your Subscription.

4.4        Our prices will express whether they are inclusive or exclusive of goods and services tax (GST).  You are obliged to pay us the relevant amount of GST.  We will issue a tax invoice when we invoice you. 

4.5        The payment methods that we accept will be displayed at the payment portal of our Site.  These may include third party payment services, and you are responsible for complying with the terms and conditions of third party payment providers when making your payments to us.

4.6        When you subscribe for the first time, you may be able to opt for a trial period, based on the pricing terms applicable at the time.  If you choose to use our Services after the duration of the trial period, you will be billed for your Subscription when you add your billing details to your account.  If you do not want to continue after your trial period concludes, you may cancel your account, and clauses 6.6 and 6.7 below will apply in respect of any of your User Content.

5.           Termination by Subscribers

5.1        This section of these Terms applies to the termination of our Services by Subscribers.  Section 12 below is about our ability to terminate our Services in certain circumstances.

5.2        Subscribers may terminate their Subscription with us at any time.  If you terminate your Subscription, your access to the Services will cease, and you will no longer be able to access your User Content that has been uploaded or posted as part of the Services.

5.3        When you terminate under this clause 5, as it is your choice to terminate, we will not refund any fees that you have paid for your Subscription.  If you later change your mind and wish to reactivate your account before your Subscription’s original scheduled expiry date, please contact us.  We may charge an account re-opening fee (as set out in our pricing information at this link) to cover our administrative costs of doing so.

5.4        Nothing in this Section 5 is intended to exclude, restrict or modify the application of any law, including any provision of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) that cannot be excluded by law.

6.           User Content, your data & privacy

6.1        We acknowledge that we do not own any rights in User Content that you upload or post as part of your use of our Services.  Subject to these Terms, you grant us a royalty-free licence to use, copy, transmit, store, analyse and back up all of your User Content including to enable us to provide the Services.

6.2        We acknowledge that your User Content may be confidential to your or your business, and we will not make your User Content available to any third party, other than as required to implement the provision of our Services.  (An example of this may be where we are required to send invoices or reports on your behalf to your clients or customers.). We may also disclose any User Content where we are required to do so pursuant to any applicable law, including if required by any order made by a court with competent jurisdiction.

6.3        It is a condition of using our Services that you are responsible for obtaining the consent of your clients of customers to use our Services in the course of your business, and you promise us that you have obtained, or will obtain, such consent.  This includes consent to include your client’s or customer’s information in your User Content, which may include their name, contact details, business registration details, and any other information that may be required for us to provide you with our Services.  You indemnify us for any loss or claims that we may incur as a result of your breach of this promise.

6.4        We will use any personal information you provide to us to provide the Services and process your payment for the Services.  Further details of how we will process personal information are set out in our privacy policy, which can be found at this link.

6.5        You may delete any or all of your User Data at any time while your Subscription is still current.  In such case, our licence to use that particular User Data will cease.

6.6        When you close your account, or your Subscription is terminated (whether by you or by us), your User Data is archived.  If you would like to access your User Data after you terminate your Subscription, please contact us to reactivate your account.  Reactivation of your account requires payment of our then current Subscription fees.  We may charge an account re-opening fee (as set out in our pricing information at this link) to cover our administrative costs of doing so.

6.7        We retain User Data for 1 year after a Subscriber’s account is cancelled or expires, in case you need that User Data again as part of your record keeping obligations.  If you wish us to delete your User Data entirely, please contact us. 

6.8        We may create anonymised statistical data from your User Data and your use of our Services, including through aggregation.  Once anonymised, we may use it for our own purposes, including to provide our Services, and to develop new services.

6.9        You represent and warrant that:

  • you own or control all rights in and to your User Content and have the right to grant the license granted above to us;
  • all of your User Content will comply with these Terms, including the User Standards set out in clause 10 below;
  • you understand and acknowledge that you are responsible for any User Content you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • we are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
  • We have the right in our sole discretion to remove or delete, refuse to post or accept, or take any action with respect to any User Content that in our reasonable opinion is in breach of these Terms.

6.11     You indemnify us for any breach of the warranties in this section 6 of these Terms. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  

6.12     In the event of a breach of any of your obligations under this section 6 of these Terms, your right to use the Site and our Services will cease immediately.

7.           Our Intellectual property

7.1        Except for your User Content, we own all right, title and interest in our Site and the Services, unless otherwise stated. 

7.2        This includes all intellectual property (in particular copyright) in the content of our Site (including text, graphics, logos, icons, sound recordings and software) which is owned or licensed by us.  Information or content that has been procured from a third party may be the subject of copyright owned by that third party.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site; or
  • commercialise any information, products or services obtained from any part of our Site;

without our written permission or, in the case of third party content, from the owner of the copyright in that content.

7.3        Our trading name and logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors.  You must not use such trade marks without our prior written permission unless they are included in a deliverable that forms a part of our Services. Other names, logos, product and service names, designs and slogans on our Site are the trade marks of their respective owners and are used by us under licence.

7.4        We grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence to use our intellectual property in the Site (excluding your User Content) for the purpose of you receiving and using the Services.  

7.5        You may link to our Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Our Site must not be framed or mirrored on any other website.

7.6        Where our Site contains links to other sites (including via any third party advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

8.           Site operation (maintenance, downtime, data loss)

8.1        Subject to the following, we will endeavour to ensure that our Site and our Services remain generally accessible at all times.  However, we do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.  We may, on occasion, need to suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.  There may be occasions when our Site is not available for reasons that are outside our control.

