Last updated on: 24/September/2024
These Terms & Conditions (“Terms”) describe your rights and responsibilities as a customer of our Services (“Services”) and govern your use of them. These Terms create a contract between you and Poyenics (“Poyenics”, “we”, “us” or “our”). “You” means you individually and, if applicable, the entity and/or employer you represent in accepting these Terms. If you are accepting these Terms on behalf of an entity and/or employer, you represent and warrant that: (i) you have full authority to bind the entity and/or employer to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the entity and/or employer you represent. If you are accepting these Terms on behalf of an entity and/or employer, the term “you” will refer to the employer and/or any relevant entity.
Please read these Terms carefully before purchasing a “Subscription Plan” with us or using any of our Services including but not limited to creating a new Poyenics account on our website and/or accessing Poyenics Portal using your account. By purchasing a Subscription Plan or using any of our Services, you agree to be bound by all of the Terms and all other operating rules, policies and procedures we may publish via our website from time to time (collectively, the “Agreement”). You agree that you understand these Terms and do not request or expect anything additional to these Terms or (for our Australian customers) your equivalent rights under the Competition and Consumer Act 2010 (Cth). You also agree that we may automatically change, update or add to our Terms and that this Agreement will apply to any and all changes. If you do not agree to our Terms, you should not purchase a Subscription Plan or use any of our Services.
For our Australian customers, these terms are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. The contractual rights you may be entitled to under these Terms are in addition to the statutory rights you may be entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.
Any new apps/Services, features or tools, which are added to our current Products and Services, will also be subject to these Terms.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Amendments to Terms: We reserve the right to modify these Terms & Conditions at any time. Updates will be effective upon posting the revised Terms & Conditions on our website. Your continued use of our Services constitutes your acceptance of the revised Terms.
Dispute Resolution: Any dispute arising under these Terms shall first be resolved through mediation. If mediation is unsuccessful, the dispute shall be subject to arbitration in Adelaide, South Australia.
If you have any questions about these Terms & Conditions, please contact us at info@poyenics.com.au.
Please visit the About page on our website https://poyenics.com.au/about/ to know how us, Explore Our Solutions page and other pages in our website to know more about how Poyenics works, and what it offers.
In these Terms of Service, "Poyenics Services" or "Our Services" refers to the complete range of offerings we provide to help you establish and manage your online presence. This includes:
To access and use our services, you must purchase a subscription plan with us. By using Poyenics subscription model, you acknowledge and agree to abide by the operational details outlined and explained in our website. These details include but are not limited to subscription plans, initial setup, pricing, features, billing cycles, cancellation policies, and other operational aspects of your subscription. Your acceptance of these operational details does not substitute for the legally binding terms and conditions outlined in this document.
To access and use our Services, you must purchase a Subscription Plan and provide all necessary information, including your full legal name, address, phone number, valid email, credit card details, and any other required identifiers (“Personal Identifiers”). You confirm that you are at least 18 years old and agree to keep this information current for communication purposes.
When you purchase a Subscription Plan, you will be added as the Subscription Owner. This will give you full access to the subscription management section on the Poyenics website as well as the website and content management section in the Poyenics Portal. Using this feature, you can add other people who have a Poyenics account to your Subscription Plan in the Poyenics Portal and grant them read, write or delete access to your websites and their contents. This can be done at any time. These users could be people who work for you or your business/company.
You agree that people you add/give access to your Subscription Plan are authorised to access/manage the contents, websites, and services that are under your Subscription Plan. You can remove their access at any time using the Poyenics Management Portal. You agree to take full responsibility for actions taken by people you add to your Subscription Plan. If they violate any of these Terms, their Poyenics account may be suspended/cancelled. In severe cases, it may affect your Subscription Plan as well. You agree that you will not hold Poyenics, its employees, owners, affiliates and/or team members, liable for any actions taken by these people on or in relation to your Subscription Plan.
You agree that you are responsible for all activity under your Subscription Plan including any text, files, images, videos, music etcetera uploaded by you and that you have the relevant proprietary rights to this content. Poyenics is not liable for any acts or omissions by you, including any damages incurred as a result of your acts or omissions. Poyenics may screen and monitor its customers’ data as well as any content submitted by customers with or without notice for any reason at any time. If you are in violation of any local or international laws or these terms, Poyenics reserves the full rights and authority to suspend services immediately, without providing prior notice or explanation. While we strive to ensure fair and transparent actions, it remains the responsibility of the user to comply with applicable regulations and terms. In certain jurisdictions, additional consumer protection rights may apply.
