Terms and Conditions

TERMS AND CONDITIONS OF USE: PLEASE READ CAREFULLY

These Terms and Conditions of Use (Agreement) form a legal agreement between you and Howdy Global Pty Limited ACN 672 900 408 of 1356A Paterson Road, Duns Creek NSW 2321 (“Howdy”).

This Agreement may be accepted by doing either one or more of the following:

If you do not agree with these terms, or do not understand any part of this Agreement, then do not access or otherwise use the App.  The App may not be sold, transferred or further distributed except as authorised by Howdy. 

The App may include, be bundled with or require installation of other software programs licensed under different terms and/or licensed by a vendor other than Howdy.  Use of any software programs accompanied by a separate licence agreement is governed by that separate licence agreement.  Any third-party software that may be provided with the App is included for use at your option.  Howdy is not responsible for any third party’s software and shall have no liability for your use of the third-party software.

Where the following words are not already defined in another part of this Agreement:

App means the “Howdy” application developed by Howdy and includes any upgrades of the App issued or made by Howdy from time to time.

Commencement Date means the date of acceptance of this Agreement in accordance with clause 1 above.

Confidential Information means the content of this Agreement, any information of a party which is marked confidential and any information which is by its nature confidential.

Cooling Off Period means the period that is within 24 hours from the time of payment of the Subscription Fee for the first month. 

Data means any information entered into and contained in the App from time to time, which may include your personal or private information.

Intellectual Property Rights means: 

Source Code means computer programs in un-compiled human-readable English language format, which comprise the Software.

Subscription Fee means the subscription fee of $30.80 (including GST) per month payable by you to Howdy for access and use of the App as varied by Howdy from time to time.

Taxes means taxes duties, tariffs, excise and other imposts whether levied by the Commonwealth of Australia or the relevant governing body of any other jurisdiction.

You must register for an account before you are able to access the App. 

You are not authorised to create an account or use the App unless all of the following are true, and by using our App, you represent and warrant that you:

You can create an account by downloading the App through a third party store, such as the Apple App Store or Google Play Store. 

You can create an account by using your Apple ID, Google account, Facebook account or email login details. If you create an account using your Facebook login details, you authorise Howdy to access, display and use certain information from your Facebook account, including but not limited to your public Facebook profile. 

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the App, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately at accounts@howdyglobal.com.au.  

By signing up for a subscription to the App, you agree to pay the Subscription Fee.  

You may pay the Subscription Fee for the App by paying with your credit card, debit card, or PayPal account, which will be processed . You acknowledge and agree to the terms and conditions of service for each provider, which can be found .

First time subscribers are eligible to receive a 7-day free trial (Free Trial Period) to use the App during which you may cancel your subscription at any time without being charged. Howdy will charge the Subscription Fee via your chosen payment method for the first month of the subscription immediately on expiry of the Free Trial Period. If you cancel your subscription after the Free Trial Period, the Subscription Fee for the first month will not be refunded, and your subscription will remain active until the end of that billing period.

Your subscription to the App will continue to automatically renew at the end of each billing period, and your payment method will be charged until you cancel your subscription to the App. 

If you decide to cancel your subscription during the Cooling Off Period, you will receive a full refund of the Subscription Fee for the first month. 

The Subscription Fee is exclusive of all Taxes. If any Taxes are imposed on the Subscription Fee then you will be liable for payment of the Taxes in addition to the Subscription Fee, at the same time and in the same manner as the Subscription Fee.

If you fail to pay any amount owing under this Agreement by the due date, Howdy is at liberty to suspend access to the App immediately until payment has been made in full or the Agreement has been terminated.

This Agreement will commence on the Commencement Date and will continue until terminated in accordance with the terms of this Agreement.  

Your subscription will automatically renew on a monthly basis at which time you will be charged the Subscription Fee.

You can terminate your subscription at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your subscription. Please note that deleting the App from your device will not terminate or cancel your subscription.

