Effective: December 11, 2016
1) What is Fillr?
The Fillr technology was developed by Pop Tech Pty Ltd (ABN 82 164 555 748) (“us”, “we” or “our”) to allow you to populate data fields in electronic forms and databases with your data stored within the Fillr application installed on your mobile or desktop device. The Fillr technology may be accessible via our Fillr mobile applications, desktop extensions, websites or such other Fillr software we develop from time to time, and any updates to those items (together “Fillr Products”).
These terms and conditions form a legal contract between you and us in relation to your use of any Fillr Product. It is important that you read and understand them before using a Fillr Product as DOWNLOADING OR USING ANY FILLR PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2) Minimum requirements
In order to use a Fillr Product, you will need a device using an internet browser with third party extension capabilities and access to 3G or greater cellular or wireless data internet connection or an equivalent device (“Device”). Apple mobile Devices must be running the latest version of iOS 8 or greater. Android mobile Products must be running Android 4.0 or greater. We reserve the right to change these minimum requirements from time to time. You will also need to register as a Fillr user and set up your Fillr account (your “Fillr Profile”) by setting a PIN.
We are not responsible or liable for any loss, damage or other liability arising in connection with your failure to meet these minimum requirements.
(a) We do not charge you for using a Fillr Product. However, you may incur charges from your internet or mobile service provider for downloading and using a Fillr Product. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your applicable service provider.
(b) It is also possible that when you use a Fillr Product to populate third party electronic forms, you may be charged fees by those third parties in relation to those forms or any goods or services to which they relate. Again, such charges are your sole responsibility and are matters between you and the relevant third parties. You agree that we are not liable for any losses you may incur from third parties as a result of your incorrect or inappropriate use of Fillr.
5) Security of your personal information and your obligations
(a) The information you input into your Fillr Profile (“Stored Information”) is stored locally on your Device. WE DO NOT STORE, OR BACK UP, YOUR STORED INFORMATION, AND IT WON’T BE STORED OR BACKED UP UNLESS YOU SO CHOOSE TO BACK IT UP.
(b) If your Device is lost or stolen, hacked into or you allow others to use it without your supervision, others may be able to retrieve and use your Stored Information stored within your Fillr Profile on that Device. If your Device is lost or stolen, you can remotely erase the contents of your Device, including any Stored Information, via the remote data wipe feature of your Device (if applicable). Accordingly, we recommend you activate this feature on your Device if available.
(c) Whilst Fillr uses military grade 256-bit AES encryption to secure your Stored Information, we do not, and cannot, warrant that such security measures will be sufficient to prevent unauthorized use of your Stored Information, including preventing hackers from targeting your Device and accessing your Stored Information. Your use of each Fillr Product is at your own risk and by using a Fillr Product, you agree that we will not be liable for any loss arising from any security breach relating to your Device, or to any theft or misuse by others of your Stored Information, or use of your Stored Information transferred via Fillr to an electronic form, database, website, computer system or platform.
(d) To minimize the risk of unauthorized use of your Stored Information, we recommend that you:
i. not leave your Device unattended;
ii. enable the PIN Request feature within your Fillr Profile settings and keep your PIN confidential;
iii. remotely erase the contents of your Device immediately where there is a risk that your Stored Information may be used or accessed without your authority;
iv. lock your Device or take other steps necessary to prevent unauthorized use of the Fillr Product installed on your Device;
v. only install approved applications on your Device;
vi. not override the software lockdown on your Device (eg, jailbreak your Device);
vii. verify the authenticity and trustworthiness of any person or business to whom you provide your Stored Information via a Fillr Product; and
viii. confirming that the appropriate Stored Information is selected to be input into the relevant data field of the electronic form before submitting the electronic form or confirming the transfer of the Stored Information to the third party. Whilst we pride ourselves on being the most accurate autofill product you will find, it’s possible that our technology may not get it right 100% of the time, so you agree that you will not rely solely on the Fillr Product to identify and populate the data fields with the correct Stored Information and you will check, verify and confirm that the correct Stored Information has been input into the relevant data field in the electronic form or database before agreeing to transfer that Stored Information to third parties.
