Clocked Terms of Use
1. About these terms
Clocked (the "App") is provided by HAJBL Pty Ltd (ABN 20 690 112 960) ("we", "us"). The App records your driving trips to help you keep a vehicle logbook, estimate car-expense, commuting and other driving tax claims, keep fuel purchase records and estimate fuel tax credits or refunds, track rideshare/delivery earnings and find fuel savings on routes you repeat.
By tapping "Agree and continue", or by using the App, you agree to these Terms of Use and acknowledge our Privacy Policy. If you do not agree, do not use the App.
If you use the App for a business, you confirm you are authorised to accept these terms for that business, and "you" includes the business.
2. Who can use the App
You must be at least 16 years old. If you are under 18, you need a parent or guardian’s permission, and they agree to these terms on your behalf.
3. Your licence to use the App
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own personal or internal business purposes, under these terms and the rules of the App Store or Google Play you downloaded it from.
You must not copy, modify, reverse engineer, resell or redistribute the App or its data (except where the law allows you to), use it unlawfully, use it to harm others, interfere with its operation or with services it connects to, or attempt to bypass subscription checks.
4. Subscriptions, free trials and payment
Some features require a paid subscription. Prices, plans and what is included are shown in the App before you subscribe.
Who bills you: subscriptions are sold and billed by Apple (App Store) or Google (Google Play), not by us. Payment is charged to your Apple ID or Google Play account at confirmation of purchase, or at the end of a free trial.
Free trials: where a free trial is offered, it gives you the full paid features for the trial length shown on the purchase screen, and nothing is charged during it. At the end of the trial the price shown on the purchase screen is charged and the subscription starts, unless you cancel at least 24 hours before the trial ends. The purchase screen shows the date and amount before you start.
Reminder: where you allow notifications, the App sends a reminder 2 days before your free trial ends. Apple and Google also send their own notices as their rules require. A reminder that fails to arrive does not change when the trial ends.
Renewal: subscriptions renew automatically at the end of each period at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period.
How to cancel: on iPhone or iPad, open Settings, tap your name, then Subscriptions. On Android, open the Google Play app, tap your profile icon, then Payments and subscriptions, then Subscriptions. The App also has a Manage or cancel button in Settings that opens the same page. Deleting the App does not cancel a subscription.
Cancelling stops the next renewal. You keep the paid features until the end of the period you have already paid for, and nothing more is charged.
Refunds: payments, renewals and refunds are handled by Apple or Google under their terms, and refund requests are made to them (Apple: https://reportaproblem.apple.com; Google: https://support.google.com/googleplay/answer/2479637). We cannot issue refunds directly for store purchases.
Nothing in these terms limits your rights under the Australian Consumer Law, or under any other consumer law that applies to you (section 11).
We may change prices or what a plan includes. Price changes for existing subscribers are notified through the store as its rules require, and you can cancel before they take effect.
We may offer some features free or in a limited "lite" form. We can change or withdraw free features at any time.
5. Information only — no professional advice
The App provides general information and record-keeping tools. It does not provide professional advice of any kind and does not take into account your objectives, circumstances or needs.
Tax rates, thresholds and rules in the app are general information collected from tax authorities and other public sources. They change, may be wrong or out of date, and some are marked "unconfirmed". They are not tax, legal or financial advice and do not take your circumstances into account.
Amounts shown (for example deductions, credits or savings) are estimates only. Whether and how much you can claim depends on your circumstances and the law in your country. Check with the relevant tax authority or a registered tax agent/adviser before you lodge anything.
The app does not lodge returns, statements or claims for you, and using it does not mean a claim will be accepted by a tax authority.
Automatic trip detection uses your phone’s GPS and can miss, split, merge or mis-measure trips. You must review every trip, add the business purpose and correct distances before relying on the logbook.
To save battery, GPS is switched on only when motion activity or a change of location suggests you are driving, so the first part of a trip can be estimated from where your car was parked. Trips that start away from where your car was parked are held back as possible passenger trips (bus, train or a lift) until you confirm you drove.
Suggested trip types and purposes are learned on your device from your own past choices and can be wrong. A suggestion never classifies a trip; only trips you confirm count in reports and exports.
Rideshare and delivery earnings, net-per-hour and GST figures are estimates from what you enter; they are not bookkeeping or GST advice.
Eligibility for fuel tax credits, refunds or rebated fuel depends on the fuel, the activity, the vehicle (for example heavy-vehicle environmental criteria) and your registrations. The app does not check eligibility for you; it applies the machine and use you choose.
Commuting and other driving deductions depend on your circumstances and your country’s rules; the app only applies the trips, distances and costs you enter.
Route and fuel-saving figures are estimates based on third-party road data and the fuel figures you enter. Suggested stop orders and routes may be unsuitable, closed, unsafe or illegal for your vehicle. Always follow road rules and conditions.
Never use the app while driving. Set up trips and plans before you start or when safely parked.
You should get advice from an appropriately qualified professional before relying on anything in the App for a decision that matters to you.
6. Your records and responsibilities
You are responsible for everything you enter in the App, for checking that it is accurate and complete, and for any records, returns, claims or declarations you make to any authority or other person using information from the App.
Using the App does not by itself mean your records meet any law or authority’s requirements.
Your data is stored on your device. If you delete the App, lose or reset your device, or clear the App’s data, your records may be permanently lost, except what is in your iCloud backup where the App offers one (section 6C). Use the export feature to keep your own copies, especially of records you are legally required to keep.
- Making sure every logbook entry is complete and true, and meets your tax authority’s record-keeping requirements.
- Keeping your own copies (export) of records you must retain, for as long as the law requires.
