Terms and Conditions

Collecty Subscription Service Terms and Conditions

1. Subscription

By subscribing to the Collecty Service (“Service“), you (“The Subscriber”, “you”, “subscriber”) agree to be bound by these Terms and Conditions. The Service is provided by Geek Group Pty Ltd (“Company“, “we“, “us“, “our“). Your agreement to these Terms is deemed to occur upon purchase of the Service. If you do not agree to be bound by these Terms, you must not purchase or use the service.

2. Review Management

2.1 The Company provides a platform for aggregating, collecting and managing reviews from various third-party platforms including but not limited to Google, Facebook, and Trustpilot (collectively referred to as “Third-party Review Platforms”).

2.2 The Company does not claim any ownership or control over the Third-party Review Platforms, and the services it provides are solely reliant on the data and information available on these platforms. The Company cannot and does not guarantee the continuous, uninterrupted availability of reviews or any specific content on these platforms.

2.3 The Company is not responsible for the terms and conditions, privacy policies, practices or content of the Third-party Review Platforms, and the use of these platforms will be governed by their respective terms of service and privacy policies.

2.4 The Company does not warrant the accuracy, completeness, or usefulness of the reviews sourced from the Third-party Review Platforms. All such reviews are provided “as is” with no warranty or representation as to the accuracy, completeness, or reliability. The Subscriber understands and agrees that any reliance on such material is at their own risk.

2.5 The Company disclaims any responsibility for any harm resulting from the Subscriber’s use of the Third-party Review Platforms. It is the Subscriber’s responsibility to review and accept the Third-party Review Platforms’ terms and conditions and privacy policies before using them.

2.6 The Company may, at its discretion, modify, add, or remove review platforms from its service. Any such modifications will be communicated to subscribers through appropriate channels.

2.7 The Subscriber agrees to indemnify and hold harmless the Company against all claims, damages, or losses arising from violations of Third-party Review Platforms’ terms of service due to the Subscriber’s actions.

3. Subscription Fee, Scope and Misuse

3.1 The Subscriber has two options for subscribing to the Service:

• Monthly Plan: AUD 79 per month
• Yearly Plan: AUD 599 per year

3.2 The Subscriber will receive a 7-day free trial period upon initiating their subscription. The Subscriber may choose to cancel the subscription at any time during the trial period without any cost. If the subscription is not cancelled by the end of the trial period, payment for the chosen subscription period will be automatically processed following the expiration of the free trial.

3.3 All payments are due upfront for the chosen subscription period post the free trial.

3.4 All payments are non-refundable. The Subscriber agrees that no refunds will be provided for the unused portion of the subscription period once payment has been processed after the free trial.

3.5. These fees may be subject to change. We reserve the right to alter these fees with prior notice to The Subscriber. Any such changes in the subscription fees will only become effective after the completion of The Subscriber’s current subscription period. Therefore, the fee increase will be applicable to the next billing cycle following the expiration of the current subscription period.

3.6. The Service is intended for use only by the specific business entity associated with The Subscriber’s account. Misuse of the subscription, including but not limited to sharing the subscription benefits outside of the specified business entity, is strictly prohibited and may result in the immediate termination of the subscription without refund.

3.7 The Subscriber is prohibited from using the Service for sending malicious content, including but not limited to, SMS or Emails that are harmful, offensive, threatening, defamatory, or in violation of any laws or regulations. Such misuse will be treated as a breach of these Terms and may result in immediate termination of the subscription without refund.

3.8 In the event that The Subscriber uses the Service to send prohibited content, The Subscriber accepts full liability for any actions taken by third parties in response to the prohibited content. This includes, but is not limited to, legal actions, claims, damages, loss or penalties. The Company shall not be held responsible for any such actions arising from The Subscriber’s misuse of the Service.

3.9 The Subscriber must adhere to our Fair Use Policy while sending SMS or emails using our Service. The Fair Use Policy is intended to ensure that all our Subscribers have equal access to and benefit from our Service. Misuse or excessive use of the SMS and Email features, as determined by our Fair Use Policy, may result in restrictions or termination of these features, and/or the immediate termination of the subscription without refund.

3.10 Our Fair Use Policy is subject to change, and we reserve the right to modify this policy with prior notice to The Subscriber. It is The Subscriber’s responsibility to regularly review the Fair Use Policy and ensure compliance.

3.11 The Subscriber agrees to indemnify and hold harmless the Company from any claims, losses, damages, or penalties resulting from The Subscriber’s misuse of the subscription or breach of these Terms.

4. Limitation of Liability

While we strive to offer a high-quality service, to the maximum extent permitted by law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, arising out of or in any way connected with the use or performance of the Service. This includes but is not limited to damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, the delay or inability to use the Service, the provision of or failure to provide services, or for any information, software, products, and services obtained through the Service.

