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.
1.1. ProductReview.com.au Pty Ltd (ABN: 81 121 714 752) (Publisher) which operates https://www.productreview.com.au/ (Publisher Website).
1.2. You, the legal entity that is looking to use the Brand Management Platform service provided by the Publisher (Partner).
2. Characteristics of the Brand Management Platform
2.1. Brand Management Platform
2.1.1. The Brand Management Platform is a service that enables the Partner to access features to manage its presence on the Publisher Website (Brand Management Platform).
2.1.2. Partners may have a presence on listing pages found on the Publisher Website, which may be grouped into brands.
2.1.3. The Brand Management Platform can be accessed through creating a ProductReview.com.au company representative account and claiming an existing brand or by creating a new brand on the Publisher Website.
2.1.4. The Brand Management Platform features can be accessed through setting up a subscription that is active.
2.2. Plans and features
2.2.1. A Brand Management Platform subscription is active when the Partner has opted into one of the three different Brand Management Platform tiers that the Publisher provides. These are: Starter, Professional, and Premium (Subscription).
2.2.2. The Subscription tiers provide access to different features depending on the tier that the Partner opts for. A list of these features associated with each tier can be found here: https://www.productreview.com.au/for-businesses/brand-management/plans-and-features.
2.2.3. The Subscription operates on a per brand basis. This means the Partner must opt into a Subscription for each brand it would like to manage.
3. Publisher responsibility
3.1. Brand Management Platform access
3.1.1. Publisher agrees to provide Partner Brand Management Platform access to relevant brands and/or listing pages on Publisher Website. This may be subject to clauses 3.1.2. and 3.1.3.
3.1.2. Publisher reserves the right to refuse, cancel, or remove Partner access to the Brand Management Platform at the Publisher’s sole discretion.
3.1.3. Publisher reserves the right to request for additional documentation to verify Partner as an official company representative of the brand(s) that the Partner is requesting to manage
3.2. No alteration of policies
3.2.1. Nothing in this Agreement requires Publisher to alter its standard user review moderation policies or take any action to influence user opinions/ratings submitted to the Publisher Website in relation to any products or services offered by the Partner or any business, service and/or product listed on the Publisher Website.
3.2.2. Nothing in this Agreement requires the Publisher to alter its listing structure and naming conventions.
3.2.3. Nothing in this Agreement requires the Publisher to alter its category structure and naming conventions.
3.3. Publisher Website content
Publisher reserves the right to remove or amend any content on the Publisher Website at the Publisher’s sole discretion.
3.4. Brand Management Platform features
Publisher reserves the right to remove or amend any feature on the Brand Management Platform at the Publisher’s sole discretion.
3.5. Other commercial arrangements
Publisher maintains the right to enter into other commercial arrangements including, but not limited to, advertising, affiliate links, buy buttons, quote request buttons, and services.
3.6. Subscription renewal reminders
Publisher is not responsible for notifying Partner of the automated renewal of the Partner’s Brand Management Platform subscription. Details of the renewal process can be found in clause 6 (Terms).
4. Partner responsibility
4.1. Approval and consent
4.1.1. Partner grants Publisher a license to use it’s names, logos, brands, trademarks, and links to the Partner’s websites, for the purpose of Publisher carrying out its obligations under this Agreement.
4.1.2. Partner agrees to provide a response to any request for approval within 5 business days of Publisher sending. If Publisher does not receive a response to a request for approval within this timeframe, the action will be deemed as approved.
5.1. Payment types
Credit card payments are available for monthly or annual Brand Management Platform subscriptions (Credit Card).
5.2. Fees for the Subscription (Credit Card)
5.2.1. Partner must pay the Publisher the fees outlined in the Partner's specific plans and features page, accessible from the Billing Entity section of the Brand Management Platform. This is a distinct page from the generic plans and features page visible on the Publisher Website for Business section (Credit Card Subscription Fees).
5.2.2. The Credit Card Subscription Fees is inclusive of Goods and Services Tax (GST).
5.2.3. The Credit Card Subscription Fees are calculated based on multiple factors including, but not limited to, the number of listings the Partner would manage in the Brand Management Platform, the number of page views for the Partner's listings, and the features provided to the Partner under the Subscription.