6) Your other obligations in relation to using a Fillr Product
You agree that you will not:
(a) use a Fillr Product for any purpose other than the purposes we specify from time to time. Currently, the Fillr Products are only to be used for storing your personal information and populating data fields in electronic forms with that information;
(b) without limiting the generality of clause 6(a), use a Fillr Product to transmit any computer viruses, worms, trojan horses or other malware, or to trespass or burden network capacity;
(c) act fraudulently or maliciously in relation to any Fillr Product or any related software;
(d) copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into any Fillr Product or any related software;
(e) use any Fillr Product to engage in fraud or misleading or deceptive conduct. For example, you will not use any Fillr Product to provide anyone with false or misleading Stored Information about you or any other person;
(f) apply or register, or attempt to register, any intellectual property rights in, or associated with, any Fillr Product in any form or format, or jurisdiction, whatsoever; or
(g) use any automatic, electronic or manual process to harvest information from the Fillr Product (including without limitation robots, spiders or scripts).
7) Exclusion of all legally excludable liability
(a) The Fillr Product is a tool to facilitate, expedite and improve the accuracy of the populating electronic forms and databases with your Stored Information via your Device. The Fillr technology is designed to integrate with any electronic form or database, including those which are freely accessible on the internet and, as such, we do not, and cannot, verify or be liable for:
(i) the authenticity or trustworthiness of the electronic forms or databases which you may populate using a Fillr Product;
(ii) the authenticity or trustworthiness of the businesses or organizations to which your Stored Information will be transferred when you use a Fillr Product; or
(iii) the use of your Stored Information by such businesses and organizations.
(b) To the full extent permitted by law and subject to any implied condition, warranty or right, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot be excluded by law:
(i) we exclude all representations, warranties, guarantees, rights or terms (each of which whether express or implied by custom, the general law or statute) other than those expressly set out in these Terms; and
(ii) we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages, or liability arising from any inability of your Device to access or use a Fillr Product, or for any loss or damage to your Device resulting from your access or use, or attempted access or use, of any Fillr Product (including downloading any associated applications to use a Fillr Product).
(c) Where any condition, warranty, guarantee or right is implied by law, or statutory consumer guarantee cannot be excluded, our liability for any breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee, is limited either as provided under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010, or, otherwise to the extent permitted by law. In particular, to the extent possible, we limit our liability in respect of any claim to, at our option: (a) in the case of goods supplied by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired, and (b) in the case of services supplied by us: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
(d) Subject to these Terms and to the extent permitted by law, you acknowledge that we will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct, indirect or consequential loss, costs or damages that you incur or are liable for in connection with your use of a Fillr Product, including, but not limited to, loss or damage directly or indirectly caused by a Fillr Product, or loss of connection to the Fillr Product, or interruption to your use of a Fillr Product. You acknowledge that you will not have a claim against us for any delay in your access to, or the performance of the services provided by, a Fillr Product even where the delay was our fault, including in relation to the loss of profit, loss of opportunity or other consequential loss.
11) Unauthorized use of intellectual property
(a) No right, title or interest in the intellectual property rights in, or associated with, any Fillr Product or any other product or service we provide, is transferred to you in connection with your use of a Fillr Product.
(b) You acknowledge that any unauthorized reproduction by you of any proprietary information or other intellectual property in, or provided or available via, a Fillr Product or any portion of it may result in legal action being taken against you.
12) Suspension or termination of use and service quality
We may suspend or terminate your use of a Fillr Product at any time. The provision, and subsequent use, of a Fillr Product is subject to the reliability and availability of third party service providers including software providers and network service providers. We will not be liable for any direct or indirect loss suffered by you, as a result of a reduced level of service or the suspension or termination of your Fillr Product.
You agree to indemnify, and hold harmless, us against any loss, expense, damage or liability incurred as a result of, or in connection with, your use of any Fillr Product or any service used in connection with a Fillr Product.
14) Changes to Fillr and these terms and conditions
We may amend, replace or add to these terms and conditions at any time. We will notify you of this by:
(a) posting information on the Fillr website at https://www.fillr.com/terms-site; or
(b) emailing such changes to you at the email address you have provided to us in accordance with these terms.
If you do not provide us with your email address, or unsubscribe from receiving email communications from us, you may not be made aware of any changes unless and until you visit our website.
