WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to http://www.myreviewhub.com.au/ ('Website'). The Website provides information about our mobile app services .
1.2. The Website is operated by TIDALPOOL (ABN 26 428 640 451) . Access to and use of the Website, or any of its associated Products or Services, is provided by TIDALPOOL. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. TIDALPOOL reserves the right to review and change any of the Terms by updating this page at its sole discretion. When TIDALPOOL updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms You accept the Terms by remaining on the Website.
You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TIDALPOOL in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of TIDALPOOL are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by TIDALPOOL or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by TIDALPOOL, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to: TIDALPOOL does not grant you any other rights whatsoever in relation to the (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device's cache memory; and (c) print pages from the Website for your own personal and non-commercial use. Website or the content. All other rights are expressly reserved by TIDALPOOL.
3.3. TIDALPOOL retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: to you. (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
3.4. You may not, without the prior written permission of TIDALPOOL and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
TIDALPOOL takes your privacy seriously and any information provided through your use of the Website and/or content are subject to TIDALPOOL's Privacy Policy, which is available on the Website.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) TIDALPOOL will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of RAM BD make any express or implied representation or warranty about the content or any products or content (including the products or content of TIDALPOOL) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the content or any of the products of RAMBD; and (d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. TIDALPOOL's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that TIDALPOOL, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3. You acknowledge and agree that TIDALPOOL holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing TIDALPOOL with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to TIDALPOOL via the 'Contact Us' link on our homepage.
7.2. TIDALPOOL may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) TIDALPOOL is required to do so by law; (c) TIDALPOOL is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by TIDALPOOL, is in the opinion of TIDALPOOL, no longer commercially viable.
7.3. Subject to local applicable laws, TIDALPOOL reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts TIDALPOOL's name or reputation or violates the rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and TIDALPOOL have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
8.1. You agree to indemnify TIDALPOOL, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Sunshine Coast, Australia.
9.4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by TIDALPOOL is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Approved
Date: 19/09/2024
TERMS AND CONDITIONS OF REVIEWD
Dear Customer, by accepting these Terms and Conditions, you declare that:
● be aware that the complete insertion of the required data in the form ("Form") of Free Trial and its signature in electronic mode (through the appropriate button), is equivalent to contractual acceptance of this document and the Annexes;
● be aware that the subscription to the Service will become effective only upon receipt of the notice of successful activation sent by MY REVIEW HUB via e-mail ("Welcome Email");
● having read and accepting, without reservation, all the provisions and clauses set forth in this document, which are reproduced in full below;
● having read, understood and accepted the economic terms and conditions contained in this document;
● having read, understood and expressly accepted, pursuant to and for the purposes of Art. 1341 of the Civil Code, the following provisions of the Terms and Conditions: "OPERATION OF THE SERVICE"; "WARRANTIES"; "UNAUTHORIZED USE"; "INTELLECTUAL PROPERTY AND COPYRIGHT" "LIMITATIONS OF LIABILITY AND SUPERVENING IMPOSSIBILITY"; "MODIFICATIONS TO THESE TERMS"; "CONFIDENTIALITY AND PRIVACY" "EXPRESS TERMINATION OF CONTRACT"; "ASSIGNMENT OF CONTRACT"; "NULLITY"; "APPLICABLE LAW AND JURISDICTION"; "PERSONAL DATA"; "GENERAL CLAUSE".
DEFINITIONS
For the purposes of these Terms and Conditions and the Annexes, the definitions set forth in this article shall apply.
Subscription: is the period during which the Customer, upon completion of the Registration phase and payment of the monthly fee, uses the Platform Services. The cost of the Subscription is closely related to the number of Activities entered by the Customer in his/her account.
Customer Account: is the main account, created directly by the Customer, through which you can manage your Subscription.
User or User Account: are the licenses of use with limited functionality of the Service activated by the Customer Account.
Attachment(s): are the documents having legal force that can be consulted on the Site including but not limited to: the privacy policy and the cookie policy.
Activity: refers to one or more of the business activities managed by the Client, connected to the Client Account.
Carousel: is the mode with horizontal interface of using the Widget feature. This feature allows the Client to display the best 15 most recent reviews (having text message).
Chat: is the support service included in the Platform, which refers to the third-party service offered by REVIEWD, through which the Customer can communicate directly with a member of the Company's team to receive the required support.
