top of page

Terms & Conditions

HERO BLUE 


EQUIPMENT FINANCE SCHEDULES SERVICE 


TERMS AND CONDITIONS

Welcome to the Hero Blue Platform, which is operated by Hero Blue Pty Ltd (ABN 85 655 028 587) (‘Hero Blue’) that allows Subscribers to create, edit, and synchronise their equipment finance schedules via API with their XeroTM accounting software.

These Terms and Conditions (‘Terms’) apply to all Subscribers, visitors and users of the Hero Blue Platform. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By continuing to use the Hero Blue Platform and our Services after any update to these Terms, you agree to the updated Terms. If you do not agree to the updated Terms, then you must stop using the Hero Blue Platform and our Services immediately.

We can provide Subscribers with assistance in relation to their use of the Hero Blue Platform through either phone support, email, or the chatbot accessed on the Hero Blue Platform, and we endeavour to respond within 24 hrs of receipt of your communication:

Phone support number: +61370347679

Email support address: [email protected]


1.    DEFINITIONS

“Account” means an account that allows a Subscriber and their authorised Personnel to access and use the Hero Blue Platform.
“Account” means an account that allows an individual user to access and use the Hero Blue Platform.
“API” means Application Programming Interface, which is the computer code that allows for the transfer of data between the Hero Blue Platform and the XeroTM.
“Content” means any and all material, links, words, images, information uploaded or posted by Hero Blue, or its Personnel, to the Hero Blue Platform.
“Consequential Loss” means any indirect or consequential loss or damage; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; interruption of business, loss or use of data, loss of profit, revenue or anticipated revenue; loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of the Services and whether or not foreseeable at the time of entering into the agreement set out in these Terms.
"Freeware Plan" means the free Licence to use the limited functionality of the Hero Blue Platform that is available to Subscribers who choose free access to the Hero Blue Platform, with the full details of the Freeware Plan set out on the registration Webpage. The Freeware Plan has no integration with XeroTM.
“GST” means the goods and services tax levied under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Hero Blue Platform” means the website from which Hero Blue Pty Ltd (ABN 85 655 028 587) provides the Services.
“Licence” has the meaning set out in clause 2.
"Paid Plan" means the Licence to use the full functionality of the Hero Blue Platform that is available to Subscribers who pay the Subscription Fees for access to the Hero Blue Platform, with the Subscription Fees calculated by the number of equipment finance schedules selected by the Subscriber to be synced with XeroTM;
“Personnel” means any director, officer, employee, independent contractor, agent or other representative.
“Personal Information” has the same meaning as set out in the Privacy Act 1988 (Cth) and includes information or an opinion about an identified individual, or an individual who is reasonably identifiable, such as a person’s name, phone number, email and residential address and other identifying information about a person.
“Services” means the provision of a subscription service for Subscribers to create equipment finance schedules through different plans from time to time offered, some of which may be integrated with the accounting software XeroTM.

“Subscriber” means an individual person who subscribes to access and use the Services on the Hero Blue Platform under either the Freeware Plan or Paid Plan.

“Subscription Fees” means the fees calculated on the number of equipment finance schedules selected by a Subscriber to be synced with XeroTM through the Hero Blue Platform.
“Subscription Term” means the monthly or full yearly period of time for which Subscribers choose to subscribe to access to the Hero Blue Platform, including any renewal of their subscription.
“We”, “our” and “us” means Hero Blue Pty Ltd (ABN 85 655 028 587) and includes all directors, employees, contractors and affiliates.

“Webform” means our online webforms that are used to create an Account or communicate with us on the Hero Blue Platform.
“You” or “Your” means the visitor, user or Subscriber to our Services on the Hero Blue Platform, as relevant, and by doing so, agree to these Terms.

2.    ACCEPTING THE TERMS

By accepting the Terms when setting up an Account for the Services you receive right to access to the Hero Blue Platform that is non-exclusive, non-transferable, revocable and limited in time, as described in the Freeware Plan or Paid Plan, hereinafter defined as a “License”. 