- Allocating fuel only to genuinely eligible use — not private use or vehicles your country excludes (for example light vehicles on public roads in Australia) — and keeping fuel invoices for as long as your tax authority requires (in Australia, generally 5 years).
6A. Check everything before you rely on it
The App is a tool. It records and calculates from what you enter, what your device senses and what third-party services return. All of these can be wrong.
You are solely responsible for checking that all data, records, trips, distances, classifications, calculations, estimates and exports produced by or with the App are correct and complete before you rely on them or give them to anyone — including a tax authority, regulator, accountant, auditor, buyer, insurer or employer.
In particular, the App may: miss, split, merge or mis-measure trips; record an inaccurate location; stop tracking in the background (for example when your device restricts it, the battery is low or permissions change); show forecasts, routes, rates or values that are out of date or wrong; and contain bugs.
6C. No account, and iCloud backup
The App has no account or sign-in. Your subscription is tied to your Apple Account; keep it secure, because anyone with access to it can restore your purchases and, where the App backs up, your iCloud backup on their device.
Where the App offers iCloud backup, the backup is stored by Apple in your own iCloud under your agreement with Apple, and needs iCloud to be on and enough iCloud storage. We take reasonable care to make the App’s backup and restore dependable, but we do not control iCloud and cannot see, restore or delete your backup for you. A backup does not replace your own exports, especially of records you are legally required to keep. Anything that stays on your device (see the Privacy Policy, section 5D) is not in the backup. [REVIEW]
Settings → Delete my data deletes the App’s data on the device and its iCloud backup (only the device copy if you are not signed in to iCloud at the time). This does not cancel your App Store subscription.
7. Third-party data and services
The App uses data and services from third parties (listed in the Privacy Policy and in Settings → Data sources). We do not control them. Their data may be inaccurate, incomplete, delayed or unavailable, and they may change or stop their services. Their own terms may also apply.
Rates, rules and thresholds published by tax and other authorities change, sometimes with retrospective effect. Figures marked "unconfirmed" in the App have not been checked against the authority’s own publication.
8. Availability and changes to the App
We try to keep the App working and up to date, but we do not promise it will always be available, error-free or compatible with your device. We may update, change, suspend or discontinue the App or any feature.
9. Intellectual property and feedback
We (or our licensors) own the App, its design, logos and content. Your records belong to you.
If you send us feedback or suggestions, you allow us to use them without obligation to you.
10. Suspension and ending these terms
You can stop using the App at any time. We may suspend or end your access if you seriously or repeatedly breach these terms or use the App unlawfully. Ending these terms does not cancel a store subscription — cancel it in your store account.
11. Your consumer rights
Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or condition, that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the New Zealand Consumer Guarantees Act 1993 (where you are a consumer), the consumer laws of the United Kingdom, the European Union and EEA, and any other consumer protection law that applies to you.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
12. Limits on our liability
To the maximum extent permitted by law, and subject to section 11, the App is provided "as is" and "as available", and we exclude all warranties, representations and conditions not expressly set out in these terms.
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, savings, data or business opportunity; any tax shortfall, penalty, interest or rejected claim; any fine or regulatory action; any loss of or damage to crops, livestock, property or the environment; or any loss arising from your reliance on forecasts, estimates, valuations, rates or calculations in the App.
Without limiting the paragraph above, and to the maximum extent permitted by law, we are not liable for loss arising from: GPS or location inaccuracy; missed or incorrectly detected trips; interruptions to background tracking; sensor or device errors; errors or gaps in map, routing, weather, satellite, tax-rate or other third-party data; calculation estimates; bugs, errors, downtime or unavailability of the App; loss or corruption of data; or any misuse of the App. [REVIEW: per market — consumer-law limits on exclusions, and unfair contract terms rules for small businesses in Australia]
Where our liability for failing to comply with a consumer guarantee can lawfully be limited, it is limited (at our option) to supplying the services again or paying the cost of having them supplied again. Subject to that, our total liability to you for all claims relating to the App is limited to the greater of the amount you paid for the App or subscription in the 12 months before the claim and AUD 100.
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded by law. [REVIEW: enforceability of caps in each market]
13. Indemnity
To the extent permitted by law, you indemnify us against claims, losses and costs (including reasonable legal costs) arising from your misuse of the App, your breach of these terms, or any records, returns, claims or declarations you submit to anyone using information from the App — except to the extent the loss was caused by our own breach or negligence.
This section does not apply to you to the extent you are a consumer and the law where you live does not permit it. [REVIEW: indemnities from consumers and small businesses may be unfair contract terms in Australia, the UK and the EU]
14. Changes to these terms
We may update these terms. If a change is material, we will ask you to accept the new version in the App before you continue using it. The version and effective date are shown at the top of this document.
15. Governing law and disputes
These terms are governed by the laws of Western Australia, Australia, and the courts of that State and the Commonwealth of Australia have non-exclusive jurisdiction. If you are a consumer living in another country, you also keep the protection of the mandatory laws of your country and may bring proceedings in your local courts. [REVIEW: governing law choice]
Please contact us first so we can try to resolve any problem.
16. Apple App Store terms
If you downloaded the App from Apple’s App Store: these terms are between you and us, not Apple, and we (not Apple) are responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer protection, privacy or similar claims, and any third-party claim that the App infringes intellectual property rights. You confirm you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and are not on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Apple’s Licensed Application End User License Agreement also applies to the extent it is not inconsistent with these terms.
17. General
If any part of these terms is invalid or unenforceable, the rest continues to apply. A failure to enforce a right is not a waiver. You may not transfer your rights under these terms; we may transfer ours to a business that takes over the App. These terms, the Privacy Policy and the store’s terms are the whole agreement about the App.
18. Contact
HAJBL Pty Ltd, Fremantle, Western Australia 6160, Australia. Email: legal@[your-domain].