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Terms of Use
About the Website
1.1. Welcome to ReachMetrics.com.au (the 'Website'). The Website Marketing Tools (the 'Services').
1.2. The Website is operated by Reach Metrics (ABN 64 551 422 830). Access to and use
of the Website, or any of its associated Products or Services, is provided by
Reach Metrics. Please read these terms and conditions (the '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. Reach Metrics reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Reach Metrics 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.
Acceptance of the Terms
2.1. 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 Reach Metrics in the user interface.
Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through
the Website (the 'Subscription') and pay the applicable fee for the selected
Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your
responsibility to ensure that the Subscription you elect to purchase is suitable for
your use.
3.3. Once you have purchased the Subscription, you will then be required to register
for an account through the Website before you can access the Services (the
'Account').
3.4. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a password
3.5. You warrant that any information you give to Reach Metrics in the course of
completing the registration process will always be accurate, correct and up to
date.
3.6. Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Services from the time you
have completed the registration process until the subscription period expires (the
'Subscription Period').
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Reach Metrics; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.
Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Reach Metrics of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Reach Metrics providing
the Services;
(e) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Reach Metrics;
(f) you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Reach Metrics for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
Payment
5.1. Where the option is given to you, you may make paymentof the Subscription Fee
by way of:
5.2. All payments made in the course of your use of the Services are made using . In
using the Website, the Services or when making any payment in relation toyour
use of the Services, you warrant that you have read, understood and agree to be
bound by the Paypal terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the
Subscription Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that Reach Metrics can vary the Subscription Fee at any
time and that the varied Subscription Fee will come into effect following the
conclusion of the existing Subscription Period.
Refund Policy
Reach Metrics will only provide you with a refund of the Subscription Fee in the event they
are unable to continue to provide the Services or if the manager of Reach Metrics makes a
decision, at its absolute discretion, that it is reasonable to do so under the
circumstances. Where this occurs, the refund will be in the proportional amount of the
Subscription Fee that remains unused by the Member (the 'Refund').
Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of Reach Metrics 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 Services 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 Services are owned or controlled for these purposes, and are reserved by
Reach Metrics or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Reach Metrics, who grants to you a worldwide, non-exclusive, royalty-free,
revocable license whilst you are a Member to:
(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.
Reach Metrics does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by Reach Metrics.
7.3. Reach Metrics retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(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), to you.
7.4. You may not, without the prior written permission of Reach Metrics 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
Services or third party Services 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.
Privacy
8.1. Reach Metrics takes your privacy seriously and any information provided through your
use of the Website and/or Services are subject to Reach Metrics’s Privacy Policy,
which is available on the Website.
General Disclaimer
9.1. 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.
9.2. Subject to this clause, 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) Reach Metrics 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 Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the
Website and the Services 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 Reach Metrics make any express or
implied representation or warranty about the Services or any products or
Services (including the products or Services of Reach Metrics) 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
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of
the products of Reach Metrics; and
(d) the Services or operation in respect to links which are provided for your
convenience.
Limitation of liability
10.1. Reach Metrics’s total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services to
you.
10.2. You expressly understand and agree that Reach Metrics, 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.
Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Reach Metrics as
set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing Reach Metrics with 3 days' notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where Reach Metrics
has made this option available to you.
11.3. Your notice should be sent, in writing, to Reach Metrics via the 'Contact Us' link on our
homepage.
11.4. Reach Metrics may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any
provision;
(c) Reach Metrics is required to do so by law;
(d) the provision of the Services to you by Reach Metrics is, in the opinion of
Reach Metrics, no longer commercially viable.
11.4. Subject to local applicable laws, Reach Metrics reserves the right to discontinue or
cancel your membership 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 Reach Metrics’s name or reputation or violates the rights of those of
another party.
Indemnity
12.1. You agree to indemnify Reach Metrics, its affiliates, employees, agents, contributors,
(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.
Dispute Resolution
13.1. 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 sort).
13.2. 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.
13.3. 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, 30 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
6foregoing 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 Western Australia, Australia.
13.4. 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.
13.5. Termination of Mediation:
If 3 months 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.
Venue and Jurisdiction
The Services offered by Reach Metrics 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 Western Australia,
Australia.
Governing Law
The Terms are governed by the laws of Western Australia, 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 Western Australia, 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.
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.
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.