Customer(s): is the natural and/or legal person who, as part of his/her business activity, uses the Service offered by the Company.
REVIEWD or Company: is the company "MY REVIEW HUB" . headquartered in "QUEENSLAND, AUSTRALIA" , e-mail "info@reviewd.com.au"
Feed: is the mode with vertical interface of using the Widget feature. This feature allows the Client to expose the best 15 most recent reviews (having text message).
Features: are the features of the Platform that the Customer can access by browsing the Site.
Integrations: is the feature present in the Platform that allows the Client to import within it the Public Reviews on third-party sites such as Facebook, Google, TripAdvisor, etc.
Interested parties: are the Client's customers and/or users invited to review the Activity. They must be informed in advance by the Client about the purpose of the processing of personal data and the use of the Service offered by REVIEWD.
Free Plan: is the free plan offered by MY REVIEW HUB that will start from the receipt of the Welcome Email.
Public Review(s): are the reviews published on third-party sites and integrated into the Platform.
Private Reviews: are the reviews that the Customer receives in the Platform and decides to keep confidential.
Registration: is the stage of subscribing to the Subscription, as described in the "Features of the Service" section of this document.
Sectors: are the areas of Activities.
Service: is the innovative system developed by MY REVIEW HUB, which allows Customers to integrate, manage, monitor and share Public Reviews, as well as send requests for reviews to Interested Parties.
Site: is the domain www.myreviewhub.com.au owned by Tidalpool
Software and/or Platform: is the platform conceived, designed, built and put on
market by MY REVIEW HUB, which responds to the domain app.myreviewhub.com.au.
Terms and Conditions: is this document that governs the general terms and conditions between MY REVIEW HUB, its Customers and any User Accounts connected to it.
Widget: is a computer function that allows, through a link provided by the Platform, the inclusion of the best and most recent reviews on the site of one's Activity.
SUBJECT
These Terms and Conditions and the Annexes on the Site, govern the contractual relationship between REVIEWD, the owner and proprietor of the Platform, and Clients. Acceptance of the Terms and Conditions and the Annexes by the Customer is a prerequisite for initiation of the Free Plan and activation of the Subscription.
The Customer declares that it has carefully read these Terms and Conditions and the Annexes before sending the Form and starting to use the Service.
The Customer, without having to physically sign any paper form, may sign these Terms and Conditions and the Annexes, in the sense of full acceptance of them, after completing the entry of the required data in the Form and finally selecting the appropriate button.
The selection of the aforesaid button shall be understood as a subscription to all effects of the Terms and Conditions and the Annexes, as well as the regulations contained therein. It is understood that the validity of acceptance of this document will also extend to the Registration phase.
Through the completion of the Form, the Customer also accepts the sending by MY REVIEW HUB of information via e-mail and/or SMS to facilitate the use of the Service.
OPERATION OF THE SERVICE DESCRIPTION
REVIEWD operates in the IT sector by offering Customers the Service, which allows the Customer Account to enter Activities in their own Sector and to take advantage of the Functionalities described later.
The Customer Account through the Integrations will be able to manage and aggregate Public Reviews. The best Public Reviews will be able to be placed within the corresponding Activity's website via Widgets.
In addition, the Client Account will be able, by entering the data of the Interested Parties, to send them e-mails, SMS and/or Whatsapp messages, to request them to review the Activity they have used, thanks to the "Send Link" feature.
The Customer Account can, in addition, decide to automatically send the Interested Parties the request to issue a review, through the section called "Automate".
FUNCTIONALITY
▪ Feedback Manager is the section that allows the Client Account to monitor and
analyze the flow of Public Reviews received.
▪ My Activity: in this section the Client can add, remove, update and/or manage Activities (divided by Sectors) and Integrations.
▪ Send Links: through this Functionality, the Client sends requests to Interested Parties to
release reviews through e-mail, SMS and/or Whatsapp messages via a link automatically generated by the Platform (the "Link"). Interested Parties who click on the "Positive Experience" button will be able to decide on which third-party site (Facebook, Google, TripAdvisor, etc.) to release their review. If, on the other hand, Interested Parties click on the "Negative Experience" button they will be directed to fill out a form, the answers to which will be imported into the Negative Reviews section. The maximum number of emails you can send per month is 100, of SMS is 20 and of messages through Whatsapp 100 per month for the free plan, 1000 emails, 100 sms and unlimited Whatsapp for the pro plan .