3.    REGISTRATION
3.1    In order to use the Hero Blue Platform, all Subscribers must register and set up an Account.
3.2    To be eligible to access the Hero Blue Platform to receive our Services, Subscribers acknowledge and agree to the following:
3.2.1    You are aged 18 years or older;
3.2.2    You will not share your password or login details with any other person;
3.2.3    You must provide us with truthful, accurate and complete registration information. If any such information changes, you must immediately update your registration information; and
3.2.4    You will not transfer, sublicense or grant access of any of our Services to any other person, company or other legal entity except as agreed in these Terms.
3.3    We have the right to verify the truth and accuracy of any registration information at any time. Please be advised that if any information is determined by us to be misleading, inaccurate or untruthful, we may restrict, deny or terminate your Account and/or your access and use of the Hero Blue Platform.
3.4    It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with our Subscription Terms, we have the right to suspend your subscription. 
3.5    Subscribers are responsible for maintaining the confidentiality of your password or login details and you are fully responsible for all liability and losses resulting from your failure to maintain that confidentiality. 
3.6    Subscribers are responsible for all usage and activity on your Account with us, including use of the Account by your Personnel. 
3.7    Subscribers must notify us by e-mail at [email protected] as soon as you become aware of any confirmed or suspected unauthorised use of your Account, or any confirmed or suspected loss or unauthorised disclosure of your password or login details.
3.8    Any fraudulent, unauthorised or otherwise illegal activity on the Hero Blue Platform may be grounds for us to suspend or terminate your access to the Hero Blue Platform, without prejudice to our rights under any other terms of these Terms.


4.    GRANTING ACCESS TO AUTHORISED USERS

Subject to these Terms, Subscribers may authorise their Personnel to access and use the Platform for the purpose of creating and editing equipment finance schedules and synchronising the schedules via API with the XeroTM accounting software. Other than your Personnel, Subscribers agree they will not provide or facilitate access to the Platform by any other person.

5.    FREEWARE PLAN & SUBSCRIPTION PLAN

5.1    Subscribers to a Freeware Plan will gain access to the Hero Blue Platform when they complete registration of an Account by providing all necessary information and accept these Terms to Licence access to the Hero Blue Platform.
5.2    Subscribers to a Paid Plan will gain access to the Hero Blue Platform when they:
5.2.1    complete registration of an Account by providing all necessary information;
5.2.2    select the tier of subscription by choosing the number of schedules to be synced with XeroTM;
5.2.3    pay the relevant Subscription Fee; and 
5.2.4    accept these Terms to Licence access to the Hero Blue Platform
5.3    The Subscription Fees for the Licenses for the Paid Plan will be at the rates set out on the webform for registration to the Hero Blue Platform. 
5.4    Any equipment finance schedules you create on the Hero Blue Platform and selected for integration with the Xero API count towards your limit as to the number of schedules permitted in the tier of subscription you have chosen, unless you archive or delete the schedules from the Hero Blue Platform.
5.5    The Subscription Fees are paid in Australian dollars and are inclusive of GST and all other duties and taxes, as required by law. 
5.6    We reserve the right to change the Subscription Fees at our own discretion. Such changes will take effect on the renewal of the Subscription Term.
5.7    The Subscription Term for the Paid Plan will commence on the date the Subscriber completes the subscription webform and pays the Subscription Fees, and will continue in effect until the earlier of:
5.7.1    the expiration of full period of time for which the Subscription Fees have been paid and any renewal of the Subscription to the Hero Blue Platform; and
5.7.2    the termination of the Licence to access the Hero Blue Platform in accordance with these Terms.


6.    PAYMENT OF SUBSCRIPTION FEES

6.1    By providing your credit card or debit card details, you authorise us to deduct the Subscription Fees from your credit card or other nominated payment method.
6.2    All Subscription Fees are due in advance. You can set up your Account so that your Subscription will automatically renew, after the expiration of the initial Subscription Term, until you notify us of your decision to terminate your subscription. Accordingly, you agree that your Subscription Fees will be billed automatically at the beginning of each renewal of the Subscription Term. 
6.3    If you do not set up payment for automatic renewal of your subscription for a Paid Plan, and you do not renew your subscription before the end of a current Subscription Period, your Paid Plan License to access the Hero Blue Platform will be automatically cancelled the first day after the end of the current the Subscription Period.
6.4    We do not process any payments on the Hero Blue Platform or store credit card information on the Hero Blue Platform, in the event payment transactions occur on the Hero Blue Platform, our integration ensures that you are dealing directly with Stripe (third-party payment processor) using secure payment technology and Stripe processes the transaction and sends us the confirmation of payment: For further information about Stripe visit their websites.


