Thank you for using FieldEdge.
Please read these Terms carefully. By using FieldEdge or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement.
FieldEdge (“FieldEdge” or the “Service”) is a mobile App service offered through the URL http://fieldedge.wpengine.com (we’ll refer to it as the “Website”) that enables you to access and manage your Nation via your mobile device.
FieldEdge is owned and operated by WebEdge Marketing Pty Ltd (ABN 49 405 221 440), an Australian limited liability corporation (“FieldEdge,” “we,” or “us”). FieldEdge has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use FieldEdge, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact information.
By using FieldEdge, you represent and warrant that you meet all the requirements listed above, and that you won’t use FieldEdge in a way that violates any laws or regulations. FieldEdge may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for FieldEdge and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for FieldEdge on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or FieldEdge may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Please don’t use FieldEdge to send or communicate anything offensive, to promote anything illegal, or to harass anyone. This may be dictated by law, common sense (do unto others), or our experience using NationBuilder.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”). If you go over your Nation database size limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
You shall respect our proprietary rights in the Website and the software used to provide FieldEdge (proprietary rights include patents, trademarks, service marks, and copyrights).
We may view, copy, and internally distribute content in your use of FieldEdge and your account to help us make FieldEdge smarter and create better experiences for subscribers, and find Members who violate these Terms or laws.
You promise to abide by the FieldEdge Terms of Service and the NationBuilder Master Terms of Service as amended from time to time, and including all applicable Policies that from part of your Agreement with FieldEdge. If you violate any of these Terms, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately.
You represent and warrant that your use of FieldEdge will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like Data Privacy Laws, or other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
It is a condition of these Terms that you agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use FieldEdge for a variety of reasons, we can’t guarantee that it will meet specific needs.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in liquidated damages, which are a reasonable pre-estimate of the damages including; If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $350 plus the amount owed.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
1. only as Commercial Items,
2. with the same rights as all other end users, and
3. according to the Terms.
Published and Unpublished rights are reserved under the copyright laws of Australia. The manufacturer is WebEdge Marketing Pty Ltd, Level 1, 82 King William Road, South Australia 5034.
Notice to U.S. Government End Users
This part will matter to you if you’re affiliated with the U.S. government.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Jurisdiction, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone on your database lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us: Attn. WebEdge Marketing Pty Ltd, (FieldEdge) Level 1, 82 King William Road, South Australia 5034, or any addresses as we may later post on the Website.
Thanks for taking the time to learn about FieldEdge’s policies.
We are not responsible for the practices of sites linked to or from the Services, or for the privacy practices of nations that are run by our other customers on the Services, and before interacting with any of these sites or nations you are advised to review their rules and policies before providing them with any private information.
As noted in the Terms, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. Please reach us at firstname.lastname@example.org with any concerns.
When you sign up for the Services, you provide us with information such as your name and email address. We may also collect information from your public social media accounts.
When you use the Services, we may send cookies – small text files containing alphanumeric characters – to your computer to identify your browser and help enhance your experience with the Services. You can set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Services may not function properly if the ability to accept cookies is disabled. We may use tiny images known as clear GIFs to track behaviour of users, including statistics on who opens our emails.
Our servers automatically record certain log file information reported from your browser when you access the Services. These server logs may include information such as which pages of the Service you visited, your internet Protocol (“IP”) address, browser type, and other information on how you interact with the Services. These log files are generally deleted after one week.
FieldEdge uses Google Analytics and to help us understand use of our Services.
Financial information connected to payments may be collected or stored by a third-party payment processor and is subject to their terms and policies.
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Service. FieldEdge may use certain information about you internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
By providing FieldEdge your email address (including by “following,” “liking,” linking your account to the FieldEdge service, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out on the FieldEdge.com.au unsubscribe page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Service-related e-mails.
Following termination or deactivation of your account, FieldEdge may retain your profile information and all information posted to public areas of the Service.
Personally Identifiable Information:
Any personal information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy or website customization settings. To change your privacy settings on the Service, you may visit your FieldEdge account settings page. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.
Non-Personally Identifiable Information:
We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain FieldEdge services.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavour to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password
- email address
· user profile information, including any content you have uploaded to the Services
The information that you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com.
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at firstname.lastname@example.org.
Last Updated: August 11, 2015