Howdy will retain all funds charged to your nominated payment method until you terminate or cancel your subscription on the App. 

If you terminate or cancel your subscription, you will have access to the App for the remainder of the period for which you have paid. You will not receive any pro-rata refund of the Subscription Fee for the remainder of the period for which you have paid.

Without limiting any other provision of this Agreement, Howdy reserves the right to investigate and/or terminate your account without a refund of any Subscription Fees if you have violated this Agreement, misused the App or behaved in a way that Howdy regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

On termination for whatever reason, all your rights to use the App cease.

Howdy is authorised to grant rights in the App as set out in this Agreement. 

Howdy grants you a non-exclusive and non-transferable right to use and access the App in accordance with the terms of this Agreement. 

Subject to you complying with your obligations under this Agreement and in consideration of the payment of Subscription Fee by you, Howdy will allow you to logon to and use the App, as soon as it has been configured for your access.

You must use the App strictly in accordance with the terms of this Agreement. 

You will be responsible for protecting the App from unauthorised access or use to the extent that you must ensure logon details are kept secret and are altered frequently. 

Howdy will otherwise make every effort to safeguard the App from external threats such as hacking and virus. However, you acknowledge that Howdy cannot guarantee the absolute security of the App.

You agree to:

You agree that you will not:

Howdy will collect data (via the App) on the basis of documents and/or information provided by you. Howdy does not (and cannot) verify or warrant the validity or accuracy of such information.

Howdy will monitor the App for any content posted by users which may be in breach of this Agreement. Howdy reserves the right to delete any content (in whole or in part) which in Howdy’s sole opinion violates this Agreement or may harm others and/or the reputation of Howdy.

Although Howdy reserves the right to review and remove content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Howdy cannot guarantee that all content will comply with this Agreement. 

If you see content on the App that violates this Agreement, please report it within the App, our email at enquiries@howdyglobal.com.au or via our website at www.howdyglobal.com.au. 

Howdy continually monitors the App and applies bug fixes as the need arises.  Howdy reserves the right to prioritise such fixes in a way that in Howdy’s reasonable opinion has least impact on the App and all its users. 

Howdy cannot guarantee the App will be available at all times. Howdy may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. 

Howdy reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you.

You agree that Howdy has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in this Agreement will be construed to obligate Howdy to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

All rights title and ownership in the App (including all Intellectual Property Rights contained within the App, but excluding the Data you upload into the App) shall at all times vest with Howdy (including without limitation any modifications or developments made to the App either by Howdy or by you with or without the consent of Howdy).  

Nothing in this Agreement grants you ownership of the App or any other rights in respect of the App other than those expressly granted in clause 7. You must not remove or alter any logo, copyright or other proprietary notices, symbols or labels appearing in any of the user interfaces of the App. 

Risk of use, loss of or damage to the App will pass to you on the Commencement Date.

Except as expressly provided in this Agreement and to the extent permitted by law, liability for all representations and warranties, whether implied, express or otherwise, are excluded.

Except as expressly warranted above, Howdy does not warrant or make any representations:

You are responsible for determining that the App is suitable for your own use or purpose.

You assume all risk for any loss or damage resulting directly or indirectly from your use of or inability to use the App.

To the extent permitted by law Howdy will not be liable to you in respect of any consequential, indirect, exemplary or punitive damage (including, but not limited to, loss of actual or anticipated profits or revenues, loss by reason of shutdown or non-operation, increased cost of borrowing, capital or financing, or loss of use or productivity, etc.) whether caused by or in relation to breach of contract, warranty, tort, product liability, contribution or strict liability, whether arising under this Agreement, at law or in equity.

The above clause does not apply to Howdy’s liability in respect of: 

To the extent permitted by law, Howdy’s aggregate liability for any claims made under or in connection with this Agreement will be limited to the Subscription Fee paid by you to Howdy for access to the App. 

Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement (Non-excludable Condition) then this Agreement will be read subject to such Non-excludable Condition.  Where such statute or law permits, Howdy limits its liability to you for breach of such Non-excludable Condition to re-supplying access to the App or paying for the re-supply.

