This article outlines the Terms & Conditions businesses agree to when signing up for any of our Brand Management Platform services. Additional information about the brand management free sign up option can be found here.
- Description of Service
In accordance with these Brand Management Platform Terms and Conditions (referred to as the "Agreement" or "S.O."), ProductReview.com.au Pty Ltd (referred to as “ProductReview”, a Australian Private Limited company), shall provide Customer access to the Brand Management Platform to monitor and manage their Business/Service/Product Listing on the ProductReview website, from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”). ProductReview makes no guarantees as to the effectiveness of the use of the Brand Management Platform.
ProductReview is a website that helps consumers in Australia to research business/services/products by providing genuine reviews from Australian consumers. It is a powerful tool to show businesses/services/products to a large audience of consumers on Australia’s largest consumer opinion website.
The Brand Management Platform is an online platform that helps businesses manage their Business/Service/Product listings on the ProductReview website (www.productreview.com.au). The Brand Management Platform provides tools and features to get review and question alerts, respond to reviews and questions, privately contact reviewers, see relevant statistics related to the reviews and the listings, have access to tools to help leverage review content for marketing purposes (Rating Badge and Review Widget), as well as tools to help acquire genuine reviews (Write Review Link, Review Invitations, Write Review Cards).
“Brand Management Platform” means access to the platform that the customer uses to manage their Business/Service/Product Listing, engage with customers, request reviews, and leverage for marketing purposes.
"Business/Service/Product Listing" shall be defined as a listing which includes one or more of the following listed on the ProductReview Site:
a) the Business/Service/Product Listing name,
b) any relevant Business/Service/Product Listing details.
"Brand Management Platform Order" means the record generated by ProductReview sent to the Customer setting out the terms of the Brand Management Platform subscription either through an insertion order for EFT / wire transfer payments or via the brand management platform dashboard when processed via credit card payments.
"Customer" or "You" means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Brand Management Platform Order.
"Deliverables" means the Customer has access to ProductReview’s Brand Management Platform for their Business/Service/Product Listing(s).
“Effective Date” means the date as recorded in the Brand Management Platform Order (unless otherwise agreed between the parties).
”Subscription Term” means the period of a Brand Management Platform subscription (regardless of payment frequency), which may be renewed in accordance with these terms.
"ProductReview Site" means www.productreview.com.au and any active country code extensions (eg. .co.nz).
- Sales Order Rules
All requests by a Customer to create and manage Business/Service/Product Listing on the ProductReview Site are governed by this Agreement and the Brand Management Platform Order. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on ProductReview, whether in conflict with or in addition to this Agreement. This Agreement is binding on Customer and not subject to cancellation, except as provided below under Sections 4 & 7.
Customer will use ProductReview services in accordance with the ProductReview Posting Guidelines available at http://www.productreview.com.au/i/review-guidelines.html (as amended from time to time), any applicable law and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by ProductReview in its sole discretion.
- Brand Management Platform
ProductReview reserves the right, without liability, to cancel Brand Management Platform and reject, remove any information in the Business/Service/Product Listing(s) that contain content or links which do not meet ProductReview's specifications, at ProductReview's sole discretion. ProductReview's sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. ProductReview may redesign the ProductReview Site at its sole discretion at any time. Customer agrees to the following:
a) Customer's failure to comply with all applicable requirements of this Agreement may delay or prevent Customer’s access to the Brand Management Platform or the display of the Business/Service/Product Listing and shall give ProductReview the right to immediately terminate the applicable Agreement;
b) Customer shall indemnify ProductReview for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to ProductReview that at all times,
(a) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and any Internet sites to which URLs are linked);
(b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party;
(c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this S.O. does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
c) Public Announcements. Customer hereby grants ProductReview permission to publicise the fact that the Customer has access to the Brand Management Platform. Customer shall not use, display or modify ProductReview's trademarks in any manner without the prior written consent of ProductReview.