15) Provisions relating to Apple and the App Store
(a) This clause 15 applies only if you downloaded a Fillr Product through Apple's App Store.
(b) You and we acknowledge that these terms and conditions are concluded between you and us only, and not with Apple Inc. or any of its related bodies corporate (Apple). We, and not Apple, are solely responsible for the Fillr Product and its content, as provided for in these terms and conditions.
(c) To the extent that there is any conflict between these terms and conditions and the Usage Rules set forth for Licensed Applications in, or these terms and conditions otherwise conflict with, Apple's App Store Terms of Service (which you acknowledge you have had an opportunity to review), those Usage Rules and the App Store Terms of Service prevail.
(d) The license granted to you under clause 3 is limited to a non-transferable license to use the Fillr Product on any Apple Device that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(e) We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Fillr Product, and that we are solely responsible for doing so in accordance with these terms and conditions and any applicable law.
(f) We are solely responsible for meeting all warranties and guarantees in connection with the Fillr Product (or any related advice) which may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. If the Fillr Product does not meet any such warranty or guarantee, you may notify Apple, and Apple will refund to you the price (if any) that you paid to download the Fillr Product from the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Fillr Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the limitations and exclusions set out in these terms.
(g) We and you acknowledge that we, and not Apple, are responsible for addressing any claims you or any third party may have relating to a Fillr Product or your possession and/or use of a Fillr Product which we may be liable for under these terms and conditions or at law, including, but not limited to, any claims not excluded under these terms.
(h) We and you acknowledge that, in the event of any third party claim that a Fillr Product or your possession and use of a Fillr Product infringes that third party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(i) You represent and warrant that:
i. you are not located in a country that is subject to an embargo imposed by the government of the United States of America (U.S.), or that has been designated by the U.S. government as a terrorist supporting country; and
ii. you are not listed on any U.S. government list of prohibited or restricted parties.
(j) These terms and conditions are for the benefit of Apple and its subsidiaries as well as us. Apple (and its subsidiaries) will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary thereof, even though Apple is not a party to them.
16) Provisions relating to Google services
The Fillr Products make use of several Google services to enhance your user experience, including facilitating the input of information from your Google account into your Fillr Profile and providing location based information to help us improve the service we provide to you. Accordingly, Google's Terms of Service, as amended from time to time (currently located at https://www.google.com/intl/en/policies/terms/) is incorporated into these Terms & Conditions. By using a Fillr Product, you will be bound by Google’s Terms of Service.
(a) These terms and conditions are governed by the laws of Victoria, Australia and by using a Fillr Product, you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these terms or any other matters directly or indirectly relating to these terms.
(b) No delay or failure to act on our part will be construed as a waiver of, or in any way prejudice, any of our rights under or in connection with these terms and conditions. No waiver by us will be effective unless it is in writing. A waiver by us of a breach of these terms by you will not waive any other breach.
(c) By installing a Fillr Product on your Device, you agree to receive these terms and conditions and any amendments to them electronically and understand we will not send you a paper copy.
17) Contacting us
You may contact us as follows:
Address: Studio 6 / 249-251 Chapel Street, Prahran, Victoria, 3181
Specific provisions applicable to European residents
If you are a resident of a country within the European Economic Area, the above Fillr Terms & Conditions apply to you as amended by the following provisions:
1. Without prejudice to the rights afforded to you, if any, the prohibition in Section 6(d) of the Terms & Conditions is limited allow to reverse engineering of software for interoperability purposes to the extent permitted under the applicable mandatory legal provisions applying in your jurisdiction;
2. If you are a resident of France, notwithstanding the provisions of Section 16(a) of the Terms & Conditions, the Terms & Conditions and the relationship between you and us will be governed by the laws of France.
3. If you are a resident of an EU country other than France, Section 16(a) of the Terms & Conditions is removed and replaced by the following: "These Terms & Conditions shall be governed by the laws of the EU country in which you live and you may therefore bring a claim to enforce your consumer protection rights in connection with these Terms & Conditions in the courts of such EU country."
4. Section 14 of the Terms & Conditions is to be amended by adding the following sentence after the last sentence: “Any changes to these Terms & Conditions will be effective fourteen (14) calendar days following our dispatch of an e-mail notice to all Fillr users who have provided their email address."