Terms
Review Removal Service Terms
Definitions.
“We”, “Us”, “Ourself”, “Themself”, “Herself”, “Himself”, and “OurOwnSelf” These are use to refer to RepDefender in Terms & Condidions. “You”, “Yourself”, “Your” or “Yourself” These are used to refer to the individual/business engaging RepDefender in the Terms & Conditions. Services This refers to the offerings outlined on the PlaceMy Practice website, proposals/quotes in the Terms & Conditions.
Review Removal This refers to Our Review Removal Services outlined in the sign-up process provided by Us, and otherwise described in the Terms & Conditions. Chosen Reviews This refers to the review identified by You or Us as being the focus for Our Review Removal service. Platform This refers to the identified website that hosts and/or displays the Chosen Reviews on the internet. Author This refers to the individual/business that posted the Chosen Review to the Platform.
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Terms of Business
By entering into an agreement for Services provided by Us, You agree to these terms from the time of acceptance, for the entire agreed upon term. These terms will be deemed to be accepted upon payment of any deposits or fees to engage Us to commence the Services, or via electronic acceptance (such as email or e-signature) to a provided reference to these terms.
Confidentiality & Non-Disclosure
Whilst providing Services, confidential technical, business or personal information, which the disclosing party desires the receiving party to treat as Confidential Information may be disclosed by You or Us.
Confidential Information
This refers to any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, Personal Information, software, facilities, equipment and operating plans). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which:
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Was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party.
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Becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party.
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Is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure.
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Is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality.
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Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
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Is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.
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At no time are We obligated to provide evidence or details of the methods, submissions or strategies made in carrying out Services, as this information is considered Our ‘confidential intellectual property’ (IP). We guarantee that all Services provided by Us are in conformity to all applicable Australian laws and regulations. We store all confidential content provided to Us by or on behalf of You for no longer than a period of 30 days after the cancellation of Services by You. This clause does not apply to electronic communications between Us and You, which are securely stored but may not be destroyed upon the conclusion of Services.
Limitation of Liability
To the extent permissible by law, We are not liable for:
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Faults or shortcomings in any Services provided by third parties in connection with this Agreement.
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Any indirect or consequential loss, loss of profits, data loss/corruption, loss of goodwill, loss of revenue, loss of anticipated monetary savings or business interruption, however arising, whether or not We knew of the possibility of such loss and whether or not such loss was foreseeable.
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To the extent permissible by law, Our total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts actually paid by You for the Services provided.
To the extent permitted by Australian law, Our liability for breach of a non-excludable condition is limited to:
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supplying the Services provided again; or
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Refund of the cost of having the Services provided again.
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You agree to indemnify, defend and hold Us harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
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Your breach of this agreement.
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Your negligent actions or omissions.
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Your use of Our Services, including any third-party claims made in connection with or arising out of Your use of Our Services.
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Breach of third-party intellectual property, privacy, confidentiality, or moral rights.
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To the extent permissible by law, You agree to indemnify and keep Us, Our directors and employees, indemnified against all loss arising from actions taken performing Our Services.
Payment
You must pay for Services by credit card or automatic direct debit from your nominated bank account. Unless otherwise instructed, We do not store your payment details, instead, We use a third-party application called ‘Stripe’. Your payment details are stored from the deposit or first payment and used to charge the balance of fees and subsequent payments.
Guarantee
We do not guarantee any likelihood of success of our Services, except those required under Australian Consumer Law.
Refund
As We do not charge a fee unless we successfully carry out Services, We do not offer refunds or credits for services successfully rendered unless required under Australian Consumer Law or other relevant consumer protection laws. If a deposit is taken, it will be fully refunded if Services are not successfully carried out. If you want to request a refund or credit, please contact us using either the contact form or email address provided on Our website. If Services are terminated by You before the expiry of the term agreed upon, no refunds will be given for payments or deposits made for those Services. You accept that We may have already provisioned or successfully completed Services, that You are still required to pay for.
Circumstances where Refunds may be granted:
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Our Services are substantially unfit for their common purpose, and can’t be fixed within a reasonable time.
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There was an undisclosed factor that would have influenced Your decision to solicit Our Services if You had known about it.
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Our Services do not meet the terms agreed when initially engaging Us and We cannot easily rectify the problem within a reasonable time.
