Customer Reviews Pty Ltd trading as Kundello (ABN: 42 620 966 663) (“CRPL”) is a software-as-a-service company which offers a range of marketing technology and related services including:
- providing an online platform that will collect and collate customer reviews of registered businesses;
- distribution of review requests to the customers of registered businesses;
- providing access to registered businesses to view and use the collated customer reviews (including software applications allowing those registered businesses to display the reviews on their website);
- distribution of customer reviews to the registered business’s social media platforms (if so connected); and
- provision of profile pages on CRPL’s platform for registered businesses which will showcase their customer reviews,
The Services provided by CRPL consist of providing you (“you / the Client”) with certain limited access, via kundello.com (the “Site”) to CRPL’s proprietary platform (“Platform”) to tools, content, and other software that enables you to, amongst other things, collect, organise and use content created or otherwise supplied by your customers or certain other third-parties (together, “End Users”) on your website, social media platforms and third-party websites.
By continuing to access the Site or the Platform, or otherwise proceeding to engage CRPL for the provision of Services, these terms and conditions will apply unamended to the fullest extent permitted by law. Each time you access the Site or the Platform you agree to comply with, and be bound by, these terms and conditions and acknowledge that CRPL may rely upon your agreement.
Please note that CRPL may change all or part of these terms at any time. If CRPL does so, the new terms and conditions will be posted on the Site and will be effective as soon as they are posted. For future use of the Site or the Platform, or in respect of
Unless other terms and conditions are expressly accepted by CRPL by written amendment which refers to the terms and conditions to be amended, these terms and conditions exclude and supersede all prior discussions, representations and arrangements and any other implied, oral or written terms and conditions whether or not they are endorsed on, delivered with or referred to in any purchase order or other document delivered by the Client to CRPL.
Please note that notwithstanding anything else in these terms and conditions, CRPL retains the right to terminate the Client’s use of the Site and/or the Platform, or otherwise terminate or refuse service, for any reason permitted by law, in its sole discretion.
CRPL may, without notice to the Client and in CRPL’s sole discretion issue the Client with a warning, restrict the Client’s activities on the Site or Platform, temporarily suspend, indefinitely suspend or terminate the Client’s login and refuse to provide Services to the Client if:
- the Client has, or CRPL believes that the Client
hasbreached these terms and conditions;
- CRPL is unable to verify or authenticate any information the Client provides via the Site, Platform or otherwise as part of the Services;
- CRPL believes that the Client’s actions may cause loss or damage to or otherwise unlawfully harm the Client, CRPL’s users (including End Users), third parties or CRPL, related bodies corporate or affiliates and its directors, employees or agents; or
- if CRPL reasonably believes that any of the Client’s information is incorrect, misleading, inappropriate or of an offensive nature.
Use of and access to the Service may be subject to a subscription fee (“Subscription Fee“), which is payable on a recurring basis.
Use of and access to the specific elements of the Service may be subject to a service
Fees are not refundable or partially refundable, except as required by law.
All payments received by CRPL are processed through third-party secure transaction service providers.
CRPL may refuse to process a payment if CRPL believes there is a risk associated with it or if it breaches any law, statute, ordinance or regulation, or is may cause loss to CRPL or its users.
If you provide any information to CRPL, either intentionally or incidentally about any other person through your use of the Services you:
- warrant that the third-party has reviewed and consents to these terms and conditions; and
We may disclose that information to third-parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of the Services to you.
We may also disclose your personal information to recipients that are located outside of your country.
In order to use the Services, you may be required to provide or authorise CRPL to access your personal details. In particular, you may be required to provide a real name, phone number, e-mail address and other requested information as indicated. You may be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are, or represent, the person or entity referred to in the billing information provided.
All information that you provide to CRPL must:
- be accurate and correct to the best of your knowledge; and
- not infringe on the rights of any third-parties, including but not limited to, content that infringes on privacy rights or intellectual property rights.
Upon successful completion of the sign-up process, CRPL will provide you, the Client, with an account.
The Client is responsible for keeping this account secure and are responsible for all use and activity carried out under this account.
The content of the Site and the Platform, together with information provided as part of the Services, is for general information purposes only and does not constitute professional advice. Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Competition and Consumer Act 2010 (Cth) or any other applicable law where to do so is illegal or would render any provision of these terms and conditions void.
