Thanks for choosing to use Cloud Happy!

To make it easier for you to understand the terms on which we provide you with access to our Platform, we’ve tried to keep these terms of use (Terms) as simple as possible.

When we talk about “Cloud Happy,” “we,” “our,” or “us” in these Terms, we are referring to CLOUD HAPPY PTY LTD ABN 26 603 035 972. When we talk about the “Platform” in these Terms, we are referring to our website, our web-based applications and any associated services we offer to you via the website.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

These Terms set out the terms and conditions that apply when you use the Platform. These Terms are incorporated into, and form part of, the Cloud Happy Online Service Agreement located here. By using the Platform, you agree to the Cloud Happy Online Service Agreement.

In order to use some aspects of the Platform, you’ll be required to sign up for an account (Cloud Happy Account). There are two types of Cloud Happy Accounts:

• “Organisation Accounts” which are administrator accounts set up by users on behalf of a company, organisation, team or group; and
• “User Accounts”, which are accounts set up by individual users who have been invited to use the Platform through an Organisation Account.

When you register for a Cloud Happy Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

a. maintaining the confidentiality and security of your Cloud Happy Account information and your password; and

b. any activities and those of any third party that occur through your Cloud Happy Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Cloud Happy Account information or your password.

We’ll need you to make a few promises about the way you’ll use the Platform.

You agree:

a. not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent;

b. not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

c. not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

d. not to attempt to breach the security of the Platform or Cloud Happy’ system security, or otherwise interfere with the normal function of the Platform, including by:

i. gaining unauthorised access to Cloud Happy Accounts or data about other users of the Platform;

ii. scanning, probing or testing the Platform for security vulnerabilities;

iii. overload, flood, mailbomb, crash or submit a virus to the Platform or Cloud Happy’ system; or

iv. instigate or participate in a denial-of-service attack against the Platform or Cloud Happy’ system; and

e. to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Platform comply with the Terms.

4.1 Types of content

As part of using the Platform, you’ll be uploading the following two types of content (together, Posted Materials):

a. Content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by posting on our website, or by contacting us, or when you register a Cloud Happy Account (Shared Content).

b. Your private content, information and materials which you upload for the purpose of using the Platform, which you can access through Cloud Happy Account (Private Content).

b. the Shared Content is accurate and true at the time it is provided;

c. any Shared Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

d. the Shared Content is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

e. the Shared Content is not “passing off” of any product or service and does not constitute unfair competition;

f. the Shared Content does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);

g. the Shared Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

h. the Shared Content does not breach or infringe any applicable laws, regulations or orders.

By uploading any Shared Content, you grant to Cloud Happy (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Cloud Happy to use, exploit or otherwise enjoy the benefit of such Posted Material.

4.4 Removal of shared content

We don’t have any obligations to screen Shared Content in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Shared Content at any time without giving any explanation or justification for removing the material and/or information.

4.5 Private content

All Private Content is yours! We don’t control, verify or endorse the Private Content you or others put on the Platform. You’re responsible for ensuring that, and you represent and warrant that:

a. the Private Content does not infringe any Intellectual Property Rights;

b. the Private Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

c. the Private Content does not breach or infringe any applicable laws.

By uploading any Private Content, you grant to Cloud Happy (and its agents or service providers) the right to transmit, process, use and disclose Private Content and any other information which we obtain through your use of the Platform, but only:

a. to the extent necessary for us to provide the Platform;

d. as otherwise permitted by these Terms.

Unless we indicate otherwise, all materials used in the Platform (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

You can only access and use these materials for the sole purpose of enabling you to use the Platform in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

We respect your confidentiality and we acknowledge that Private Content you provide to us or upload as part of the Platform are confidential to you.

Similarly, as part of your use of the Platform, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes. You agree that any such information we provide is our confidential information.

We both agree that:

b. we will use each other’s confidential information only in connection with these Terms and the Platform; and

c. only share the information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Platform or in connection with these Terms).

However, despite the above, you agree that the following information is not confidential:

The Platform may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

The Platform may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

The Platform are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

c. messages sent through the Platform will be delivered promptly, or delivered at all;

d. information you receive or supply through the Platform will be secure or confidential; or

e. any information provided through the Platform is accurate or true.

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference

To the maximum extent permitted by applicable law, Cloud Happy limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform to $100 (AUD) in aggregate. This includes the transmission of any computer virus.

You agree to indemnify Cloud Happy and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Platform and/or breach of these Terms.

All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Cloud Happy’ liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

a. in the case of goods, their replacement or the supply or equivalent goods or their repair; and

b. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

Under no circumstances will Cloud Happy be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter.

11.1 Account cancellation

You may cancel your Cloud Happy Account using the functionality provided on the Platform. We may revoke your access to the Platform or cancel or restrict access to your Cloud Happy Account at any time, without notice, for any reason.

11.2 Effect of account cancellationon

Upon cancellation, termination or expiry of your Cloud Happy Account, we may delete any Posted Materials associated with your Cloud Happy Account and any data or configurations associated with your Cloud Happy Account. You won’t be able to recover any this after cancellation, termination or expiry of your Cloud Happy Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Cloud Happy Account.

11.3 Survival

The sections titled “Your Content”, “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.

12.1 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

12.2 Assignment

You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Cloud Happy.

12.3 Governing law

This agreement is governed by the law applying in New South Wales, Australia

The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.

12.5 Location of services

Cloud Happy controls the operation of the Platform from headquarters located in Australia. Some Platform or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

We make no representation or warranty that all of the features of the Platform will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

You’re solely responsible for your decision to use the Platform from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Platform.