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Terms & Conditions

Terms and Conditions governing the use of Referyou.

Introduction

In this policy, “us”, “we” or “our” means Referyou Pty. ltd. (ABN 55 620 261 109) and its related bodies corporate, partnerships and joint venture entities.

Contract

You agree that by clicking “Join Now”, “Join Us”, “Join Referyou”, “Sign Up”or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Referyou (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Your use of our Services is also subject to our Privacy Policy.

Services

These Terms and Conditions apply to Referyou.com.au, Referyou-branded apps, and other Referyou-related sites, apps, communications and services (“Services”), but excluding services that state that they are offered under different terms and conditions.

Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Obligations

Service Eligibility

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Referyou account, which must be in your real name; and (3) you are not already restricted byReferyou from using the Services.

Members who were below this new Minimum Age when they started using the Services under a previous User Agreement may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for Referyou to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

Your account

Members are account holders. You agree to: (1) try to choose a strong andsecure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others, your account belongs to you. However, if Services were purchased by another party for you to use (e.g. by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

Payment

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will becharged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • All of your purchases of Services are subject to Referyou’s refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Notices and service messages

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact informationyou provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Sharing

Our Services allow messaging and sharing of information in many ways including, messages, requesting referrals, and reviewing details of potential service providers or customers. Information and content that youshare or post may be seen by other Members. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

Rights and limits

Your license to Referyou

As between you and Referyou, you own the content and information that you submit or post to the Services and you are only granting Referyou andour affiliates the following non-exclusive license: A worldwide, transferableand sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a)to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information,and your social actions on sponsored content and company pages may be visible, as noted in the Privacy Policy.
  3. We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices.
  4. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Referyou, you agree that Referyou can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Referyou may be required by law to remove certain information or content in certain countries.

Service availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Referyou is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law andas noted in our Privacy Policy.

Other content, sites and apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Referyou generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.

Limits

Referyou reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Referyou reserves the right to restrict, suspend, or terminate your accountif Referyou believes that you may be in breach of this Contract or law or are misusing the Services.

Intellectual property rights

Referyou reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. Referyou trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Referyou.

Disclaimer and Limit of Liability

No Warranty

TO THE EXTENT ALLOWED UNDER LAW, REFERYOU AND ITS AFFILIATES (AND THOSE THAT REFERYOU WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS REFERYOU HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), REFERYOU AND ITS AFFILIATES (AND THOSE THAT REFERYOU WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF REFERYOU AND ITS AFFILIATES (ANDTHOSE THAT REFERYOU WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) A$1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REFERYOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF REFERYOU OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Termination

Both you and Referyou may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections: Disclaimer and Limit of Liability, Dispute Resolution, and General Terms of this Contract;
  • Any amounts owed by either party prior to termination remain owedafter termination.

Dispute Resolution

You agree that the laws of the New South Wales, Australia, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the courts in Sydney, New South Wales, Australia, and we each agree to personal jurisdiction in those courts.

General Terms

If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extentallowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Referyou has waived its right to enforce this Contract. You may not
assign or transfer this Contract (or your membership or use of Services) toanyone without our consent. However, you agree that Referyou may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.

We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in Section ‘How to contact us’.

Last updated on 11 July 2018