In the event of a dispute regarding Subscription ownership, we reserve the right to request documentation to determine or confirm the identity of the Subscription Owner. Documentation may include, but is not limited to, a scanned copy of your identity documents or business licence, the last four digits of the credit card used to pay for activating the Subscription Plan, or confirmation of your status as an employee of employer and/or association with the relevant entity. If we cannot be satisfied of the identity of the Subscription Owner, we reserve the right to terminate or suspend your access to the Subscription.
If we believe your Subscription Plan has been compromised, we reserve the right to suspend or terminate your Subscription Plan. We are not liable for any loss or damage from your failure to maintain the security of your password and Subscription Plan. You agree not to share or misuse your Subscription Plan and will notify us immediately of any unauthorised uses of your Subscription Plan or any other breach of security.
Your right to retain a Subscription with us is contingent on you complying with our Terms.
If you are purchasing a Subscription Plan for the first time, you have the option to select a 7-day free trial. During this trial period, you can create a website, access the Poyenics Portal, upload content, and test our services before committing to a paid plan.
End of Free Trial
Prior to the end of your free trial, you have the option to purchase a Subscription Plan. If you do not purchase a plan by the end of the trial, your website will be suspended, and your data and any uploaded content will be deleted after a 14-calendar-day grace period. This grace period begins the day after your free trial ends. During this time, you will not have access to your website or data, but your information will be retained in case you decide to purchase a Subscription Plan.
Free Trial Limitations
Information Collection
When signing up for a free trial or a new Subscription Plan, we may request additional information, such as business registration details, address, and credit card information. This data is collected for identity verification and subscription management purposes and will be handled in accordance with our Privacy Policy.
We offer initial website setup services for our customers for a limited time, charged based on the hours worked and non-refundable. This service includes assistance in adding and uploading your desired content, such as text, images, videos, and audio.
By opting for Initial Setup, you grant our customer support team access to your subscription to set up and maintain only the content you provide. You are responsible for the ownership and legality of all such content you provide to us, and Poyenics does not assume any responsibility for any uploaded material.
We will endeavor to send you notifications before your Subscription Plan is set to expire. This notification will provide you with the opportunity to decide whether to manually renew your Subscription Plan and make the necessary payment. It is your responsibility to manage your subscription. Poyenics does not accept any liability for interruptions to your services due to non-renewal.
Consequences of Expiry
When your Subscription Plan expires:
Data Retention and Reactivation
Your data (“Customer Owned Material”), along with the settings, info and configurations you've selected in the Poyenics Portal, will be stored for 28 calendar days after your Subscription Plan expires.
If you renew your Subscription Plan (either through manual payment or auto-renewal) within this 28-day grace period:
Please note that you can only renew to the same Subscription Plan you had before during this grace period; switching to a different plan is not allowed.
Data Deletion
If you fail to renew your Subscription Plan within the 28-day grace period, your data and websites will be permanently deleted from our records, and this information cannot be restored. If you wish to use our services again later, you will need to purchase a new Subscription Plan and re-enter your data and website content from scratch, including but not limited to all settings and configurations.
Liability
We do not accept any liability for your failure to ensure payment before the expiry of your Subscription Plan. This includes any related interruptions to access, public messages indicating account suspension, and data deletion. By purchasing a Subscription Plan, you agree to these terms.
The customer support type including the response time, method of reply over ticket, email or phone, etcetera is according to the Subscription Plan you purchase at the relevant time. You agree to abide by and do not expect more than what is offered in the support plan included in your subscription plan. If you require a higher priority customer support plan, you will be required to upgrade your Subscription Plan accordingly. Most of our plans do not include live support, extensive troubleshooting materials are available in our documentations, enterprise plans come with extendable billable support hours.
By agreeing to these Terms of Service, you also agree to Poyenics User Account Terms, which provide detailed information regarding account usage. You can review them in User Account Terms page.