- Privacy and Compliance
- Payment Terms and Calculations
Where Customer purchases a Brand Management Platform subscription, Customer acknowledges and agrees that this is on the basis of a recurring payment, and that payments shall be made to ProductReview by the method selected by Customer at the recurring intervals until the subscription for Brand Management Platform is terminated by Customer or ProductReview in accordance with this Agreement. Customer shall be charged for the Brand Management Platform from the Effective Date. Customer shall pay ProductReview upfront or in regular installments (as applicable) for the access of the Brand Management Platform. If ProductReview agrees to receive payment by monthly or annual installments, Customer must pay ProductReview every month or year, as applicable, in advance. In addition to any other rights, ProductReview may immediately remove Customer's access to the Brand Management Platform in the event that it detects some form of misuse within such time period. All sums payable by Customer to ProductReview under this Agreement are exclusive of Goods and Services Tax (GST). Brand Management Platform subscription will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing.
Although ProductReview may choose to send a reminder email prior to charging a Customer for a renewal fee, ProductReview is not responsible for notifying a Customer of this automated renewal. If you miss any payment owed to ProductReview or if a credit card is expired or otherwise fails to authorise, the Brand Management Platform service may be discontinued without notice. Rates for Brand Management Platform service are calculated based on multiple factors including, but not limited to, the number of Business/Service/Product Listings the Customer would manage in the Brand Management Platform, the number of page views for the Customer's Business/Service/Product Listings, and the number of Brand Management services provided to the Customer. Customers who have contacted ProductReview or are on the Brand Management Platform will be notified by email if rates are changed at any point in time.
- Effective Date, Cancellation and Switching
7.1 Effective Date: Unless ProductReview notifies the Customer otherwise, this Agreement is effective upon the Effective Date as noted either on the insertion order for payments made via EFT / wire transfer and/or in the billing section on the Brand Management dashboard.
7.2 Cancellation: A Customer may cancel its Brand Management Platform subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:
a) Subscription Terms of 12 month or less: If a Customer requests the cancellation of this type of Brand Management Platform subscription at any time during the first fourteen (14) days of the first Subscription Term, the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Brand Management Platform fee, in respect of the unused portion of the subscription, unless the Subscription Term is one month, in which case Customer shall not be entitled to a prorated refund. If a Customer requests cancellation at any time after the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be not be entitled to any refund of fees paid.
b) Subscription Terms of more than 12 months: If a Customer requests the cancellation of this type of Brand Management Platform subscription at any time during the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund for that Subscription Term, in respect of the unused portion of the subscription, unless Customer pays in monthly installments, in which case Customer shall not be entitled to a prorated refund in respect of the monthly billing period during which cancellation is requested.
If a Customer requests cancellation at any time after the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be liable for payment of the Brand Management Platform fee for that Subscription Term. UPON TERMINATION OF THIS AGREEMENT, CUSTOMER'S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES. NEITHER PRODUCTREVIEW NOR ANY OF ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD-PARTIES, IN RESPECT OF TERMINATION.
7.3 Switching: If permitted by ProductReview, a Customer may switch from one type of Subscription Term to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.
- Liability, Warranty & Indemnity
a) PRODUCTREVIEW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE PRODUCTREVIEW SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE PRODUCTREVIEW SITE. PRODUCTREVIEW DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL PRODUCTREVIEW OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY PRODUCTREVIEW FROM CUSTOMER FOR THE SPECIFIC BUSINESS/SERVICE/PRODUCT INFORMATION AT ISSUE.
b) Customer agrees to defend, indemnify and hold harmless ProductReview and each of ProductReview's agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments (collectively, "Liabilities"), resulting from any claim against any such parties in connection with Customer's Brand Management subscription, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of ProductReview.
- Jurisdiction & Venue
This Agreement is governed by the laws of New South Wales, Australia. Customer consents to the exclusive jurisdiction and venue of courts of Sydney, New South Wales, for all disputes related to the subject matter hereof.
- General Provisions
No joint venture, partnership, employment, or agency relationship exists between Customer and ProductReview. ProductReview will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. Customer may not assign its rights hereunder to any third party unless ProductReview expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Brand Management Platform subject matter of this listing order. All notices to ProductReview relating to any legal claims or matters must be made in writing to ProductReview, attn:
Managing Director, C4.08/22-36 Mountain Street, Ultimo NSW 2008, Australia
Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential.
The Parties acknowledge and agree that ProductReview may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Brand Management Platform. ProductReview may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Customer cancels its Brand Management Platform subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.