In these Terms:
Us, we, our and Vouchify means Vouchify Pty Ltd.
User, you and your means a Consumer User, a Business User or a Visitor.
Business means a business for which a business profile is created on the Platform.
Business User means a Consumer User who is linked, as an owner or a staff member, to an active Business profile.
Consumer User means a user of the Platform that has or creates a personal account.
Social Network means Face Book friends and/or Phone Contacts
User Material means any recommendations or Vouches, creative suggestions, comments, ideas, messages, notes, drawings, photos, images, videos or other information uploaded, posted, shared or submitted by a User on our Platform or via other communications with us.
Visitor means any person who accesses, visits or utilises our Platform or Services but does not create an account.
Vouch means a recommendation or positive comment provided by a User for a Business.
2. Introduction and types of Users
Our Platform and Services allow a Consumer User to:
Complete a Vouch request sent to the Visitor by sms/email from a Business;
Vouch for a Business which will be displayed on the profile page for the Business with First and Last name;
Edit or delete a Vouch the Consumer User has previously created for a Business on the Platform;
Search or browse for recommended Businesses near the User’s geographical location or another nominated location;
Discover Vouches made by Users in your Social Network and from other Users outside your Social Network;
Visit Business profile pages and view Vouches displayed for that Business;
Access and browse a news feed displaying Vouches or posts recently made by the User’s Social Network or near the User’s geographical or nominated location;
Add a new Business that is not already on the Platform and is not owned by the User and Vouch for that new Business (Vouchify has a review process and reserves the right not to activate a Business profile);
Our Platform and Services allow a Visitor to:
Create a Business profile for a Business that the User owns (Vouchify has a review process and reserves the right not to activate a Business profile).
Complete a recommendation (or Vouch) request sent to the Visitor by sms/email from a Business.
A Business User has access to all the above Consumer User features when logged in as their Consumer User profile. When utilising their Business User profile there is also the ability to:
edit their Business profile and add/edit staff members;
send out (by sms or email) Vouch requests to their own customers;
track the completion rate of the Vouch requests for the Business;
track the volume of traffic of Users to the profile page of the Business;
track the volume of calls/emails made to the Business from their profile page;
delete a Vouch in certain circumstances.
3. Registration as a Consumer User
You need to register as a Consumer User to access certain features of our Platform or Services.
When you register as a Consumer User, you may provide us with personal information such as your name, email address and mobile number and you may be asked to generate a passcode. Alternatively, you may choose to login using your Facebook account. You are responsible for keeping your login details secure and are responsible for all use and activity carried out as this User.
If you are under the age of 13 years, you may not register as a User. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
exercise supervision over the Minor's use of our Services;
assume all risks associated with the Minor's use of our Services, including the transmission of content or information to and from third parties via the Internet;
ensure that the content and information that the Minor may encounter whilst using our Services is suitable for the Minor;
assume liabilities resulting from the Minor's use of our Services;
ensure the accuracy and truthfulness of all information submitted by the Minor when using our Services; and
consent to these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Services on this basis.
4. Registration as a Business User
If you have registered a Consumer User profile, and you have a business that you would like to register on Vouchify, you can add a Business Profile and link your Consumer User profile to the Business Profile as the owner of the Business.
When you register as a Business User, you may be asked to provide various forms of verification information or documentation in order for us to determine that the Business User owns the Business for each Business profile created, or, has the requisite authority to create each Business profile created. The information requested may include, without limitation, an email address, phone contact information, business address, social media links, business or company registration documentation, photo identification such as a drivers’ license or passport, in order for us to determine that the Business User owns the Business for each Business profile created, or, has the requisite authority to create each Business profile created.
Vouchify recommends that a Business User explains to its customers the benefits of using Vouchify and seeks the customer’s consent before issuing vouch requests to its customers.
Business Users must not:
send out Vouch requests by email/sms to customers that are not genuine, current customers of the Business;
use any User Material in a manner that is misleading or deceptive;
materially alter User Material;
engage in any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platform or Services including the breach of applicable anti-spam legislation, or infringing upon third party rights including intellectual property rights;
sell or advertise goods or services that are illegal, offensive or pornographic.
Vouchify reserves the right, in its absolute discretion, to refuse approval for a Business registration, or to suspend or remove a Business profile for any reason whatsoever.
5. Business Users’ Responsibility to Comply with Legislation & Regulations
The legislation and regulations in each jurisdiction vary and are updated and amended from time to time. Business Users must ensure they comply with all relevant legislation applicable to their own particular industries) and jurisdictions. Vouchify takes no responsibility and will not be held liable for any breeches by Business Users of any legislation whatsoever.
Without limiting the generality of this section, any Business User that provides Regulated Health Services and is a practitioner governed by the Australian Health Practitioner Regulation Agency (AHPRA), is legally restricted from requesting Vouches from customers and advertising using testimonials in respect of the regulated services. Vouchify takes no responsibility and will not be held liable for any breeches by Business Users of AHPRA guidelines.