To access and use our Services, you agree and warrant that you are at least 18 years of age (or the relevant equivalent age in your home country or governing jurisdiction). You also agree to use our Services in location(s) permitted by your home country or governing jurisdiction; not violate any Australian or other laws which govern your jurisdiction; and comply with our Terms. You confirm you are not accessing or using our Services for any illegal or restricted activities. The following categories are “Restricted Activities”. These are examples but are not exhaustive. We may add, vary or update our list of Restricted Activities from time to time:
In the event that we become aware of you using our Services for illegal activity and/or Restricted Activities, Poyenics reserves its rights to terminate or suspend your Subscription/Subscription Plan and, if required or at our discretion, report you to the relevant authorities. Poyenics is not liable for your use of our Services for any illegal activity or Restricted Activities or any related loss.
No right of ownership of our Services, codebase and source code will be granted to you if you purchase a Subscription Plan with or without Add-Ons or use any of our services. This includes all helps, documentations, all client-side and service-side codebases including but not limited to backend APIs, background services, Poyenics Management Portal, Poyenics Single Sign On, cloud apps, server-side applications, web applications, code libraries, mobile and desktop applications, Poyenics CSS framework, HTML snippets, JavaScript codes, as well as any UI snippets that are developed by Poyenics. Our Services will remain our intellectual property at all times and under all circumstances. You also do not obtain any right to access/view/copy the above-mentioned source codes or a right to license, redistribute or sell our Services to others.
The Poyenics’ client-side assets, which have to be publicly available for Poyenics websites/services to function, including but not limited to its CSS framework, HTML sections, and JavaScript codes are for the sole use of our Apps/Websites. You are not permitted to access/view/copy, reference, and/or use them outside of our Apps/Websites for other websites or apps you or your team/affiliates build for your own use or use of your clients. You do not have ownership of, and will not receive access to, the source code of such assets either. If you cancel your Subscription Plan, you also do not obtain any access to or a copy of the Poyenics client-side assets used to build your websites. If a customer decides to leave Poyenics and terminate their Subscription Plan, No HTML, CSS or JavaScript code used for their websites will be made available to them as they are the intellectual property of Poyenics. In such cases, customers can only receive a copy of their own data by contacting our customer support team (Please refer to the “What You Own” section for more details.) You agree and understand that accessing, referencing, copying, and/or using Poyenics’ client-side assets including CSS framework, HTML snippets and JavaScript resources outside of Poyenics Apps/Websites/Services is considered infringing the intellectual property rights of Poyenics. In doing so, you may be held liable for such infringements under the applicable intellectual property laws in your region.
In addition, selections and/or selected values by customers in the Poyenics Management Portal such as selected values for options, configurations, settings, parameters, etcetera, that configure one/more functionality/behaviour of apps or websites or services or display of information on the websites, still remain the intellectual property of Poyenics. Although customers can make these selections and configurations and settings, they are not considered customer data and Poyenics retains the right of ownership over them. These selections are made available via select dropdowns, select modals, checkboxes, radio-buttons, and/or input fields in the Poyenics Management Portal. These selections are pre-defined in Poyenics, and are linked to the internal functionality of Poyenics websites, and Apps/Services to function in a certain way, display information in a certain way or respond to an event in a certain way.
The entire source code of Poyenics libraries, websites, Single Sign On, Management Portal, Services, and APIs, background services, server-side application, web applications, as well as client-side assets such as CSS framework, HTML snippets, JavaScript codes, UI Snippets, in summary any code written by Poyenics, remain the sole intellectual property of Poyenics. You agree with and understand that paying for the initial website setup, submitting a feature request, Subscription Plan, removal of “Powered by Poyenics” website footer, purchasing Add-Ons, or paying for other Services does NOT, in any way, grant you any right to access, view, obtain, or retrieve a copy or own them. It also does not grant you a right to reverse engineer any of these above-mentioned services. You understand that any request to obtain these source codes will be declined by us.
If you or anyone affiliated with you makes any attempt to reverse engineer, brute force, force browse, directory traverse, or use other techniques to get access to the Poyenics Source code, break its normal functionality, access customer data, or interfere with the normal functionality/operation of Poyenics websites and services, your Subscription Plan will be suspended and terminated by us and your access to our Services may be permanently terminated. In these cases, we reserve the right to inform the relevant law enforcement agencies in your region or take any legal action against you as well.