Each party (Indemnifier) indemnifies the other party against all liability, loss, cost or damage caused by any of the following:

provided however that the Indemnifier’s liability under this clause is reduced proportionately to the extent that any negligent act or omission of the other party contributed to the liability.

You acknowledge that the Data contains information which is protected under the Privacy Act 1988 (Cth) as amended from time to time (Privacy Act). 

Howdy agrees to protect and deal with such Data only in accordance with the Privacy Act and will otherwise treat any Data in its control in accordance with its privacy policy, which can be found within the “Settings” tab on the App and on our website at www.howdyglobal.com.au.

Howdy is not responsible or liable for unauthorised access to the App including, without limitation, the unauthorised use of the App or any Data by you or a third party.

Howdy owns the Intellectual Property Rights in or holds an exclusive licence to deal in the App, including any developments or customisation of the App made at your specific request. Where it holds an exclusive licence, Howdy also holds on trust for the owner of the Intellectual Property Rights in the App, any rights to enforce this Agreement for the protection of those Intellectual Property Rights.

In consideration for your compliance with this Agreement, Howdy grants you access to and use of the App for the duration of this Agreement. 

You agree:

This Agreement does not transfer to you any right, title or interest in the App, any customisation or development of the App, the Source Code or any user manuals or collateral or supporting documentation. 

Title to the App and any Intellectual Property Rights existing in the App (including any modifications, enhancements or developments made to the App), remains at all times vested in Howdy. 

A party will not, without the prior written approval of the other party, disclose the other party’s Confidential Information.

A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.

Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this Agreement, do not make public or disclose the other party’s Confidential Information.

Notwithstanding any other provision of this clause, a party may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.

A Force Majeure event means anything outside reasonable control of a party, including but not limited to:

If any party is wholly or partially unable to perform its obligations because of a Force Majeure event except for its obligation to pay money then:

In any dispute arising out of or in connection with this Agreement, both parties agree to first negotiate in good faith with the other party to resolve it. 

If the dispute is not resolved by those negotiations within thirty (30) days, you agree that the matter may be referred to the Australian Commercial Dispute Centre Limited (ACDC) for resolution by mediation and if necessary, by arbitration in accordance with the Conciliation Rules of the ACDC.

All notices which are required to be given under this Agreement will be in writing and will be sent to the address of the recipient as may be set out in a proposal or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand, by pre-paid letter, facsimile or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by pre-paid letter) or on transmission by the sender (if sent by facsimile) or upon receipt of delivery confirmation or “read receipt” by the sender (if sent by email).

Clauses 10, 13, 14, 15, 17, 20 and this clause will survive the termination or expiry of the other provisions of this Agreement.

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.

This Agreement overrides the provisions of any other documentation in relation to the App. 

Howdy reserves the right to modify this Agreement from time to time. If Howdy makes any changes to this Agreement, Howdy will provide you with reasonable notice of the modifications. If you do not provide notice to terminate before the date the revised Agreement becomes effective, your continued access to or use of the App will constitute acceptance of the revised Agreement.

This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to its subject matter. No addition to or modification of any provision of this Agreement will be binding upon the parties unless made by written instrument signed by a duly authorised representative of both parties.

You must not assign, whether in whole or part, the benefit of this Agreement or any rights or obligations hereunder, without the prior written consent of Howdy.

Howdy may assign any rights or benefits under this Agreement without your prior written consent. You must do all things and sign all documents to give effect to any assignment by Howdy.

No forbearance, delay or indulgence by a party in enforcing the provisions of this Agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.

Should any part of this Agreement be or become invalid, that part will be severed from this Agreement. Such invalidity will not affect the validity of the remaining provisions of the Agreement.

If you have any questions, complaints or claims with respect to the App or this Agreement, please contact us at enquiries@howdyglobal.com.au or through our website at www.howdyglobal.com.au.