Summary
This agreement applies when you subscribe to and use OnboardMe. It sets out what services we provide, what you must do as a subscriber (including holding a subscription and using the platform lawfully), how fees work, how Client Data and intellectual property are handled, when the agreement can be terminated, and how we manage confidentiality, privacy, liability and disputes. By obtaining a subscription or using the Services, you agree to these Terms.
Background
Welcome to OnboardMe (the "App", "Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", the subscriber) and OnboardMe Pty Ltd ("we", "us", "our").
By accessing, registering, or using the Service, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must not use the App.
Services
OnboardMe provides a cloud-based platform to support client onboarding, engagement management, and compliance processes for professional service firms, including optional identity verification and AML screening via third-party providers. We do not provide accounting, taxation, financial, or legal advice. Any reliance on outputs, reports, verification results, or templates generated by the App is at your own discretion and risk. Your organisation remains responsible for meeting its own regulatory and AML obligations.
Standard of services
We agree to perform the Services with due care, skill and diligence, in a timely manner and in accordance with applicable laws relating to performance of the Services. We maintain, at our cost, the licences and registrations reasonably required for us to operate the platform as a software provider. We do not replace your professional licences or regulatory authorisations.
Variations
We may update these Terms or modify features of the Service from time to time. Updated Terms will be effective when posted on this page. Continued use constitutes acceptance of the updated Terms.
Accounts and access
To access the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.
- You must provide accurate and current registration information.
- You must notify us immediately of any unauthorised use of your account.
- We are not liable for losses caused by your failure to safeguard credentials.
Subscriber's obligations
You agree to:
- Ensure all data you provide is accurate, lawful, and authorised.
- Comply with all applicable privacy, tax, financial, and anti-money laundering laws when using the Service.
- Obtain consent from your clients before submitting their personal data into the App.
- Not misuse, interfere with, or disrupt the App or its systems.
Restrictions on use
You must not:
- Use the Service for any unlawful, fraudulent, or harmful purpose.
- Reverse engineer, decompile, or copy the Service’s source code.
- Use automated means (bots, scrapers) to access data from the App.
- Introduce malware, viruses, or harmful code into the Service.
Fees and invoicing
Access to certain features may require a paid subscription. By subscribing, you agree to pay all fees in accordance with the pricing plan selected.
- Subscription fees are billed in advance and are non-refundable, except as required by law.
- Failure to pay fees may result in suspension or termination of your account.
- Prices are subject to change with notice. Continued use after notice constitutes acceptance of new pricing.
Availability
While we use best efforts to maintain availability of the Service, we do not guarantee uninterrupted access. Scheduled maintenance, updates, or unforeseen outages may temporarily limit access.
Privacy
Your use of the Service is also governed by our Privacy Policy and, where we process your clients' personal information on your organisation's behalf, our Data Processing Agreement (which is incorporated into these Terms). Personal information is handled as described in those documents, not because use of the Service is treated as consent for all processing.
Primary production data for this deployment is hosted in the Rackzar in Cape Town. Encryption and related controls are described in the Privacy Policy and our Information security & business continuity policy. Where identity verification or AML screening features are enabled, related personal information is shared with ComplyCube and processed/stored in the United Kingdom, as set out in the Privacy Policy. You acknowledge that no method of electronic storage or transmission is 100% secure.
Confidentiality
Both parties agree to treat all non-public information exchanged under these Terms as confidential. Confidential information must not be disclosed to third parties except as required by law or with prior written consent.
Termination
We may suspend or terminate your access at any time if you breach these Terms, fail to pay fees, or if required by law. Upon termination, your right to use the Service will immediately cease. Certain provisions (including liability, indemnity, and confidentiality) survive termination.
Intellectual Property
All intellectual property in the Service, including software, content, and trademarks, remain the property of OnboardMe or its licensors. No rights are transferred except as expressly granted under these Terms.
Limited warranty
The Service is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be error-free or continuously available.
Maximum liability
To the maximum extent permitted by law, OnboardMe shall not be liable for indirect, incidental, special, or consequential damages, loss of profits, data loss, or business interruption. Our total aggregate liability for any claim shall not exceed the fees paid by you in the preceding 12 months.
Indemnity
You agree to indemnify and hold harmless OnboardMe, its affiliates, directors, officers, employees, and agents from any claims, damages, or liabilities arising from your use of the Service, breach of these Terms, or violation of applicable law.
Governing law
These Terms are governed by the laws of South Australia, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Australia.
Further information
If you have any questions about these Terms, please contact us:
- Email: [email protected]