When you purchase a Subscription Plan with us, you will obtain the right to use our Services for your business or personal purposes as long as your Subscription Plan is active. You will be prohibited from selling your right to use our Services to others. If you act against this, we reserve the right to suspend or terminate your Subscription Plan.
Poyenics uses bundling, minification and obfuscation techniques at the front end of Poyenics websites, Poyenics Management Portal and Poyenics Single Sign-On to increase the performance, decrease the load time, and protect its own intellectual property. Bundling is the process that multiple assets like multiple CSS or JavaScript files are bundled together and sent in one file to the browser. Minification is the process of removing spaces, new line and other extra characters from source CSS or JavaScript files to make them smaller in size. Obfuscation is to replace the JavaScript and/or CSS code with a protected code (as much as possible) that is not easily readable and not easily reverse-engineerable. This is for intellectual property protection. Poyenics may use other obfuscation techniques to protect the source code of apps and services uploaded to the servers in Microsoft Azure Cloud.
You are agreeing with these techniques used by Poyenics, and understand the reasons behind them. You understand that Poyenics is intended to protect its intellectual property as much as it can. You are agreeing to not question or hold Poyenics, its team members, partners or affiliates liable for using such techniques.
We do not claim ownership of the data you save or make available whilst using our Apps/Services including your trademarks, copyright content, any products or services you may sell using our Apps/Services, and any of your customer data, text contents, images, videos, audio, files or any other data or information made available by you using our Services (Customer Owned Material). You also warrant that you have the relevant rights to the Customer Owned Material or the relevant third-party authorisations to the Customer Owned Material. We do not claim any liability or responsibility for the Customer Owned Material. You can export the Customer Owned Material from the Poyenics Management Portal using the Export My Data function (when available) at any time for as long as your Subscription Plan remains active. No database backup, raw data, log access, storage backup or other data storage access will be made available to you. If you need to obtain a copy of your Customer Owned Material at any time, the only available option is to use the Export My Data Function in the Poyenics Management Portal. The type of data exported is limited to what the export function offers at the relevant time. For example, the export functionality may only export data in flat CSV (comma-separated values) format, and you will only get your data in that format. We do not warrant or assure that the Export My Data Function will export all Customer Owned Materials.
As mentioned above, all selections and/or selected values in the Poyenics Management Portal such as selected values for options, configurations, settings, parameters, and etcetera are considered the intellectual property of Poyenics, and will NOT be included in the exported data via the Export My Data Function. You agree to declare no right of ownership over these selected values.
We do not guarantee that Customer Owned Materials exported from our system works with other products or systems in the market. It is your responsibility to convert them to any format that may be required to make it suitable for importation into other systems and platforms. We are not able and are not responsible for providing platform-specific exported data to users.
The exported data from the Poyenics Management Portal is not importable and usable by Poyenics Management Portal for the same website or another Poyenics website. This data is not intended to be importable back into Poyenics, and is only produced to give you a copy of some of the contents you have uploaded.
By using our Services, you agree to us displaying your business name, logo, description and website URL in our client list on our website and in other marketing materials. We also reserve the right to add the text “Powered by Poyenics” or relevant texts in the footer of your website and keep our Copyright text on top of the CSS, JavaScript or HTML files used for/referenced on your websites. Such information is usually visible in browsers using the View Source or Page Source or equivalent menu items in different browsers. The relevant discount for this is already included in our prices. If you do not want to be featured in our client list and marketing materials and/or have the text “Powered by Poyenics” on your website, you can purchase the “Powered by Poyenics” removal from website footer as an Add-On. This will be active for a specific timeframe. Please note that purchasing this removal does not remove the Poyenics copyright text from the CSS, JavaScript or HTML files used or your website.
We reserve the right to use customer data in the internal debug, trace or error logs of our services and apps for troubleshooting, feature testing, error detection, security checks, and other development purposes. We try to log as minimal as possible limited to what is required to fulfil the relevant purpose. We try to keep these logs secure and protected by authentication and authorisation mechanisms.
If you have a specific functionality you need for your business, you can submit a “Feature Request” using the “Feature Request Form(s)” on our website explaining the functionality you need. Upon submission of a Feature Request, the proposed functionality may be shared with other customers. It may also be displayed on our website. Other customers may then have the opportunity to vote in favour of or against the request. They can also submit their own comments in relation to the functionality. Your personal information, except maybe your name and/or profile image you may have uploaded for your account, will not be disclosed to others when we publish the proposed functionality for voting and comments.