▪ Edit template: thanks to this Functionality the Customer Account can edit
the text to be included in the email, SMS and/or Whatsapp message sent via the Send Requests Functionality. In addition, the Customer Account can customize the templates of posts to be shared on social channels via the "Post for Social" Feature.
▪ Site Widget: through this section, the Client Account can use the Link to post the latest best public Reviews on the site of the corresponding Activity
corresponding, through the Carousel, Feed, Pop-up, Badge and Video modes.
▪ Sharing on Social: is the Functionality of the Platform that allows the
link to the Client Account's social profiles in order to share Public Reviews on social platforms (Facebook and Instagram) via Edit Template.
▪ Analytics: functionality to monitor growth and distribution of reviews.
ACCESS TO THE SERVICE
The Customer who intends to access the Service holds two different options he/she can take advantage of, namely:
1. book the Demo and subsequently start the Free Plan;
2. start the Free Plan directly.
Demo
The potential Client can book a 30-minute video conference with a member of the Company's Team to receive a free demonstration of the Service and respective Features. The booking is made through the third-party site www.calendly.com, to which the potential Client is led back. It is specified that the Company is not liable for any malfunctioning of that site. The data required from the potential Client to book the Demo are:
● first and last name;
● e-mail address;
● Company website.
The Company reserves the right to send a notice to remind the Customer of the date and time of the scheduled Demo.
Trial Period.
The potential Customer, by entering the data requested by the Company and clicking on "try it for free for 14 days", gets the opportunity (after receiving the Welcome E-mail) to try free of charge the Services offered by MY REVIEW HUB for 7(seven) days. At the end of this period, the Customer, if he/she wishes to continue using the Services, must start the Registration procedure.
It is specified that during this period of time, the Company reserves the right to send e-mail communications regarding the above described Features.
The data required from the Customer to start the Trial Period are:
● e-mail and new password (the "Credentials");
● first and last name;
● company name;
● company logo (optional);
● telephone number (optional).
After completing the data entry to start the Trial Period, the Customer may
make the Integrations.
REGISTRATION, VERIFICATION, CANCELLATION
Registration and Verification
The Registration procedure begins only after the end of the Trial Period, and ends after entering the payment method via "Add a Card" and filling out the Registration form (the "Form"). After completing the Registration procedure, the Customer will receive an e-mail confirmation of successful Registration (the "Confirmation Notice") and the Subscription will be activated. The Customer will be able to access his profile, by entering appropriate credentials chosen by him, and will be able to continue using the Services throughout the Subscription period.
The following data should be entered within the Form:
- if the Customer is a natural person:
● first and last name;
● tax code;
● billing address;
● payment details;
● cell phone number (optional).
- If the Customer is a legal person:
● registered office;
● company name;
● vat number;
● legal representative master data and tax code;
● billing data: pec SDI code;
● payment data;
● cell phone number (optional).
The Client is obliged to promptly inform the Company of any changes in the data entered within the Form. It is specified that such data will be stored in the Customer's personal profile and will be processed in accordance with REVIEWD privacy policy, which can be found in the "Privacy Policy" section of the Site, available in full at the following link www.myreviewhub.com.au/privacy
Should the Customer complain about irregularities regarding the handling of his/her personal data communicated during Registration, or simply wish to request its deletion, he/she may contact the Company at the following e-mail address info@myreviewhub.com.au indicating "REQUEST FOR DELETION OF PERSONAL DATA" as the subject.
Cancellation
The Customer has the option to cancel the Subscription at any time by clicking on the appropriate button called "cancel subscription". In this case, the Company reserves the right to ask the Customer certain questions regarding the reasons for cancelling the Subscription. It is understood that failure to answer such questions does not hinder the Customer's cancellation. Following the request for termination, the Company will send a confirmation e-mail.
RULES OF CONDUCT AND COMMITMENTS OF THE PARTIES
From the receipt of the Welcome Email the Customer is obliged towards the Company to:
● use the Platform in accordance with the conditions defined in this document and to apply all necessary security measures in order to avoid the disclosure of data to unauthorized third parties;
● not to reproduce, extract, reconstruct, reuse any element of the Platform, in any way, in any form and in any medium;
● use the Software and the Services in compliance with applicable legislation, with particular regard to Legislative Decree No. 206 of 2005 so-called "Consumer Code," especially in relation to the prohibition of deceptive, unfair or aggressive commercial practices, and the privacy provisions set forth in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data, as well as the legislation on intellectual property, image rights and e-commerce.