8.2        You acknowledge that data loss is an unavoidable risk on the Internet.  You are responsible for maintaining copies of your User Content.  Our Site includes a data export function to facilitate this for you.

8.3        From time-to-time, we may release updated versions of our Site, Website and App, which may introduce or discontinue certain features.  We will attempt to let you know when a new version of our App is available for installation.  You are responsible for maintaining the current version of the App to continue to use our Services, as out-of-date versions may have degraded functionality and no longer fully implement our Services to you.

8.4        Whatever the cause of any downtime, loss of access or data loss, your only recourse is to discontinue using our Services.

9.           Security

9.1        We have taken steps to keep our Site, and your User Content, safe and secure, and we will remain diligent toward maintaining the Site and keeping your User Content secure.  However, you acknowledge that no method of electronic data storage is completely secure, and we cannot guarantee absolute security.  We may notify you if we have reason to believe that anyone has accessed your account or User Data without authorisation.

9.2        We require you to also take steps to help maintain the safety and security of our Site and your User Content, to assist us to be able to continue offering our Services to you and to other users.  These steps include, where implemented, multi-factor authentication, strong passwords, and other similar security features around your account.

10.        User Standards

10.1     You may use our Site and our Services only for lawful purposes and in accordance with these Terms.  This includes the User Content that you may upload or post as part of the Services.

10.2     User Content must comply with all applicable federal, state, local and international laws and regulations. In particular, User Content must not:

  • contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
  • be likely to mislead or deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
  • involve content such as contests, sweepstakes and other sales promotions, barter or advertising;
  • give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;

10.3     Similarly, you agree that you must not generally use the Site or our Services:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 10.2 of these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • to infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.

10.4     Additionally, you must not:

  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material or User Content on the Site;
  • use our intellectual property or any content on our Site, nor another person’s User Content, as a non-fungible token (NFT) or an immutable digital asset intended for sale or other distribution;
  • use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Site;
  • must not use any content on our Site, including User Content, for the development of any software program, including for the purpose of machine learning or training an artificial intelligence system;
  • use any device, software or routine that interferes with the proper working of the Site;
  • introduce to the Site or to any other User of the Site any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site.

10.5     We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our Site and Services will cease immediately.

10.6     We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property or other legal rights, or of their right to privacy.

11.        Liability & indemnity

11.1     You accept that the Site and our Services are not professional advice, and while we may provide information that might be useful to you in running your business, this is not a substitute for obtaining advice from professional advisers.  We will not be liable for your reliance on information that we may provide in this way. 

11.2     Nothing in these Terms limits or excludes our liability:

  • for death or personal injury caused by our negligence or wilful misconduct or that of our employees, as applicable;
  • for fraud or fraudulent misrepresentation by us or our employees, as applicable; or
  • where liability cannot be limited or excluded by applicable law.

11.3     Subject to clause 11.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits; loss of sales or business; loss of production; loss of agreements or contracts; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill; loss of reputation; or loss of use or corruption of software, data or information.

11.4     Subject to clause 11.3, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of services under these Terms, including any breach by us of these Terms however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of fees that you paid for your Subscription.

11.5     Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.

11.6     If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.

11.7     This clause 11 will survive termination of these Terms.

12.        Termination for breach of these Terms

12.1     Without affecting any of our other rights, we may suspend the performance of Services, or terminate your account with immediate effect by giving written notice to you if:

  • you fail to pay any undisputed amount due under these Terms on the due date for payment;
  • another clause of these Terms provides that we may terminate; or
  • you commit a material breach of any of these Terms and you fail to remedy that breach within a period of 14 days after being notified in writing to do so.

12.2     Termination of these Terms does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of these Terms that existed at or before the date of termination.

13.        Amendment

13.1     We may amend these Terms from time to time.  We will not make any changes retrospectively, and we will give you at least 30 days’ notice prior to any amendments taking effect.  If you do not accept the modified Terms that are notified, you may terminate your Subscription. 

14.        Assignment

14.1     We may assign or transfer our rights and obligations under these Terms to another entity, but will always notify you in writing prior this happening.

14.2     Your User account is personal to you.  Accordingly, you may not assign or transfer your account, or any rights or your obligations under these Terms to any other person, unless we agree in writing.  A breach of this provision by you entitles us to terminate these Terms immediately.

15.        Disputes

15.1     We aim to resolve disputes and concerns quickly with you.  In the first instance, you agree to first contact us about any dispute or complaint using the contact details in clause 21 below.

15.2     If the dispute cannot be resolved within a reasonable time, you and we agree that the dispute will be resolved through a binding arbitration or small claims court or tribunal in an Australian jurisdiction, rather than in a court of general jurisdiction.

16.        Notices

16.1     Any notice or other communication given under or regarding these Terms must be in writing and be delivered by email.  You agree that we will send any such notices to the email address registered for your account.  You must send any notices to the email address set out in clause 21 below.

17.        Relationship

17.1     These Terms are between you and us.  No other person has any rights to enforce any of these Terms.

18.        No waiver

18.1     Any forbearance, delay or omission to exercise any right under these Terms must not be construed as a waiver of that right in either the present or on any future occasion.

19.        Severability

19.1     If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.

20.        Governing law & jurisdiction

20.1     These Terms, their subject matter and their formation, are governed by the law of Western Australia.  You and we both agree that the courts of Western Australia and the Commonwealth of Australia will have exclusive jurisdiction.

21.        Contact us

To contact us, please use the following contact details:

(a)         Email: admin@dayworkbook.com

(b)         Telephone: +61 437 330 777

(c)         Postal Address:  79 St George Terrace, Perth WA 6000