Once the proposed functionality is submitted and (if applicable) shared with other customers, we will review the proposed functionality and may or may not add that feature to our development roadmap in future releases of our Services. The final decision to implement or not implement the proposed functionality is ours. There is no guarantee we will add the proposed functionality to our Services even if the functionality appears to be popular amongst other customers who have voted or submitted their comments.
All functionalities subject of your Feature Request will remain the intellectual property of Poyenics at all relevant times. This is irrespective of whether or not we choose to implement the functionalities. If you do not agree to this, do not submit a Feature Request or do not communicate that feature with us.
Additionally, any functionality or feature requested or communicated by you or anyone affiliated with you to Poyenics via Feature Request Form on our website, email, online chat, mail, phone, verbal conversation, and/or via social media, will still be considered the intellectual property of Poyenics. This is irrespective of whether the requested functionality or feature is implemented by us. By communicating these features/functionalities to Poyenics, you agree to not claim any right of any kind including ownership, partnership, and originality of idea or any right of financial gain at the time of submitting the request or any time in the future. If you do not agree, you should not communicate the feature/functionality to Poyenics.
You must not misuse and/or disrupt or attempt to break the functionality of Poyenics at any time. You also must not directly access resources not permitted via Poyenics Services, access a service outside what is permitted via your Subscription Plan, upload malicious content, and/or try to gain unauthorised access. Some examples of attempts by customer(s) or anyone affiliated with customer(s) include, but is not limited to, attempting network/hacking attacks on Poyenics’ public/private services; posting any malicious content such as effort for any injection attack like SQL injection or JSON injection; breaking/bypassing any data validation mechanism that Poyenics uses like use of Regular Expression bypass techniques; trying to attempts for any form of cross-side scripting attacks; hijacking sessions of other users; tricking other users to unwillingly post contents such as implementing cross-side request forgery technique; uploading any spam contents, uploading any malicious program or script file like computer viruses, trojans, worms, bots, ransomware, etc; attempting to steal the credentials of other users/customers; attempting to break authentication and authorisation mechanisms used by Poyenics, trying to decompile and reverse engineer the source code of Poyenics’ websites, browser-based apps, mobile or desktop apps made available to them; trying to change the functionality of the Poyenics services in a way not made available via Poyenics services like bypassing the Poyenics UI and directly posting raw data to servers; attempting to access the data of other customers; and/or any other malicious attempt.
Poyenics reserves the right to use regular logging and monitoring techniques and partner with third-party Web Application Firewall and Web Security products to detect, identify, mitigate, and/or stop such attempts or identify the sources(s) these attempts have been made from. If we discover such actions taken by you or anyone affiliated with you, Poyenics maintains the right to terminate your Subscription Plan, ban you from future use, report you to law enforcement agencies, or initiate legal action against you.
You as the customer will be responsible for all images, videos, audio and other files uploaded to the media storage assigned to your website(s) and/or Services you use. Since media files are uploaded via the Poyenics Management Portal which is protected by Authentication and Authorization, only the customer and any user who the customer gives access, can upload media files. Therefore, it is your responsibility to make sure you use a computer free from computer viruses, trojan programs, malicious files, malware, spyware, bot, keyloggers, ransomware, or any other malicious program. You also agree to ensure that the files you upload are not virus-infected, bot, keylogger, ransomware, spyware, trojan, rootkit, computer worm, adware, or any other type of file that may harm our systems, Customer Owned Data or other customer data.
You agree to not hold Poyenics liable in the event that any of these files (any malicious file mentioned or not mentioned in the previous paragraph) are uploaded to your websites by you or anyone affiliated with you or your customers.
It is possible that anyone in the public may make a web attack attempt against your public websites. Poyenics may use the above-mentioned logging and monitoring techniques and usage of third-party Web Application Firewall and Web Security products to identify and stop web attacks against your website(s) at some levels. However, we cannot give you any warranty of any kind that techniques implemented by us can stop any possible web attacks made against your websites. You have the choice to activate a cloud-based third-party Web Application Firewall service provided by Cloudflare or Microsoft or another third-party we make available with our services as an add-on for the purpose of adding an extra security layer. In addition, you can activate a third-party anti-virus and anti-malware add-on for checking files for any virus or trojan program for extra costs as an add-on. However, we still cannot warrant any form of security even if you purchase and add these security add-ons (Please read the next section “Deliverability of Services” and “Limitation of Liability” sections for more details). For enabling these extra addons on your subscription, please contact our customer support team.
