1. Introduction

1.1 Agreement: These Terms and Conditions ("Terms") are entered into by and between What Matters Marketing Pty Ltd (ABN 38 166 341 920) trading as Review Mate ("Review Mate") and the entity agreeing to these Terms ("Client"). The parties agree as follows:

1.2 Services: Review Mate provides a subscription service for automated review requests and responses ("Subscription Service") and any professional services related to its implementation ("Professional Services"). These services are collectively referred to as the "Services."

2. Provision of Services

2.1 Subscription Service: Review Mate will provide the Subscription Service in accordance with these Terms and any terms specified in a customer agreement or order form.

2.2 Professional Services: Review Mate may provide Professional Services as outlined in a statement of work or customer agreement.

2.3 Third Party Sites: To the extent that Client requests integration with or use of data from third-party sites (e.g., Google, Facebook), Client agrees that Review Mate does not control the terms of use, privacy policies, or content of such sites. Client must comply with the terms of service of these third-party sites.

3. Client Obligations

3.1 Use of Services: Client agrees to use the Services in compliance with all applicable laws, including the Australian Competition and Consumer Act 2010 (Cth) and the Spam Act 2003 (Cth).

3.2 Review Solicitation: Client must not engage in review gating or solicit fake reviews. All review requests must provide recipients with equal options to leave feedback, regardless of their sentiment.

3.3 Third Party Compliance: Client is responsible for ensuring compliance with the terms of service of all major review sites, including but not limited to Google, Facebook, and Yelp.

4. Intellectual Property

4.1 Ownership: Review Mate retains all rights, title, and interest in the Subscription Service, including intellectual property rights.

4.2 License: Review Mate grants Client a limited, revocable, non-exclusive license to use the Subscription Service for the term of the applicable agreement.

4.3 Copyright infringement: We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify us using the contact information provided at the bottom of the terms and conditions.  A copy of your notification will be sent to the person who posted or stored the material addressed in your notification.  Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a notification. If you are not sure that material located on or linked by the Service infringes your copyright, you should consider first contacting your lawyer.

4.4 Your submissions and contributions: Please review the Prohibited Activities section carefully prior to using our Services to understand the (a) right you give us and (b) obligations you have when you post or upload any content through the Service.

5. User Representations

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use Service for any illegal or unauthorised purpose; and (7) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

6. User Registration

You may be required to register to use the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. Purchases and Payment

We accept the following forms of payment:

Visa

Mastercard

American Express

Paypal

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete transactions and contact you as needed.  GST is included in the monthly subscription. We may change prices at any time.  All payments shall be in Australian dollars.

8. Subscriptions

8.1 Billing and renewal:  Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel your subscription.  The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Service.

8.2 Cancellation: You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Service, please email us at [email protected]  

8.3 Fee Changes:  We may from time to time make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

9. SMS TEXT MESSAGING

9.1 Opting Out: If any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP”. You may receive an SMS message confirming your opt out.

9.2 Message and Data Rates: Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specific of your mobile plan.

9.3 Support: If you have any questions or need assistance regarding our SMS communications, please email us at [email protected]. 

10. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a User of the Service, you agree not to:

* Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

* Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

* Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Service and /or Content contained therein.

* Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.

* Use any information obtained from the Service in order to harass, abuse, or harm another person.

* Make improper use of our support services or submit false reports of abuse or misconduct.

* Use the Service in a manner inconsistent with any applicable laws or regulations.

* Engage in unauthorised framing of or linking to the Service.Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other  material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts or alters, or interferes with the use, features, functions, operation, or maintenance of the Service.

* Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, tools, robots, or similar data gathering and extraction tools.

* Delete the copyright or other proprietary rights notice from any Content.

* Attempt to impersonate another user or person or use the username of another user.

* Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

* Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.

* Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.

* Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

* Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

* Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.

* Except as maybe the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorised script or software.

* Use a buying agent or purchasing agent to make a purchase on the Service.Make any unauthorised use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

* Use the Service as part of any effort to compete with us or otherwise the Service and/or Content for any revenue-generating endeavour or commercial enterprise.

* Sell or otherwise transfer your profile.

11. Liability and Indemnity

11.1 Limitation of Liability: Review Mate's liability for damages is limited to the amount of fees paid by Client in the twelve (12) months preceding the claim.

11.2 Indemnification: Client shall indemnify and hold harmless Review Mate against any claims arising from Client's breach of these Terms.

12. Governing Law

12.1 Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia.

12.2 Dispute Resolution: Any disputes arising from these Terms will be resolved through arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules.

13. Changes to Terms

13.1 Amendments: Review Mate may update these Terms at any time. Continued use of the Services after any update constitutes acceptance of the revised Terms.

14. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us:

Review Mate, Brisbane

Phone: +61 438 562 674

Email: [email protected]