Terms and Conditions
Effective Date: From 1 July 2014
1 DEFINED TERMS USED IN THIS AGREEMENT
1.2. Approved Card means Visa or MasterCard or such other card as We allow to be used to pay for Our Services.
1.3. Competitive Purpose means any purpose that enables You or any other person to compete with Us in providing services that are, in our reasonable opinion, similar to the Services.
1.4. Contact Us Form is the web form headed “Contact Us” which is located in the navigation bar on the foot of the home page on the Website.
1.5. Contract Details means the details relating to a particular transaction that are entered into our Website as part of the Purchasing Process, Including Your name and contact details, type of Service and the Prices payable.
1.6. GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7. Including or Includes are not words of limitation.
1.8. Price means the amount that is payable for the Services described in this Agreement, Including the Price for using an Approved Card and any other amounts stated on the Contract Details, such amounts being inclusive of GST.
1.10. Purchasing Process means the completion of Contract Details, the acceptance of any terms and conditions relating to the transaction and, if required by the Website, payment for the relevant Service, for a particular transaction in our Website.
1.11. Software means software application that facilitates the provision of the Services.
1.12. Services means the supply of a report on Your social media profile.
1.13. The Social Index (We, Us, Our) means The Social Index Pty Ltd ACN 163 118 250.
1.14. Website means Our website, currently at www.thesocialindex.com
1.15. You means the person whose name was entered into the Contract Details as part of the Purchasing Process.
2 THE AGREEMENT
2.1. This Agreement is made between You and Us when the button accepting this Agreement is clicked as “I Agree” as part of the Purchasing Process.
2.2. You must be 18 years old or over to use this Service, or have the permission of Your parent or guardian and You must use the Website only with their active involvement and approval. If You do not meet this requirement You must stop using the Service immediately.
2.3. Nothing in this Agreement excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the Competition and Consumer Act 2010 in contravention of that Act.
3 THE SERVICES
3.1. Subject to the receipt of payment of the Price, You will have access to the Service to obtain a social media profile on Yourself. We will provide You with a report on Your social media profile within 3 business days of You submitting a request through the Website.
3.2. You appoint Us as Your lawful agent to:
(a) use any user name or other access information that You provide Us and/or otherwise access each of the social media accounts agreed by You;
(b) copy and adapt any material, whether protected by any intellectual property rights, contract, privacy or other obligation, that appears to have been posted by You, from any of Your social media accounts,
for the purpose of providing You with the Services.
3.3. As part of the Service You are granted a limited right to:
(a) access and use the Software;
(b) print and make copies of the documents that are generated from the Software,
to obtain a social media profile of Yourself, for Your own personal use. You are not granted any other rights to use the Service. In particular, You must not use the Service to access any other person’s social media accounts or to obtain a social media profile on any other person.
3.4. You must not use, nor allow any third person access to any part of, the Service:
(a) for any Competitive Purpose;
(b) for any unlawful purpose, any activities which breach any law (Australian law or foreign law), breaches any person’s rights of privacy, confidentiality or intellectual property or which menaces or harasses any person, unlawfully discriminates against any person or is, in Our unfettered opinion, obscene, offensive or inappropriate use of the Service. We have the right, but not the obligation, to investigate, remove or delete any information or content that We believe breaches this clause, without liability to You);
(c) to conduct any data mining, reproduction, automated queries or other data extraction process.
4 OPERATIONAL ISSUES
4.1. You must ensure that You keep Your password and other unique security access codes that We issue You to use the Service strictly confidential, and You must not disclose Your password to anyone else.
4.2. You are responsible for all costs, both capital and on-going/use, involved in connecting to and using the Service, and if the Service or any application on it is updated or changed in any way, and this update requires a new or upgraded software, hardware or network technology to connect to, or use, it, then any costs associated with that upgrade are solely Your responsibility too.
4.3. In order to respond to market needs We may, in Our discretion, change, delete or add any features, functions, applications, (Including replacing the entire Software with other software that provides similar features), offers, deals, advertising, navigation, the look and feel, branding or any other item on the Service, or the infrastructure or technology on which it is operated, without liability to You.
5 MAKING PAYMENT
5.1. You must pay Us the Price by Approved Card at the time when You sign up for the Services.
5.3. You are responsible for any exchange rate fees or charges for international transactions charged by Your card provider. All amounts stated in this Agreement are in Australian Dollars.
5.4. If any payment is made to Us using an Approved Card and the financial institution subsequently refuses to honour the payment for any reason, or for any other reason payment is not honoured or completed or We are required to make a chargeback (other than providing a refund as required by law), then:
(a) You must immediately pay the relevant Price that the Approved Card was used to attempt payment by a means acceptable to Us; and
(b) You must pay a non-payment fee of $35.00, plus GST, for each occasion when payment was not made properly, when We incurred a charge back; and
(c) You must indemnify Us for any loss, damage or expense incurred by Us in connection with such non-payment and recovery of monies.
6 REFUNDS AND OUR LIABILITY TO YOU
6.1. To the extent permitted by law, if We fail to comply with a statutory guarantee under sections 60 – 62 of the Competition and Consumer Act 2010, Our liability for such a failure is limited to, at Our option:
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again,
provided that it is fair and reasonable for Us to rely on this term of the agreement.
6.2. Our liability for any loss, damage or expense that is not provided for under clause 6.1, is to the maximum extent permitted by law, limited to direct losses (and not indirect or consequential losses) of up to $100.
6.3. You are only entitled to a refund of any amount paid to Us for the Service if the refund must be paid by law.
6.4. Unless We agree otherwise, refunds will be made using the same method as that of payment. E.g. If the original payment was made against Your personal credit card, that same credit card will be credited with any refund. If You no longer have the same credit card We will make payment to in the manner that We are required to pay in accordance with the codes of practice that govern credit cards.
6.5. If You disclose a copy of Your social media report to any other person, You indemnify Us for any loss, damage or expense that We may incur as a result.
7 PRIVACY AND INTELLECTUAL PROPERTY
7.2. All information, content and the Website (including any trademarks, service marks, logos get up or other branding) that is made available to You in connection with this Agreement or the Website is owned by Us or is licensed to Us by others, and We or our licensors retain all intellectual property rights in them. You are granted only the limited license to use the information, content and Website as set out in the Agreement. You must not copy, adapt, translate or sub-license any of Our (or those of our licensors) intellectual property rights. We reserve all other rights.
8 OTHER ISSUES
8.1. We may suspend or terminate this Agreement immediately and without notice if You are in breach of this Agreement or if Your use of the Service is detrimental to the use of the Service by others. Where We are of the opinion that that the breach is minor We may provide You with notice of Our intention to suspend or terminate this Agreement and allow You the ability to remedy any breach within the time stated in the notice. If You have not remedied the breach within that time We may then terminate the Agreement.
8.2. You acknowledge and agree that:
(a) only a director of The Social Index has the authority to vary this Agreement and any such variation must be done in writing and signed by a Director of The Social Index;
(b) in entering into this Agreement You have not relied on any statement, representation act or omission that is not set out in written form in the Agreement.
8.3. We agree that both of us may use electronic communications in connection with this Agreement. Any electronic communication shall have the same effect as if it was a hard copy document with the same information on it.
8.4. You may not assign, transfer or novate this Agreement to any other person without our prior written consent, such consent not to be unreasonably withheld or delayed.
8.5. This Agreement is subject to the laws and exclusive jurisdiction of the courts of New South Wales, Australia.
9 COMPLAINTS AND FEEDBACK
If You wish to make a complaint or provide any comments regarding the Service or this Agreement, You can do so through contacting Us using the Contact Us Form.