7) Disclaimer
Certain templates that may be provided with My Inspection App (“the App”) may reference or be loosely aligned with Australian Standards such as AS 4349 or other examples that may be provided from time to time (“the Standards”). These Standards outline minimum requirements for inspections and associated reporting carried out by a suitably qualified inspector.
My Inspection App is provided solely as software. It does not perform inspections, does not act as an Inspector under the Standards, and does not guarantee or warrant that any templates, reports, or content produced through the App are accurate, complete, compliant with any standards, laws, legislation, regulations, codes, or suitable for any specific purpose.
The App (MIA) and any templates provided are intended only as a general guide and resource. They are not a substitute for professional knowledge, qualifications, due diligence, or for conducting an inspection as defined in the Standards. All templates are designed to be edited, customised, and verified by the user to suit their specific requirements, professional obligations, and jurisdictional laws.
It is entirely the User’s responsibility to obtain independent legal and professional advice prior to using any templates or content generated by the App, and to verify all content for accuracy, suitability, and compliance before use.
My Inspection App/Happy App Pty Ltd does not perform inspections and accepts no responsibility or liability for any inspection, report, or outcome arising from use of the App.
At no stage is My Inspection App or Happy App Pty Ltd defined as, or considered to be, an Inspector under the Standards.
8) IMPORTANT
These Terms of Service are to be read in conjunction with, and operate collectively with, the End User Licence Agreement (EULA).
The following terms and conditions govern all use of the Happy App Pty Ltd software applications and website and all content, services, and products available at or through the website. The Website and software is owned and operated by Happy App Pty Ltd (“Happy App Pty Ltd”). Access to or use of the Website constitutes acceptance of these Terms of Service and the EULA.
Please read this Agreement carefully before accessing or using the Website. Accessing or using any part of the Website constitutes acceptance of these Terms.
9) Account
If you create an account on our Website, you are responsible for maintaining the security of that account and are fully responsible for all activities that occur under it. Happy App Pty Ltd may restrict or remove access to your account if we determine it is being used unlawfully, improperly, or in a way likely to cause liability to Happy App Pty Ltd.
You must immediately notify Happy App Pty Ltd of any unauthorised access. Happy App Pty Ltd is not liable for any acts or omissions by you.
10) General Terms
By selecting a Plan, you agree to pay Happy App Pty Ltd the applicable subscription fees on a pre-pay basis. Monthly fees are charged on signup and are not refundable.
11) Electronic Payments
Payments to My Inspection App may be made electronically through services such as STRIPE Only “completed” payments will be applied to your account. Reversing or disputing an electronic payment will result in termination of your account.
12) Automatic Renewal
a) Each subscription Term will automatically renew for the same length unless either party provides written notice of termination at least thirty (30) days prior to the expiration of the current Term.
b) Unless you notify Happy App Pty Ltd before the end of the subscription period that you wish to cancel your Plan, it will automatically renew and you authorise Happy App Pty Ltd to charge the applicable fees to your payment method on record. Plans can be cancelled at any time within your account page at www.myinspectionapp.com/login
13) Outages
My Inspection App may occasionally experience outages. Happy App Pty Ltd will make reasonable efforts to restore access promptly but assumes no liability for inability to access the App during outages.
14) Cloud Storage
The Happy App Pty Ltd website and Software and Cloud services use the Google Drive platform, Microsoft OneDrive and Apple iCloud. Please refer to these services Terms of Use prior to using these services.
a) Happy App Pty Ltd has not reviewed, and cannot review, all material posted on the Website or uploaded to the service. We do not warrant the accuracy, usefulness, or safety of any material posted by users. You are responsible for protecting your systems from harmful content.
b) Happy App Pty Ltd disclaims responsibility for any harm resulting from use of the Website or downloading posted content.
15) Copyright Infringement
Happy App Pty Ltd respects the intellectual property rights of others and expects the same from users. If you believe content on the Website infringes your copyright, notify Happy App Pty Ltd. We will remove or disable access to infringing material as appropriate.
All trademarks, content, service marks, graphics, and logos used in connection with the Website and Software remain the property of Happy App Pty Ltd. Use of the Website or Software/Apps grants no licence to reproduce or use these marks.
16) Appropriate Use
My Inspection App is intended as a report publishing service. Using the service to generate content for use outside the platform to avoid publication charges is prohibited and may result in termination and removal of reports.
17) Updates
My Inspection App may change in functionality or appearance without notice. Happy App Pty Ltd may update the App at any time and is not obligated to maintain previous versions.
18) My Inspection App is a Venue
My Inspection App acts solely as a venue for inspectors to create and share reports. Happy App Pty Ltd is not a party to any transaction between users and their clients.
Happy App Pty Ltd has no control over, and assumes no liability for:
a) the quality, legality, suitability, or safety of reports created
b) the accuracy of content within reports
c) compliance with Standards Australia, The National Costruction Code of Australia (NCC), The Building Code Of Australia (BCA) , InterNACHI, ASHI, or any regulatory body
d) Users bear full responsibility for ensuring their reports are accurate, truthful, and compliant with relevant legislation and industry requirements.
(e) all clients and users agree to release Happy App Pty Ltd (and its directors, officers, employees, and agents) from all claims and damages arising from disputes with clients.
19) Termination
Happy App Pty Ltd may terminate your access to the Website at any time, with or without cause or notice.
a) Membership may be terminated immediately for breach of these Terms, with no refund.
b) Happy App Pty Ltd may also terminate a membership if it determines the user is not benefitting from the App. Refunds for unused subscription days may be provided.
20) Disclaimer of Warranties
The Website and associated Applications and Software is provided “as is”. Happy App Pty Ltd disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. No guarantee is made that the Website, Software, Services such as My Template Wizard and My Inspection Agreements will be uninterrupted or error-free.
21) Limitation of Liability
In no event will Happy App Pty Ltd or its suppliers be liable for:
a) Special, incidental, or consequential damages
b) Costs of substitute products or services
c) Loss or corruption of data
d) Any amount exceeding the fees paid by you in the 12 months prior to the claim
22) These limitations apply to the fullest extent permitted by law.
General Representation & Warranty
You understand that your use of the Website and associated web services may not comply with all applicable laws, regulations..
23) Indemnification
You agree to indemnify and hold harmless Happy App Pty Ltd, its employees, contractors, and licensors from any claims or expenses arising from your use of the Website, web services and Software applications including legal fees.
24) Changes
Happy App Pty Ltd reserves the right to modify these Terms at any time. Continued use of the Website and Software (Mobile and Web) constitutes acceptance of the revised Terms.
25) Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Any disputes arising in connection with the Website or Services must be resolved in the courts of NSW, Australia.
We reserve the right to initiate proceedings in your country of residence or any other applicable jurisdiction if necessary.
(Effective as of March 1 2014)