Both the Company and the Client, each to the extent of its competence, undertake to:
● adopt any security measures required by law, which are appropriate to ensure the protection and security, physical and logical, of their documents, data and/or information and in general of their computer system;
● operate in accordance with the legal provisions on the protection of safety in the workplace (Legislative Decree 81/08 and subsequent amendments and additions), protection of personal data (Legislative Decree 196/03 and subsequent amendments and additions, as well as EU Regulation 2016/679 - hereinafter "GDPR"), civil and criminal protection of programs, data, computer systems, electronic communications and databases and to supervise the work of its appointees;
● perform any and all disclosures to the relevant tax and administrative authorities that may be required in consideration of the digital preservation of the documents indicated, related or connected to the Services and this document.
The Service and all rights thereto are and shall remain the property of the Company, which, by entering into these Terms and Conditions, does not intend to transfer any rights in the Services to the Customer.
The Customer agrees to comply with, perform in good faith and with the diligence of a good family man, the commitments made and arising from the use of the Services.
CORRESPECT
The Customer, in exchange for the preparation, management and provision of the Services, agrees to pay the Company a monthly fee for each Activity related to the Customer Account (the "Fee").
The Company may use coupons, discount coupons and/or functional promotions review and/or differentiate the quantification of the Fee.
It is specified that the invoicing of the Consideration will be carried out by the Company within 12 (twelve) days from the activation of the Subscription, which also verifies the correctness of the data entered by the Customer (the "Verification") and if an error is found, it will be communicated to the Customer for appropriate correction.
Payment terms, delays and termination
The Customer is required to pay the Fee on a monthly or annual basis, through the payment method entered during Registration.
The Customer will be granted the option to withdraw from the Service and terminate the Subscription by activating the termination process, as explained above.
DURATION OF THE CONTRACT
The contract has a monthly duration and is automatically renewed for the respectively agreed duration (1 month), unless the Customer decides to proceed with the termination process described above. The Customer's right to terminate the contract for just cause remains unaffected.
SERVICE MANAGEMENT
The Company will render its Services with organization of means and management at its own risk, in a workmanlike manner, in accordance with the quality standards and technical characteristics suggested by normal business practice with respect to activities such as the subject of the service itself. The Company undertakes to carry out all activities necessary, expedient, useful or functional, according to the principles of fairness and good contractual faith, for the preparation, organization and management of the Services in favor of the Client.
Auxiliaries
For the performance of any activities necessary, expedient, useful or functional for the preparation, management and delivery and rendering of the Services, the Company and the Customer may use their own trusted associates, employees or collaborators. In this regard, the parties will each be responsible for the work of their own auxiliaries. All economic and legal relations will be directly, and exclusively, between each party and its auxiliaries.
WARRANTIES
Customers' warranty rights are governed by applicable regulations, including those relating to licensing of the Software, term and revocable, and provision of services related to their operation.
SOFTWARE SECURITY AND WARRANTY
MY REVIEW HUB, in order to ensure the proper functioning of the Service and, in particular, the security of the data loaded and stored on its Software, uses anti-intrusion software and protocols.
Should the Customer encounter problems related to the operation of the Software, he/she may request support via Chat or he/she must send appropriate communication via e-mail to reviewd@fastmail.com containing the details to qualify the problem.
MY REVIEW HUB third parties designated for this purpose.
For the duration of the contractual relationship, MY REVIEW HUB guarantees the Customer the necessary assistance on the Software.
It is understood that MY REVIEW HUB shall not be held liable for any damage caused directly or indirectly to the Customers if such damage is a consequence of intent or gross negligence on the part of the Customer.
WARRANTY LIMITATIONS
It is understood that the warranty, except in cases of willful misconduct on the part of REVIEWD, does not specifically cover any replacements for damages and/or malfunctions due to or resulting directly or indirectly from:
● fortuitous events or force majeure (such as, but not limited to: floods, structural collapse, natural or biological events, etc.);
● misuse of the Software (such as, but not limited to: tampering with the same or use for purposes other than the enjoyment of the Services);
● willful misconduct, negligence, inexperience, recklessness on the part of the Customer;
● temporary interruption of the operation of the Software due to maintenance
periodic and necessary maintenance.