5.2.4. Partners will be notified by email if Credit Card Subscription Fees are changed at any point in time.
5.3. Payment of Fees (Credit Card)
5.3.1. Partner shall pay Credit Card Subscription Fees upfront.
5.3.2. Credit Card Subscription Fees are automatically debited from the credit card that Partner adds to the Billing Entity section of the Brand Management Platform.
5.3.3. Partner must ensure that the correct card has been submitted for Credit Card Subscription Fees to be debited from on the Billing Entity section of the Brand Management Platform.
6.1. Term and Extension of Term (Credit Card)
6.1.1. This Agreement commences when the Publisher or the Partner initiates the Subscription on the Brand Management Platform.
6.1.2. The Subscription will be renewed automatically at the end of each subscription period as indicated in the Billing Entity section of the Brand Management Platform.
6.1.3. The renewal of the Subscription will be for a subscription term of equal length.
6.2. Notice and termination (Credit Card)
6.2.1. Partner must use the Brand Management Platform dashboard to cancel their subscription. This self-service option is available to brand managers via the Billing Entity section of the Brand Management Platform.
6.2.2. Cancellations on the Brand Management Platform dashboard will mean the automatic renewal of the Subscription will no longer occur. This means the Partner may still have access to features and be required to pay the Fees associated with their Subscription during their current subscription period.
6.2.3. If the credit card on file is expired or otherwise fails to authorise, the Subscription may be discontinued with 7 days notice in the form of a banner on the Brand Management Platform.
6.3. Notice and termination by the Publisher
The Publisher reserves the right to terminate this Agreement if payments are not made by the due date specified in the invoice. Payment terms can be found in clause 5 (Fees).
6.4. Preservation of Rights
6.4.1. Neither the termination nor the expiry of this Agreement will affect any rights of either party against the other which accrued prior to termination or which otherwise relates to or may arise in any future time from any breach or non-observance of obligations under this Agreement which arose prior to the time of the termination or expiry.
6.4.2. Operation of the provisions of this Agreement which by their nature survive termination including clauses 7 (Warranties and Indemnities) and any Confidential Information shared by both parties, and this clause 6.6. (Preservation of Rights).
7. Warranties and indemnities
7.1. Partner Warranties
7.1.1. Partner warrants that all information provided to Publisher and on the Partner’s website concerning the Partner’s products and services; and the Partner’s ability to meet its obligations under this Agreement, is true and not misleading or deceptive.
7.1.2. Partner warrants that it will provide Publisher with any updates or corrections to information or any notifications of consumer complaints or recalls about the Partner's products or services which may affect Publisher, the Publisher’s website or any customers or potential customers of the Partner.
7.1.3. Partner warrants that it and its products and services will comply with all laws, including any obligations under the Competition and Consumer Act.
Partner agrees to indemnify and keep indemnified Publisher and its officers, servants, employees and agents against all losses, liabilities, claims and expenses which may arise out of or in connection with any breach of the warranties in this Agreement.
7.3. Limitation of Liability
7.3.1. Publisher retains control over the operation of the Publisher’s website and the placement of any Advertisements on the Publisher’s website.
7.3.2. Publisher, to the extent permitted by law, is not responsible for any loss, including indirect, special or consequential loss of Partner resulting from the operation of the Publisher’s website or the carrying out of its obligations under this Agreement.
7.4. Publisher Warranties
7.4.1. Publisher makes no warranties, express or implied, as to the effectiveness of the Brand Management Platform.
7.4.2. Publisher makes no warranties, expressed or implied, as to the number of visitors to any pages displayed on the Publisher Website.
7.4.3. Publisher makes no warranties, expressed or implied, as to the functionality, performance, or response times of the Publisher Website.
7.5.1. Clause 7. Warranties and Indemnities shall survive any expiration or termination of this Agreement.
7.5.2. In no event shall the Publisher or any of its affiliates be liable to Partner for an amount in excess of the total dollar amount actually received by the Publisher by the Partner.
8. Privacy and compliance
9. Governing law
This Agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.