Terms of Use & Policies

Updated 30 January 2020

Terms of Use

Welcome to Hypercurrent’s website, an online accounting software application designed and offered by Hypercurrent Limited ("Hypercurrent") and its affiliates especially for China-centric businesses and professionals around the world.

These terms of use are intended to explain our obligations asa service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Your registration and use of Hypercurrent, a software service (the “Service”), are conditional upon agreeing to the terms contained below. Registration may also be conditional upon acceptance of other documents or contracts, including but not limited to our Privacy Policy. TheTerms in this document are binding on any use of the Service and apply to You from the time that Hypercurrent grants You access to the Service.

By submitting your registration to use the service you are deemed to accept these Terms. Hypercurrent reserves the right to change these Terms at anytime and without further notice, effective from the time the changes are published on our websites, www.hypercu.cn, hypercurrent.cn. It is likely that these Terms will change over time to reflect changes in relevant legislation as well as change in the operating environment of Hypercurrent and its intended users.

Hypercurrent will take all commercially reasonable steps to notify users of significant changes to these Terms, in writing, via email or a notification on our websites or social media channels. Your continued use of the Service after changes are effective will be considered as acceptance those changes.

By registering to use the Service you acknowledge that You have read and understood these Terms. You also acknowledge that you are authorised to accept these Terms on behalf and to the benefit of any associated entity and individuals (the “Authorised Users).

These Terms were last revised on 30 January 2020.

Definitions

“We, Us, Hypercurrent, Our” means Hypercurrent Limited and all its subsidiaries.

“You, Your” means the Subscriber to the Services and includes a User when applicable.

“Agreement” means these Terms of Use, including future versions

“Authorised User” means any person you nominate to from time to time, as part of any invite process or request via email to Hypercurrent to use the services available through the website.

“Service” means the software programs and features of such programs that is available to a user for the purpose of online accounting and finance management.

“Data” includes any data you inputted or authorised to be inputted, imported or created in Hypercurrent.

“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Subscriber” refers to the person who registers, maintains an account with us and uses our Services. The term subscriber may include the entity or individual on whose behalf a person legitimately registers to use the service.

“Organisation Database” or “Organisation” refers to a single database registered on the Service. A subscriber may registered several organisations and invite users to each.

“Subscription Fee” means the fee (excluding any taxes and duties) payable by You for the continued access to the Service for each single Organisation Database registered for the Service. The Subscription Fee may be paid quarterly, bi-annually or annually.

“Applicable laws” means the current laws in force in Australia and the People’s Republic of China, and its Provinces which this agreement is subject to.

Your Right to Use the Software

Hypercurrent grants You the right to access and use the Service via a web interface. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Authortised Users, or any other applicable laws:

1. the Subscriber determines who is an Authorised User and what level of user role access to the relevant organisation and Service that Invited Us;
2.the Subscriber is responsible for all Authorised Users’ use of the Service;
3.the Subscriber controls each Authorised User’s level of access to the relevant organisation and Service at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be;
4.if there is any dispute between a Subscriber and an Authorised User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Authorised User shall have, if any.

Your Obligations

You agree to use the Service and associated websites or applications only for their intended purposes. You must not use the Service for unlawful purposes or to cause harm either intentionally or negligently. You must take all reasonable steps to ensure that the Service is not used to break laws, or advance illegal or criminal endeavours. You must only use the Service if you are authorised to do so and must ensure that all other users are appropriately authorised and comply with these Terms.

Billing & Payment

The Subscriber may receive an invoice for the Subscription Fee, which will be issued at least thirty (30) days prior to the expiry date of the Service.
Hypercurrent invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email.

In some circumstances, the Subscriber may receive a notification of dues, and an invoice to be issued upon receipt of dues.

You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all applicable taxes and duties in addition to the Subscription Fee.

Trial policy

With a trial subscription, you can test the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed in accordance with the pricing plan that you choose, and with rebates, discounts and promotions applicable. If You choose not to continue using the Services, You may delete Your organisation in the ‘My Hypercurrent’ section of the Services.

Prepaid Subscriptions

Hypercurrent will generally not provide any refund for any remaining prepaid period for a prepaid Subscription Fee. In special circumstance, Hypercurrent will excercise its discretion in relation to refunds for prepaid subscriptions.

Discounts

You may be offered or become eligible for volume discounts or preferential pricing for registering new Services (e.g new “Organisation Database” ). Applicability of such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Subscription Fees in relation to all of Your Organisations. Hypercurrent reserves the right to suspend the Service or cancel eligibility for discounts if Subscription Fees for any of Your Organisations are not paid in full by the due date for payment.