The Customer, for itself and its assigns, releases REVIEWD from any liability for "consequential damages" or "lost profits," such as loss or loss of income, resulting from the unavailability or downtime for the time necessary to repair, maintain and/or upgrade the Software.
USE NOT PERMITTED
Customers are not permitted to:
● reverse engineer, disassemble and/or modify the Software, create derivative works on the code of the Software or any portion thereof;
● circumvent computer systems used by REVIEWD and/or its licensors to protect the content of the Software and Customer documents;
● copy, store, modify, change, or alter in any way the contents of the Software;
● use any robot, spider, site search/retrieval application, or any other automated device, process, or means to access or retrieve technical specifications on the Software;
● resell, rent, license or sublicense the Services, without prior consent from the Company;
● disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content and/or otherwise place it alongside the REVIEWD brand;
● publish and advertise other services having the same or similar specifications as those provided by REVIEWD;
● provide false or defamatory information about REVIEWD and its Services to third parties;
● use the Services offered by REVIEWD in any other improper manner that violates these Terms and Conditions and the content of additional documents
on the Site;
● respond to Public and/or Private Reviews with content that is inappropriate,
defamatory, illegal, obscene, illegitimate, and/or offensive content
● using language that is defamatory, misleading, and/or may induce violence
when editing the review release request in the appropriate section
Edit Template;
● violate any applicable laws in the above matters.
If the Customer's actions violate, in form and substance, the above requirements, or, while complying with them, create economic, reputational or legal risks for REVIEWD, REVIEWD reserves the right to immediately discontinue the provision of Services with respect to the Customer. In such a case, REVIEWD will send the Customer an e-mail notification with information on the reasons and modalities for discontinuing the Services.
INTELLECTUAL PROPERTY AND COPYRIGHT
The Customer acknowledges that the Company is the sole owner of the intellectual property rights related to the Software (including trademark rights, copyrights in the Company's texts and graphical interfaces and in general all materials and processes used in the conduct of the Company's business) and that these rights are protected by the laws applicable in this regard (including laws protecting industrial property, copyright and competition).
It is therefore understood that any use not in accordance with this agreement, or any use after the expiration, termination, or otherwise termination of the contractual relationship, will constitute a violation of the Company's rights.
All trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, which may be registered in the name of REVIEWD and pertaining to the Services or the Software, are and remain the exclusive property of the Company or its licensors, in accordance with applicable national and international intellectual property laws.
LIMITATIONS OF LIABILITY AND SUPERVENING IMPOSSIBILITY
REVIEWD, within the limits of the regulations in force, is liable for damages of a contractual and extra-contractual nature caused to the Customer or to third parties, exclusively when these constitute an immediate and direct consequence of malice or gross negligence. The Customer expressly exempts and releases REVIEWD from any liability, to the extent permitted by applicable law, in relation to any damages or claims, its own and/or of third parties, of any kind and nature, including direct or indirect incidental damages, on persons or property, damages resulting from lost profits, reputational damages, loss of data, replacement costs, resulting from the Customer's failure to comply with or violation of these Terms and Conditions.
Should the Company be unable to guarantee the use of the Services due to a supervening impossibility, it will immediately notify the Customers in writing specifying whether it is a total or partial impossibility.
In the first case, the contractual relationship will be understood to be terminated as of right pursuant to Article 1463 of the Italian Civil Code, guaranteeing however the Service on the policies stipulated up to that moment and regularly paid.
In the second case, at the Customer's request, the Company will continue to perform that part of the Service that is nevertheless feasible, but the User will be entitled to a corresponding reduction in the fee in proportion to the duration of the impediment and the remaining usefulness of the Services during the period of partial performance.
MODIFICATIONS TO THESE TERMS
REVIEWD reserves the right to amend the provisions, of this document and the Annexes, at any time and for such reasons as it sees fit.
Any changes will be communicated to the Customer by e-mail and/or by posting on the Site. Amendments shall be effective as of the first day of the first month following the month in which the Company shall have pre-announced them to the Customer in writing, unless legal regulations or administrative measures impose or result in an earlier or later effective date.