In case we become aware that your website(s) or Poyenics services under your subscription plan have become the target of web attacks, we reserve the right to take any necessary action. For example, if only your website is the target of many web attacks but not the website of our other customers or our own website, this can indicate that your website is a specific target. The actions we may take include but not limited to informing you to upgrade your subscription plan to the one of the Enterprise Subscription Plans which provide more isolation of services or mandating you to purchase the mentioned third-party Web Application Firewalls as an extra security later. We also reserve the right to terminate your subscription for the sake of protecting our customers and/or our own services. You confirm you understand and agree with these terms specifically.
Poyenics offers its Services on an “as it is”, “with all faults” and “as made available” basis without any warranty of any kind. We do not warrant or represent that our Services and their operations are error-free, accurate, uninterrupted, secure in any way, virus-free, without any bugs, suitable for or compatible with any of customer activities, or comply with any law applicable to the customer or their users. Customers acknowledge that Poyenics does not control the transfer of data over computer networks such as internet or other public networks, and that the Poyenics Services may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. Poyenics will not be liable for any unauthorised alterations, theft or destruction of a customer’s data or a user’s data including all files or texts.
We do not guarantee the security of services, websites and/or apps Poyenics provides as well as our Single Sign-On or Management Portal. We do our best to keep data secure. Poyenics is designed with security in mind and follows the industry-standard application security practices and standards. We also constantly log and monitor for security threats. However, we cannot guarantee security and un-hackable websites, web applications and apps. You agree to not hold Poyenics, its employees, its owner(s), or any person affiliated with Poyenics liable for any security incident including but not limited to data breaches, web attacks, scam activities, and so on. If you are concerned about security, you can either not use Poyenics or upgrade to our Enterprise-level subscription plans that provides further security measures like enhanced isolation of services, advanced third-party web application firewalls and/or intrusion detection system provided by Microsoft Azure or third-party providers. However, there is no guarantee or assertion granted to customers that our services are secure at any level including Enterprise-level. Poyenics will not be liable in case of any security or data breach. Customers agree to not commence an action against Poyenics for any security or data breach. In case you do not agree with this, you should not use Poyenics.
Since Poyenics is a cloud-based system, there may be a delay between when customers update their contents in the Management Portal and when those updates are made available in the websites and web applications. The technical term for this delay is “Eventual Consistency”. We constantly monitor this and make sure delays are reduced as much as possible. You need to be aware of this delay and plan accordingly.
Customer data including contents and files in different websites/services are regularly backed up by us to meet the criteria outlined in the Subscription Plan and restore customer data in case of a disaster. However, these backups are not available to you since they represent (show) the internal data structure of Poyenics, and disclosing them may break our intellectual property rights and may create security vulnerabilities. We will NOT provide you access to internal functionality and data backups of Poyenics including source codes, backup files, documentation, etcetera under any circumstances. The only option made available to you is to get your own data from the Export Function in the Poyenics Management Portal made available at that time.
By using our Services, you agree and acknowledge that Poyenics stores data in different data storage services and uses them in different services owned by Poyenics. Some of these services or storage may be specific and private to Poyenics to perform its internal operations.
We reserve the right to modify, cancel or refuse our services to a customer at any time.
We do not guarantee your website will appear on top or on the first page in any search engines/web searches. Our product follows guidelines published by search engines and common standards like addition of meta tags and structured data, sitemap, etcetera. However, we cannot guarantee or promise any type of result in any internet search engine. We also do not guarantee we have implemented or are going to implement any single guideline by different search engines. The choice of implementation remains our choice, and we reserve the right to implement or not implement any guideline/feature published by any search engine. As a result, we do not accept any responsibility or claim for refunds if you are dissatisfied with the appearance of your website pages in a search engine or web search. In addition, it is your responsibility to submit your contents to search engines by creating an account in their console and following the process. Our Services make this easier by following search engine guideline and industry-standard practices. We may have helps and documentation that can show how to submit your websites to search engines. By purchasing a Subscription Plan, you understand and agree to this term.