The Company makes no guarantee of any specific result from the use of the Service or any services provided by it.

5. Warranties and Disclaimers

The Company will not be liable for any losses and damages in connection with the use of the Service.

6. Indemnification

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above.

7. Termination

The Company reserves the right to terminate your access to the Service at any time, with or without notice, for any violation of these Terms.

8. Changes to the Terms and Conditions

We reserve the right to amend or update these Terms and Conditions from time to time. It is your responsibility to regularly check these Terms for any changes. If you continue to use the Service after any changes to the Terms, you are deemed to have accepted those changes.

9. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Queensland, Australia. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

10. Subscription Cancellation, Refunds, and Renewals

10.1. Cancellation: You may cancel your subscription to the Service at any time. If you choose to cancel your subscription, the cancellation will take effect at the end of the current subscription period. You will continue to have full access to the Service for the remainder of your prepaid subscription period.

10.2. No Refunds: Payments for subscriptions are non-refundable, and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period.

10.3. Automatic Renewal: Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew for another term of the same duration. You authorise us to charge your payment method for the renewal term. You will be notified of any price changes prior to renewal.

11. End of Subscription Term

At the end of your subscription term, if not renewed, your access to the Service will cease. We are not responsible for any data loss after the end of your subscription term. It is your responsibility to take any necessary precautions regarding your data prior to the end of your subscription.

12. Copyright and Trademarks

12.1 All materials on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of the Company or its content providers and are protected by Australian and international copyright laws.

12.2 All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to the Company, or other respective owners that have granted the Company the right and license to use such Marks.

12.3 Unauthorized use of any of the Marks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of Australia. You are expressly prohibited from using or misusing any Marks, and you agree that you will not infringe upon, harm or contest the validity of the Company’s ownership in or rights to the Marks.

12.4 If you use our Marks in reference to our products or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks:

• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services.

12.5 The Company respects the intellectual property rights of others and expects that The Subscriber will do the same. The Company may, in appropriate circumstances and at its discretion, terminate the subscription of users who infringe the intellectual property rights of others.

13. Communications

For any queries, concerns, or communications related to the Service, The Subscriber is requested to contact us through the following means:

Email: hello@collecty.com.au

We will strive to respond to your queries as quickly as possible.

14. Fair Use Policy

14.1 This Fair Use Policy is designed to prevent abuse and ensure all our Subscribers enjoy a high-quality, equitable service. It applies to the usage of our SMS, Email and WhatsApp services as a part of the subscription to our platform.

Excessive Use of SMS, Email and WhatsApp Services

14.2 The Subscriber agrees not to misuse our services by sending an excessive number of SMS or Email or WhatsApp review requests daily. What we consider as ‘excessive’ will be determined at our sole discretion and may vary from time to time.

14.3 Our platform is designed to facilitate the collection and management of reviews. It is not intended to be used for spamming or any form of bulk messaging. Sending an unreasonable number of messages or using the service to annoy or harass individuals is strictly prohibited.

14.4 We reserve the right to monitor the usage levels of all Subscribers to ensure fair access for everyone. In the event that a Subscriber’s usage is deemed to be excessive, we reserve the right to take appropriate action. This can include sending a warning, reducing the sending limits, suspending the services, or in severe cases, terminating the subscription without refund.

Abuse of Review Requests

14.5 The Subscriber agrees not to abuse the review request feature by sending multiple requests to the same individual in a short period of time. Such practice can lead to a poor experience for the reviewee and can negatively impact the reputation of The Subscriber and our platform.

14.6 We reserve the right to monitor the frequency and pattern of review requests sent by The Subscriber. If we find any misuse, we may take corrective action, including but not limited to, sending a warning, suspending the review request feature, or terminating the subscription without refund.

Adhering to this Fair Use Policy helps us maintain a high-quality service that is beneficial and fair to all subscribers.

15. Privacy Policy

15.1. By subscribing to the Collecty Service, you agree to our Privacy Policy, which is available for review at https://www.collecty.com.au/privacy. The Privacy Policy explains how we collect, use, disclose, and protect your personal information. It is incorporated by reference into these Terms and Conditions.

15.2. We recommend that you read our Privacy Policy carefully before subscribing to our Service. If you do not agree to our Privacy Policy, you must not subscribe to or use our Service.

16. Severability

16.1 If any provision of these Terms and Conditions is held by a court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid and enforceable to the fullest extent permitted by law. In the event that any such invalid or unenforceable provision is a fundamental term, the parties will negotiate in good faith to amend such provision in a manner that, to the greatest extent possible, achieves the same economic, business and other purposes of the invalid or unenforceable provision.

17. By subscribing to the Collecty Service, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms, you must not subscribe to or use our Service.

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