In case of disagreement, the Customer may withdraw without charge from this document and the Service, by notice by e-mail which must be received by the Company no later than fifteen calendar days from the date of receipt of the notice of change in the conditions.
In such case, the withdrawal will become effective at midnight of the day preceding the day on which the changes would otherwise have been effective.
In the event of withdrawal, the Company will invoice the Customer only for the Services offered to the Customer up to the effective date of the withdrawal.
The Customer, who decides to continue to use or have used the Service, following the modification(s), of one or more parts of the aforementioned documents, made by REVIEWD, will automatically accept the new terms and conditions.
CONFIDENTIALITY AND PRIVACY
Each party undertakes to maintain - and to ensure that its auxiliaries maintain - absolute confidentiality and secrecy with regard to any aspect, news and information relating to the other party's business of which it may become aware during the term of the contractual relationship, including but not limited to any news or information pertaining to the organization, know-how, clientele, services, products, and contractual conditions applied.
EXPRESS TERMINATION OF THE CONTRACT
REVIEWD shall have the right to terminate the contractual relationship pursuant to Article 1456 of the Italian Civil Code upon the occurrence of the following events qualifying as a serious breach:
(a) use of false credentials, false documents or otherwise not traceable to the Customer, including the indication of promotional codes/conventions without being entitled to them;
(b) failure or delay in payment of amounts due within the timeframe set forth herein;
c) if the Customer, despite a written warning, does not stop a serious violation of these Terms and Conditions or if it does not immediately remedy the consequences already occurred in connection with such violations;
d) in case of improper use by the Customer of the benefits arising from the allocation of particular conventions or agreements in place between REVIEWD and third third parties.
The termination shall take place by written notice addressed to the contact details communicated during Registration by the Customer or subsequently updated. In any case, REVIEWD right of action for further damage remains unaffected.
TRANSFER OF THE CONTRACT
REVIEWD reserves the right to transfer, assign, dispose of by novation or subcontract all or any of its rights or obligations under these Terms and Conditions, provided that Customer's rights hereunder are not affected.
Customer shall not assign or transfer in any way its rights or obligations under these Terms and Conditions without the written permission of REVIEWD.
COMMUNICATIONS
Any communication regarding the Services should be sent using the following contact information:
Email: reviewd@fastmail.com
NULLITY
Should any provision of these Terms and Conditions be deemed void, voidable or, more generally, ineffective, it shall not affect the nullity, voidability or ineffectiveness of the remaining provisions contained herein, which shall continue in full force and effect.
The provision of these Terms and Conditions that may be declared invalid shall be amended in good faith so as to conform to the renewed validity requirements or balanced lawfulness criteria and, once amended, shall be deemed valid from the outset.
APPLICABLE LAW AND JURISDICTION
All disputes, regarding the performance, compliance, interpretation and validity of these Terms and Conditions and the Annexes, shall be subject to European law. REVIEWD and the Customer undertake to make a prior attempt at conciliation, by means of a communication to be sent to each other's addresses, containing the details about the disputed matter. If within 60 days of the aforementioned request, the attempt at conciliation is unsuccessful, the aforementioned parties undertake to devolve the dispute, within the limits of the applicable legislation, to the jurisdiction of the Italian courts, with exclusive jurisdiction identified in the Rome forum.
PERSONAL DATA.
As autonomous data controllers, both the Company and the Customer undertake to process the personal data of which they will become aware in the context of this contractual relationship, in full compliance with the purposes of the Service and in any case in the manner and under the conditions required by law (first and foremost, by Article 13 of the GDPR). The Company, as the owner of the processing of Customer data, undertakes to process the personal data acquired in the context of the provision of the Services in the manner and for the purposes set out in the privacy policy which can be consulted in full at our www.reviewd.com.au/privacy
GENERAL CLAUSE
Use of the Service constitutes full acceptance of these Terms and Conditions.
By accepting these Terms and Conditions, the Customer declares that he/she has read and understood what is covered by them. He/she also declares that he/she will abide by what is prescribed regarding the limits of use.
SUPPORT - CUSTOMER CARE
If the Customer encounters any problems in the use of the Service or, wishes to exercise any of the guarantees related to them, he/she may communicate them via the Support Chat or, alternatively, he/she must send REVIEWD an appropriate communication containing the details of the issue to the following addresses:
E-mail: reviewdrm@outlook.com
Thank you for your attention!