7.    CANCELLATION, REFUND AND TERMINATION

7.1    Except as expressly stated in these Terms all fees are non-refundable except as required by Australian Consumer Law consumer guarantees. You must cancel your Subscription by logging in and cancelling within your own Account. 
7.2    When you cancel your Paid Plan you can continue to use the Account features until the current Subscription term runs to the end of the payment period for which you have made payment. You can re-subscribe at any time by logging in to your Account and making payment for your Paid Plan period.
7.3    You acknowledge and understand that any schedules or data you wish to retain must be downloaded or saved prior to termination of your Subscription. It is up to you to ensure you have saved your schedules and we are at no time responsible for any lost or unsaved data or schedules.
7.4    Subscribers agree that we may, in our sole discretion, suspend or terminate your access to the Hero Blue Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
7.5    Upon such termination, regardless of the reasons, the right of a Subscriber to use the Hero Blue Platform immediately ceases and you agree we may immediately deactivate or delete your Account and all related data, information and schedules from the Hero Blue Platform. We may also bar you from any further access to the Hero Blue Platform.
7.6    We are not liable to the Subscriber or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension of your account.
7.7    We are not required to provide any refund of Subscription Fees or part thereof to a Subscriber to a Paid Plan for such termination or suspension of any Account for any breach of our Terms.

8.    STORAGE AND DELETION OF DATA 

8.1    As part of our compliance process, we delete all data and schedules  stored on our systems following 6 months of inactivity on Freeware Accounts. If there is no activity on a Freeware Account for a period of 6 months, we will automatically delete all files and schedules. Please note: We do not provide any notification prior to deletion of such files and materials. 

8.2    We will otherwise provide notification for any other data deletion which we may do from time to time.

9.    MODIFICATION OF THE HERO BLUE PLATFORM

9.1    We reserve the right at any time and from time to time to add functionally or remove, delete, alter or change any functionality on the Hero Blue Platform. 
9.2    We make no warranty that the access to the Hero Blue Platform or website or our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the access to the Hero Blue Platform is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the access to the Hero Blue Platform becomes unavailable for any lengthy and unusual time period.
9.3    You agree and acknowledge that the access to Hero Blue Platform uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. 
9.4    You further agree not to:
9.4.1    Up-load, post, communicate, or link to any corrupt files, viruses, malware, trojans, worms or any other forms of malicious computer script or any computer program containing any other contaminating or destructive features that may damage any computer or computer server on which the Hero Blue Platform is located;
9.4.2    Use any robot, spider, scraper or other automated means to perform searches on the Hero Blue Platform; or
9.4.3    Copy, disassemble, decompile or reverse engineer the computer programs and software applications used on the Hero Blue Platform.

10.    DISCLAIMER

10.1    By using our Services, you hereby understand that the output from the Hero Blue Platform or any Content we publish on the Hero Blue Platform is for general informational purposes only and nothing contained on the Hero Blue Platform is intended to be construed as or relied upon as accounting or taxation advice. 
10.2    The accuracy of the equipment finance schedules you create and edit on the Hero Blue Platform depends on the data you input to the schedules and the editing you carry out on the schedules. We are not liable for:
10.2.1    any errors or omissions that may exist in the equipment finance schedules you create and edit using the Hero Blue Platform, including but not limited to, any overdue or missed payments due on any equipment, as such overdue or missed payments are not automatically calculated by the Hero Blue Platform. You must manually edit schedules to input overdue or missed payments to permit the schedule to recalculate the new breakdown of interest, outstanding payments etc, based on the updated data; and
10.2.2    any corrupted, lost or deleted schedules, and it is your responsibility to back up in your computer system any equipment finance schedules you create and edit on the Hero Blue Platform.