In addition, we do not guarantee your website page(s) will be compatible with any social media platform or any of your partner platforms for display, editing or any other purpose(s).
In case there is a specific web analytics, social media or search engine platform that you wish to make your website(s) work with and the functionality is not implemented in Poyenics, you may submit a “Feature Request” form on our website. Implementing these features will be according to our feature request polices. Please read the section “Feature Request” on these terms for more details.
Hyperlinks to outside websites that you add to your website are your choice. We do not accept responsibility or liability for any place they may link to. It is up to you as the customer and website owner to ensure you have linked to the correct web address, physical address, phone or mobile number or email address.
Website Themes and HTML Section templates and page templates available in our platform are developed by Poyenics team to give a modern and responsive design and look and feel to the website(s) you make using Poyenics. Themes, options, settings, parameters, UI snippets, and HTML sections in our platform are made available for use by our customers. The price for using them is included in the price of the subscription plan. The options, settings and parameters in these themes may be categorised in different levels. Different subscription plans may allow for the usage of some or all levels of these options, parameters and settings. These are usually built on top of our own proprietary CSS framework and utilise our own JavaScript codes with the usage of a few lightweight open-source libraries including Animate On Scroll library (https://github.com/michalsnik/aos), Icons by Bootstrap (https://icons.getbootstrap.com/) and Google Fonts (https://fonts.google.com/). These Themes, UI snippets, HTML section templates, and/or page templates are solely for use inside our platform in Poyenics apps, and they remain Poyenics' intellectual property at all times . Customers are prohibited to copy, take out or redistribute the source code of our UI snippets. They are not allowed to use/sell/give for free to any other platform whether it is either their own custom environment or another open source or proprietary platform.
Consent: By using our Services, you consent to the collection, storage, and processing of your personal information and data as outlined in our Privacy Policy which is accessible at https://poyenics.com.au/privacy-policy/.
Data Security: We employ robust measures to protect the security of your personal information and financial transactions. All these data are stored encrypted and accessed only by authorized personnel.
Poyenics may use some open-source components in some parts of its Services. We have made sure the license of that open-source component allows us to use it in our proprietary software system. However, customers agree that, in case of license change by that open-source provider, some components and/or functionality may become temporary or permanently unavailable whether we decide to implement it ourselves or not.
You also agree that your actions do not violate any terms and conditions of third-party services. The violation of their terms and conditions is considered and treated as a violation of Poyenics terms and conditions. Your Subscription Plan may be terminated or suspended as a result.
Bootstrap brand icons (like Facebook, Twitter and Instagram Icons) used in themes are trademarks of their respective owners. You should not use them for any purpose except to represent the product, company or service to which they refer.
The font family list used in our Services were compiled by us based on research and publicly available information. We have also utilised some of the Fonts made publicly available in the Google Fonts library (https://fonts.google.com/). We have tried to include fonts that include a free to use license like Apache Version 2.0 or Open Font License. In addition, we have tried to include the link to the Font library, its designer details, as well as its license in the Poyenics Management Portal for your information. In case of Google Fonts, we have used the Import statement in CSS that allows usage of fonts with a public URL provided by Google without hosting them. Before selecting any font, it is the responsibility of the website owners to double check the licenses for these fonts and make sure they are not violating any copyright usage. We do not accept any responsibility for usage fonts and ownership of fonts.
Certain functionalities within our Services rely on third-party providers including but not limited to:
Access Credentials
For certain third-party services, you may be required to provide access credentials (such as API keys, passwords, or tokens) to third-party providers. We will securely store and protect these credentials using strong encryption. These credentials will only be used for the proper functionality and integration with the respective third-party provider's services.
Your Responsibilities
Limitation of Liability
Indemnification
You agree to indemnify and not hold us liable for any claims, damages, losses, or liabilities arising out of or related to your provision of access credentials, Your use of third-party services, or Your violation of these Terms.
We want to inform You that Our platform employs anonymous request logging for specific HTTP error codes within the 400 (client request errors) and 500 (server errors) series. This practice is aimed at enhancing security, troubleshooting, detecting irregularities, and optimizing overall service performance. Additionally, We may employ success (200 level) request logging for telemetry purposes and to determine bandwidth usage per customer.