Security & Conditions of Access

You, the Subscriber, and the Authorised Users are responsible for maintaining the confidentiality of their usernames and password. You are responsible for using safe online practices when accessing the Service, including but not limited to, logging out at the end of each session.

You are responsible for all actions undertaken in or with the Service by its Authorised Users.
Hypercurrent shall take all commercially reasonable steps to secure access credentials, including usernames and passwords however it is the Subscriber’s responsibility to secure access to the Service by its users.

Limitations and Prohibited Usage

Use of the Service is be subject to limitations as set in Hypercurrent’s pricing schedule or included in the software programs that make up the service.

You must not attempt to undermine the security of the Service, its underlying computer infrastructure, including networks and programs. You must not attempt to access data, networks or programs that you or your authorised users have not legitimately been granted access to under this agreement.

You must know use the Service is such manner as to cause stress to the underlying infrastructures and intentionally cause loss of performance, partial or complete, to other Subscribers.

You must not attempt to access, modify, reverse engineer, reproduce, or otherwise tamper with the original code covered by copyright.

Content

You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted or stored through your use of the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any content that is illegal, fraudulent, profane, abusive or otherwise considered inappropriate or objectionable, is infected with a computer virus or aims to impersonate others.

Title to, and all Intellectual Property Rights in, your Content remain the property of its lawful owner. However, Your access to the Content is contingent on full payment of the Subscription Fee when due. You grant Hypercurrent a licence to use, copy, transmit, store, and back-up Your information and Content for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

You are responsible for maintaining copies of all data inputted into the Service. Hypercurrent adheres to its best practices policies and procedures to prevent data loss, including daily system back-ups, however, Hypercurrent does not make any guarantees that there will be no loss of data.

Third-party Applications

If You enable third-party applications for use in conjunction with the Services (e.g. via API access), You acknowledge that Hypercurrent may allow the providers of those third-party applications to access Your Data. You also acknowledge that Hypercurrent does not have control over, or any responsibility as to the way these third-party providers use, store or share your Data.

Hypercurrent shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

Warranties & Acknowledgments

Authority

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Acknowledgement

You acknowledge that:

You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

Hypercurrent has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

i. You are responsible for ensuring that You have the right to do so;

ii. You are responsible for authorising any person who is given access to information or Data, and you agree that Hypercurrent has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address.

Hypercurrent does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services.

Hypercurrent is not in any way responsible for any such interference or prevention of Your access or use of the Services.

It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

Hypercurrent gives no warranty about the Services. Without limiting the foregoing, Hypercurrent does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Suspension & Termination of Service

Service availability

Whilst Hypercurrent intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Websites may be unavailable to permit maintenance or other development activity to take place.

If for any reason Hypercurrent has to interrupt the Services for longer periods than Hypercurrent would normally expect, Hypercurrent will use reasonable endeavours to publish in advance details of such activity on the Websites.

Governing law and jurisdiction

If the information or Content You are accessing using the Service is solely that of a person (natural or otherwise) who is a tax resident in Australia at the time that You accept these terms then Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

If the information or Content You are accessing using the Service is solely that of a person (natural or otherwise) who is a tax resident of People's Republic of China at the time that You accept these terms then China's law governs this Agreement.

Entire agreement

These Terms, together with the Hypercurrent Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Hypercurrent relating to the Services and the other matters dealt with in these Terms.

Privacy Policy

Hypercurrent ("us", "we", or "our") operates http://www.hypercu.cn, http://hypercurrent.cn, http://hypercu.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").

We use Personal Information for many reasons, from understanding how you engage with our products and services, to informing our marketing and communication activities.  More specifically but not limited to, we use Personal Information to:

  • Provide the services that you subscribed to
  • Carry out product performance and usage analysis to improve our features and the customer experience
  • Carry out marketing analysis to understand our customers needs and preference, to guide feature development and marketing activities

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics, Mixpanel, New Relic that collect, monitor and analyse this Log Data.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that is relevant to our products and services, which you already use.

We may use your Personal Information to contact you about new features, notifications, alerts, including billing information, and other materials about the products and services that you purchased from us.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Data-Sharing and Information Requests

Personal Information collected may be shared with our subsidiaries and entities within Hypercurrent's group of entities, when such sharing in desirable for the delivery of the services you subscribed to.

Personal Information is not shared with Third-party providers unless explicitly authorised either in a written request to us, or by your actions authorising such third-parties to obtain Your Information (for example, when connecting a third-party application to our software via API).

Whenever required or permitted by applicable law, Hypercurrent will notify you of third-party requests for your information.

Changes To This Privacy Policy

This Privacy Policy is effective as of 18 November 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us
If you have any questions about this Privacy Policy, please contact us at support@hypercu.com.