11.    LIABILITY 

11.1    You agree and acknowledge that we are not liable for any direct, indirect, incidental loss or damage or Consequential Loss which may result from your use of our Services or the Hero Blue Platform. For the sake of clarity, in no event will we be liable for any direct, indirect, incidental loss or damage or Consequential Loss of any kind even if the possibility of such loss was made known to us. 
11.2    This limitation of liability clause includes any reliance by you on any opinions and information on the Hero Blue Platform. You assume all risk in using our Services and we cannot be liable for your use of or reliance on our Services. While we endeavour to keep the Hero Blue Platform up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any opinions and information published on the Hero Blue Platform. Any reliance you place on such opinions and information is therefore strictly at your own risk. 
11.3    ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).   
11.4    Our liability is governed solely by the ACL and these Terms. Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Services will be: provided with due care and skill; fit for any specified purpose; or provided within a reasonable time.
11.5    If we breach your Statutory Rights, our liability to you is limited to:
11.5.1    re-performance of the Services; or
11.5.2    the payment of the cost of having the Services supplied to you again or, at our option, refunding to you the amount you have paid for the Services to which your claim relates.

11.6    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.    INDEMNITY

You will defend, indemnify and hold us and our Personnel harmless from an against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, any direct, indirect, incidental loss or damage or Consequential Loss, and all legal fees, which may be brought against us or our Personnel (or both) by any third party in respect of any claimed loss or damage arising from (i) your breach or alleged breach of these Terms, or (ii) unauthorised use of the Hero Blue Platform by you, your Personnel or anyone using your login information.

13.    INTELLECTUAL PROPERTY: TRADE MARKS & COPYRIGHT

13.1    XeroTM is the registered trademark of Xero Limited.
13.2    All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Hero Blue Pty Ltd.
13.3    Nothing in these Terms grants Subscribers any right to use any trademark, service mark, logo, and/or brand name included in the Hero Blue Platform.
13.4    Any Content you may access on or through the Hero Blue Platform or that we may distribute from time to time are owned by and the intellectual property of Hero Blue Pty Ltd. You are expressly forbidden from sharing, distributing, transmitting, transferring, uploading, selling, licensing, republishing, reproducing in any manner, any of our Content at any time without our express permission.
13.5    You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Hero Blue Platform. Any unauthorised use of the Content and any other material appearing on the Hero Blue Platform may violate copyright, and other applicable laws and could result in criminal or civil penalties.

14.    PRIVACY POLICY

14.1    We, at all times, keep any personal information provided by you in a secure manner in accordance with Privacy Act 1988 (Cth) and the Australian Privacy Principles, in relation to the collection, storage, use and disclosure of personal information by you.
14.2    We may be required, in certain circumstances, to disclose personal information in good faith in the following circumstances: by operation of law; and in the case of any threatened or potential emergency situation involving any risk or threat to the safety of any person.
14.3    We have the right to disclose your name and any other personal information to any law enforcement authority or other competent law enforcement authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.
14.4    We reserve the right to communicate with you, also for marketing purposes. Such communication can be newsletters, product updates, offers or other information related to the Hero Blue Platform. You may of course opt out of receiving emails from us at any time by unsubscribing at the end of the email.
14.5    Please note that although you may opt out of receiving certain emails, we still reserve the right to communicate with all our Subscribers via email regarding specific orders, requests or inquiries from our Subscribers that are related to the Services.

15.    LINKS TO OTHER WEBSITES

We may provide links to other websites and information from time to time for your convenience. This does not necessarily imply sponsorship, endorsement, approval or an arrangement between the Hero Blue Pty Ltd and the owners of these websites. We take no responsibility for any of the content, products or services that may be provided or found on the linked websites. We are making a recommendation only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

16.    MISCELLANEOUS

These Terms set out the entire agreement between the parties and it replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter and these Terms cannot be modified or varied except by written agreement signed by each party. 
If a provision is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement.


17.    GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms. 


These Terms were last modified on 5th July 2022 and are effective from that date.

bottom of page