We assure You that all collected request logs undergo thorough anonymization by removing personally identifiable information. These logs also aid in troubleshooting and addressing performance-related issues. We retain anonymized logs for a reasonable duration, in alignment with security and performance objectives.
Your use of Our Services implies consent for anonymized logging of HTTP requests. While We adopt stringent security measures, We cannot be held responsible for unauthorized access or breaches related to anonymized request logs. We reserve the right to modify or discontinue this practice at any time.
Poyenics APIs, Management Portal(s), Single Sign On services, websites and web applications and other services, are hosted in Microsoft Azure Cloud and in the Azure services Poyenics has purchased from Microsoft as part of Azure Cloud subscriptions owned by Poyenics. By agreeing to these Terms, you are agreeing to and acknowledging that any contents you upload using our Services will be stored by us in the Microsoft Azure Cloud and will be accessed/managed by Poyenics.
We are unable to provide the specific details on the Microsoft Azure services that are being used and optimised by Poyenics. We are also unable to answer questions regarding the cost of Microsoft Azure services used as part of your website. By accepting these Terms, you agree to and understand that if you make such a request from Poyenics, it will be declined.
Given the complexity and multiplicity of underlying Microsoft Azure services, we are not able to host Poyenics websites or services you use on your Azure Subscription if you already have or going to buy an Azure subscription for yourself. If you make such a request from Poyenics, it will not be accepted. All of our Services are hosted through Microsoft Azure services. We are unable to host your websites or apps relating to your Subscription Plan through another cloud service, hosting provider or the Microsoft Azure subscription you own. You agree to understand and comply with this.
Given the nature of internet and cloud infrastructure, Poyenics is not responsible for any outage, data breach, or other issues that may happen in the services that are managed by the Microsoft Azure cloud. You agree to not hold Poyenics liable for such cases.
Poyenics is limited by the terms and conditions set by Microsoft Azure cloud and/or terms of service set by Microsoft for specific services they provide to Poyenics. We are not able to process any request/take any action that violates Microsoft’s terms and conditions. You agree with this, and understand that you do not make such requests from Poyenics. If you make such requests from Poyenics, it will be declined.
To the extent permitted by applicable laws, Poyenics Pty Ltd, its shareholders, director, employees, affiliates and/or its agents shall not be liable to any consequential or incidental damage or loss of profit resulting from the use of or in connection to Poyenics Websites, Poyenics Portal, Web Applications, and Services. This includes, but is not limited to, damage of any kind including property damage or personal injury as a result of using Poyenics, unauthorized access, any form of web attacks, DNS attacks, scam activities, data theft, data loss, data breaches, errors, software bugs, financial loss, events beyond the control of Poyenics such as war or pandemic, natural disasters, terrorism, and/or actions by governments. There may be times where our Services become unavailable such as in the event of war, natural disasters, pandemics, actions by governments and actions by third parties.
We do not warrant that the quality of our Services will meet customer expectations.
Poyenics may use short names/forms for keys, values, parameter names, CSS classes, variable names, JSON keys/values, and so on. One example is pn_pd_crt instead of open_detail_on_product_add_to_cart. These short forms are either programmer-generated or computer-generated, and they may or may not be visible on the UI. The intention of making these short forms is reducing the size of data transmitted among Poyenics websites and services and consequently increasing performance of the Poyenics websites and web application and/or protecting our intellectual property. These short names are not affiliated with anyone or any organisation and are not intended to describe, represent, or point to any person, organization, nation, race, ethnicity, religion, etc. In case they may have any similarity to any known short term that has meanings in any languages, you can let us know to update our systems.
Poyenics will not be responsible or liable for any possible scam activity or fake websites which may try to capture payments from you by impersonating Poyenics. All of our Subscription Plan signup and payment pages are hosted under poyenics.com.au (in Australia and New Zealand) or poyenics.com (for customers from other countries from the time we make this domain available for public use). Customers need to take note of this, and should not make any payments on any other similar domain(s) that may be set up by scammers. It is also possible that scammers use malicious DNS tampering techniques to impersonate Poyenics in case you use insecure internet connections like unknown public Wi-Fi or become the victim of scam activities of any kind. You agree and understand that Poyenics is not responsible and you do not hold Poyenics liable for scam or malicious activities that impersonate Poyenics.
If you receive a request for payment that you are suspicious of, you should refrain from making payment and should contact us immediately.
