Terms Of Service

These terms and conditions, together with the Certimonials® Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Certimonials® site ("Conditions") govern your use of and access to the Certimonials® web site

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Certimonials® web site. Your subsequent or continued use of the Certimonials® web site will constitute your acceptance of any changes. If you object to any changes to the Conditions, you must immediately discontinue using the Certimonials® web site.

Our Responsibilities

We will do our best and use all reasonable endeavours to ensure that the Certimonials® web site is continuously available for you to use. We do not guarantee that the web site will always be available and we accept no liability for any loss, inconvenience or other outcome, foreseeable or unforeseeable, as a result of the web site being unavailable.

We will protect your data in accordance with our Privacy Policy and never use it or knowingly permit it to be used by anyone else.

We will respond to your communications promptly and professionally.

Your Responsibilities

Users of the Certimonials® web site are separated into two groups:

  • Clients of Certimonials®
  • Customers of the Clients of Certimonials®.

To use the Certimonials® web site, all users will need to register. Your registration on the Certimonials® web site must use accurate and complete information, as requested. You must use your real name which means you may not use a fictitious name or impersonate another person or create a registration for anyone other than yourself. We may, at any time, request a form of identification to verify your identity.

Clients of Certimonials® must subscribe to the service and are required to select a subscription and provide billing details. Billing does not commence until the end of the trial period (14 days). Your subscription is annual, billed monthly if you prefer. If you wish to cancel your subscription, you must do so before the annual renewal date. If, during the trial period, you find that the service does not offer what you need, you may cancel with no cost to you. There is no trial period offered for if you subsequently re-subscribe.

Customers of the Clients of Certimonials® do not need to subscribe in order to create a Certimonial, they just need to register. If the Customer decides to become a Client of Certimonials® at a later time, they will be required to subscribe then.

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card, if applicable). You must notify us immediately if you become aware of any unauthorised use of your membership details.

We reserve the right, at our sole discretion, to suspend or terminate your access to the Certimonials® web site if we believe you are abusing the service in any way, have breached the Conditions or are no longer an active member.

You must not attempt to interfere with, disrupt, or create an undue burden on the Certimonials® web site.

You must not use the Certimonials® web site

  • to contact any person who has not given you their explicit authorisation to do so;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • with the assistance of any automated scripting tool or software;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any fraudulent or illegal purpose;

You may not upload any material which:

  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • includes a logo or other item of intellectual property belonging to another person or entity unless you have authority to do so.
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us);

You may not alter any legally obtained Certimonial® except for the purpose of creating an excerpt and, even then, you must not alter the intent of the original Certimonial®.

Notifying us

If you think that the Certimonials® web site has been accessed or used by another user in breach of the Conditions, please email us at conditionsbreach@certimonials.com. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to conditionsbreach@certimonials.com.

Intellectual Property

The Certimonials® web site contains Material that is protected by copyright, trade mark and other laws. Except for legally obtained Certimonials®, you may not reproduce or display or use any of the Material on the Certimonials® web site nor use, reverse-engineer or otherwise attempt to replicate the web site code and in any way, shape or form.

If you upload a logo, you indemnify Certimonials® against any claim that may be made by the relevant owner.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Certimonials® web site, including any breach of the Conditions by you.

Disclaimer

You use the Certimonials® web site at your sole risk.

Except where expressly stated otherwise, Material on the Certimonials® web site is provided as general information only.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Certimonials® web site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Certimonials® web site in any circumstance.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

"Conditions" means these terms and conditions, together with the Certimonials® Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Certimonials® web site.

"Material" means text, illustrations, photos, audio, video or any combination of these or other material.

"Us", "we" or "our" means Certimonials®, a division of Social Proof Rules

(ABN 32 609 075 818).

Copyright © Certimonials®