Subject to this qualification, all express and implied conditions or warranties, statutory or otherwise, in respect of the information supplied is expressly negated and excluded. You agree that CRPL will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential loss) arising out of the use by you of, or reliance by any person, on the information supplied whether arising from any act, omission, error, misstatement or failure (and whether negligent or not) of CRPL, its officers, servants, agents or independent contractors or otherwise. Without limiting the foregoing, in absolutely no circumstances will CRPL accept liability whatsoever for loss of income deriving from the use of the Services. You release CRPL and all related parties from all claims, demands and proceedings in tort, statute or in any other way arising out of this CRPL’s provision of the Services, your use of the Site or Platform or otherwise, and you indemnify CRPL against all liability (including liability for negligence and the negligence of others) for all injury, loss or damage arising out of any engagement under these terms.
While CRPL will take all reasonable steps to provide content that is true and accurate, CRPL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Site or the Platform or the information contained on the Site or Platform; or otherwise in relation to the Services or the information provided as part of the Services, for any purpose. Any reliance the Client places on such information is therefore strictly at the Client’s own risk.
The Site and/or Platform may contain content, imagery, text and other media generated by End Users. CRPL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services, the Site or Platform or the information, products, services, or related graphics contained on the Site or Platform for any purpose. Any reliance the Client places on such information is strictly at the Client’s own risk.
Every effort is made to ensure the efficient operation of the Site, Platform and the Services. However, CRPL takes no responsibility, and will not be liable for the Services becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond CRPL’s control.
Intellectual property rights
For the purposes of these terms and conditions:
- “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Site, Platform or via the Services;
- “CRPL Material” means Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Site, the Platform or the Services, including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, CRPL videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Site or Platform and/or other proprietary materials;
- “Intellectual Property Rights” means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
(a) patents, inventions, designs, copyright, trade-marks, brand names, product names, domain names, rights in circuit layouts, know-how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of these rights;
(c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(d) all renewals and extensions of these rights; and
- “Review” includes opinions, product or service ratings or reviews, articles, written expressions, in any form or media, Instagram photos and/or any works of authorship created by the End-User, the Client or any third-party and may, subject to these terms and conditions, include any Reviews that are imported through the Platform from third-party sites.
The Site and Platform allow you to collect, organize and use Content, including Reviews, submitted End Users or by the Client to CRPL through the Site or Platform.
As between the Client and CRPL:
- for Content uploaded by the Client for use on the Service, the Client grants CRPL a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence for its use; and
- for Content uploaded by an End User to the Service or given to CRPL by an End User for use on the Service, CRPL grants the Client a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence for its use.
Notwithstanding the above, all CRPL Materials are the property of CRPL and CRPL retains all right, title and interest in the CRPL Materials. Reproduction of any Content that appears on the Site, the Platform or otherwise via the Service is prohibited, except where explicitly authorised by these terms and conditions. CRPL and/or third-parties retain ownership of all Intellectual Property Rights in all Content. No transfer or grant of any ownership rights to any CRPL Materials is made or is to be implied by any provision of these terms and conditions or by any other provision contained on the Site or the Platform.
Unless otherwise indicated in these terms and conditions, all materials on the Site, Platform or provided as part of the Services are protected by Intellectual Property Rights. Except for the bona fide purpose of considering an invitation to treat from CRPL or as otherwise permitted by law, the Site, the Platform or any portion of the Site or Platform may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by CRPL.
Any other use of materials provided as part of the Service without the prior express written permission of CRPL is strictly prohibited.
Client’s obligations & limitations of use
CRPL asks that the Client treat others with respect and kindness in all communications on the Site and the
Without limiting the above, the Client may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of CRPL and/or its service providers;
- probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Site or Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CRPL (and only pursuant to those terms and conditions);
- scrape the Services, and particularly scrape Content from the Services, without the express prior written consent of CRPL (which may be given or withheld in the sole discretion of CRPL);
- use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging transmission control protocol/internet protocol packet headers or e-mail headers;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Site or Platform, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Site or Platform; or
- take any action that may undermine the quality of information contained on the Site or Platform, the feedback systems or the
ratingssystems used on the Site or Platform.
Links to third-party websites
Links to other websites may be provided from this Site or the Platform. In those
on the 6th of February 2020.