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Our Services create an unsafe situation as assessed at Our sole discretion.
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Circumstances where Refunds will not be granted:
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You change Your mind about engaging Our Services.
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Minor problems have arisen.
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You have caused periods of delay.
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You have engaged Review Removal Services from third-parties or decided to attempt Review Removal Yourself.
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A Chosen Review is removed within the term of this Agreement by Us or anyone else.
Removals Acknowledgment & Agreement
You acknowledge that the delivery of Our Review Removal Services is subject to Our efforts, and as such, You agree to the following:
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You agree that the Review Removal services provided by Us includes the attempted removal of the Chosen Reviews from the Platform/s.
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You are liable for payment of successful removals of the Chosen Reviews.
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You agree that We are not responsible if the Chosen Review specified in the agreement is displayed on another website, host or platform within or outside of the agreed upon term.
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We may require a deposit to be paid before commencing Review Removal services. We agree to notify You of successful removals before charging the final amount. We agree that deposits will be refunded in the case that We cannot remove any Chosen Reviews within the agreed upon term. In absence of agreement otherwise, the term will be 60 days from the date of deposit or signing of the agreement which ever occurs first. In all other instances, refund requests will be managed in accordance with Our Refund policy.
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You authorise Us to communicate on Your behalf with the Platform/s responsible for displaying the Chosen Reviews.
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No refunds will be given for payments or deposits if You terminate Our Services before the end of the agreed upon term. You understand that We may have already made attempts to remove some or all of Your Chosen Reviews. You are still liable to pay the outstanding balance if these Reviews are successfully removed.
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You understand that We cannot guarantee that any Chosen Reviews will be removed. We only charge the final agreed price for Reviews that we have successfully removed.
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We will not contact the author/s of Chosen Reviews. We only communicate with the Platforms regarding the removal of the Chosen Reviews. However, You understand that from the Platform may at their sole discretion notify the author of the Review as a result of Our Review Removal efforts, and We have no control over this.
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You agree that We may require information from You in order to successfully remove a Review. If Review Removal is delayed due to unreasonably slow or inadequate information from You, the guaranteed term for Review Removal may be increased.
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You agree that We are not responsible if the author or hosting Platform of the Chosen Review edits and re-posts the Review after the original Review was successfully removed.
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You agree that if a Chosen Review is removed within the agreed upon term, that We were solely responsible for its removal and the final costs for the removal of that Review will be paid.
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General
Laws & Regulations Jurisdiction
Any agreement to engage Our Services is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of Queensland, Australia. If any dispute arises between You and Us, both parties irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia.
Authority
You warrant to Us that You have the capacity and authority to enter into this Agreement with Us.
Liability
No liability whatsoever (unless provided by law) will be accepted by Us for any damages or losses arising from or as a result of the provision of Services to You.
Legal Advice
You agree that any advice provided by Us is not legal advice, and is not intended to substitute legal advice and should not be relied upon as legal advice.
Invalid Agreement
If any item of this Agreement is deemed invalid under Australian law, the validity of the entire Agreement shall not be affected. Any remaining items will remain enforced.
Modification to Agreement
This Agreement may not be modified, amended, or otherwise altered by You unless agreed to in writing by Us. We may without notice, change these Terms at any time by altering this web page. By engaging Us, You agree to be bound by the most recent version of the Terms. Therefore, please revisit this web page regularly for any changes to the Terms & Conditions.
Intellectual Property
All intellectual property rights, including designs, artworks, software and materials, provided to You in the course of Services provided by Us, and any other intellectual property created in the course of services provided by Us, shall remain Our property.
Employee Protection
You shall not offer any employment or contractual work to Our staff whilst using Our services, or within 12 months of ceasing Our services
Practice Booster & Place My Practice General Terms
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Place My Practice, Practice Booster (“Mobile Application” or “Service”), and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and third-party partner Aussieweb Pty Ltd (doing business as “Content2Convert, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Place my Practice, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Place My Practice with respect to such other services. Place My Practice is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Place My Practice to disclose your data as necessary to facilitate the use or enablement of such other services.
Advertisements
During your use of the Mobile Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
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Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Place My Practice or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Place My Practice. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Place My Practice or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Place My Practice or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Place My Practice, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Place My Practice and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Place My Practice for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
Indemnification
You agree to indemnify and hold Place My Practice and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: