Last updated: 21 September 2026
These Terms of Service ("Terms") govern access to and use of the BisCare Cloud platform, web applications, APIs, and related digital services (collectively, the "Platform"), operated by Hasitha Haththella trading as BisCare Cloud (a Registered Sole Trader based in Auckland, New Zealand & Kandy, Sri Lanka; "we", "us", or "our"). By registering an account, accessing, or using the Platform, you ("Customer", "User", or "you") agree to be bound by these Terms on behalf of yourself and any business entity you represent. If you do not agree to these Terms, do not access or use the Platform.
BisCare Cloud provides a subscription-based business management platform for small and medium businesses. Features, editions, and pricing are described on our pricing page and may change over time.
If you acquire or use the Platform for the purposes of a business or in trade, you agree that the statutory guarantees under the Consumer Guarantees Act 1993 do not apply to these Terms or the provision of the Platform. Pursuant to section 43C of the Fair Trading Act 1986, to the maximum extent permitted by law, sections 9, 12A, and 13 of that Act do not apply to business-to-business transactions under these Terms, and both parties acknowledge that it is fair and reasonable to be bound by this exclusion.
The Platform is provided strictly on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we disclaim all express, implied, or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that access to the Platform will be continuous, uninterrupted, completely secure, or error-free.
To the maximum extent permitted by law, our aggregate liability (whether in contract, tort, negligence, breach of statutory duty, or otherwise) arising out of or in connection with the Platform or these Terms is capped at the total fees you actually paid us in the six (6) months immediately preceding the event giving rise to the claim, or $500 NZD, whichever is greater. Under no circumstances are we liable for any indirect, incidental, punitive, or consequential damages, including loss of profits, loss of revenue, business interruption, loss or corruption of data, system downtime, or cost of substitute software.
The Platform relies on third-party cloud infrastructure, hosting providers, network carriers, and external APIs. We assume no liability for service failures, network outages, security breaches, or data losses originating directly from third-party infrastructure providers. We aim to keep the Platform available and performant but do not guarantee uninterrupted access; scheduled maintenance and unplanned outages may occur. Support is provided as described for your subscription plan.
You retain all right, title, and interest in the business data you upload to or process on the Platform ("Customer Data"). You grant us a limited, non-exclusive licence to host, transmit, process, and display Customer Data solely to provide the service to you. You are solely responsible for maintaining independent external backups of all Customer Data. Our collection and use of personal information is described in our Privacy Policy.
You agree not to:
The Platform, including its software, branding, architecture, design, and content (excluding your data), is owned by us or our licensors and is protected by intellectual property laws. Nothing in these Terms transfers ownership of the Platform to you.
We may immediately suspend or terminate your access to the Platform without prior notice if you materially breach these Terms, fail to pay subscription fees, or engage in activity threatening system stability. You may stop using the Platform and cancel your subscription at any time via account settings; cancellation takes effect at the end of your current billing period.
These Terms are governed by, construed, and enforced strictly in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts located in Auckland, New Zealand for any dispute arising out of or in connection with these Terms. Mandatory consumer protection laws of your home jurisdiction are not excluded where applicable.
We may update these Terms from time to time. Material changes will be notified to registered account owners by email or via an in-app notice before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to [email protected].