6. Collection Notice
We may disclose such information to third parties that helps us deliver our Services (including information technology suppliers, communication suppliers, payment processing suppliers and our business partners) or as required by law. Some of these suppliers or their parent entities may be located overseas (primarily located in the USA). If you do not provide the personal information requested, we may not be able to provide all of our Services to you.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Terms.
7. Accuracy, completeness and timeliness of information
The information on our Platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information displayed. You should monitor any changes to the information contained on our Platform.
We are not liable to you or anyone else if interference with or damage to your computer systems or mobile phone occurs in connection with the use of our Services. You must take your own precautions to ensure that whatever you select for your use from our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or mobile devices.
We may, from time to time and without notice, change or add to our Platform (including the Terms) or the information, products or Services described in it. However, we do not undertake to keep the Platform updated. We are not liable to you or anyone else if errors occur in the information on our Platform or if that information is not up-to-date.
8. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those specific terms and conditions will prevail.
9. Linked sites
Our website and Apps may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10. Intellectual property rights and licenses
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our Platform and in all of the material (including all text, graphics, logos, audio, video and software) made available on our Platform (Content).
Your use of our Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a non-exclusive and non-transferrable revocable licence to access and use our Platform and view the Content on these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Vouchify may revoke or suspend a User’s license in its absolute discretion for any reason whatsoever. Vouchify will generally advise a User of any suspension or revocation but is under no obligation to do so.
You may not:
data scrape, web scrape or otherwise harvest information or Content from our Platform for the purposes of extracting data for exploitation (including to compile commercial directories or listings)
publish, reproduce or redistribute our Platform or the Content to further your own commercial purpose (including any advertising revenue or advertising revenue generation activity)
directly or indirectly copy, recreate, reproduce, decompile, reverse engineer, create derivative works from, modify or use any source or object code, architecture, algorithms contained within our Platform or any associated documentation.
Such use is expressly prohibited and may result in civil and criminal penalties. All other use, copying or reproduction of our Platform, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make, save or print one copy of a recommendation (or Vouch) for the purpose of viewing the Content for your own personal use.
11. User Material and moral rights consent
User Material means any Vouches, creative suggestions, comments, ideas, messages, notes, drawings, photos, images, videos or other information uploaded, posted, shared or submitted by a User on our Platform or via other communications with us.
You automatically grant us (our licensees, contractors, assignees and successors and their licensees, and any other person authorised by any of them) to the maximum extent permitted by law, a perpetual, royalty free, irrevocable, non-exclusive right and license to use, copy, hold, edit, distort, reproduce, adapt, communicate to your Social Network and the public, publish and distribute or incorporate into such publications, communications and distributions in any form, medium or technology in any jurisdiction anywhere in the world, the User Material with no obligation to make any payment to you in respect of our use of the User Material.
Specifically, we may display the Vouches you make on our Platform, on other social media, and for any other marketing, promotional or public relations purpose. Your Vouch may be displayed together with your first name and last name to Users within your Social Network and to other Users outside your Social Network.
You consent to us (our licensees, contractors, assignees and successors and their licensees, and any other person authorised by any of them) doing anything or omitting to do anything in relation to any of the User Material that would otherwise infringe your moral rights (including rights of integrity and attribution of authorship), or any similar non-assignable, personal rights you might have.
You acknowledge and agree that if you delete or edit User Material (including, but not limited to, deleting or editing a Recommendation or a Vouch), and that User Material is currently in use by a third party, then it is beyond our control, and Vouchify accepts no liability or responsibility for the continued publication of that User Material in its original form.
If requested by us, you will at our expense, execute such documents so as to give effect to the grant of rights and consent in these Terms.
12. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platform or Services, including but not limited to:
vouching for a Business from which the User has not actually purchased goods or services;
making a negative comment about a Business (the Vouchify Platform is for recommendations only, it is not the forum for generating negative reviews for a Business);
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using our Services to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to our Platform any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or infringes upon third party rights including intellectual property rights, or which is detrimental to, in violation of, or infringes upon our systems or a third party's systems or network security.
If we allow you to post any information to our Platform, while we do not actively supervise, control, monitor or censor User Material, we have the right to take down, delete or edit User Material at our sole discretion and without notice.
Opinions, views, recommendations or Vouches expressed in User Material are those of our Users, they are not necessarily shared by us and we do not necessarily endorse them.
13 Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Platform or the Content or User Material, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Platform will be secure.
We reserve the right to deny, restrict, suspend or terminate without notice a User’s access to our Platform, any Content or User Material, or any feature of our Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14. Liability and indemnity
You agree that you use the Platform at your own risk to the maximum extent permitted by law, including the Australian Consumer Law. In no event shall we be liable for any direct, incidental, consequential or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may result from, or be suffered due to, your use of our Platform and/or the Content or User Material contained on it or displayed in connection with it, or as a result of the unauthorised use of a User’s account, or as a result of the inaccessibility of our Platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You agree to indemnify us from and against any claim, cost, loss, damage or expense that we incur or suffer as a result of any default by you in respect of these Terms or any act or omission by you in connection with your use of our Platform, Content or User Material.
15. Jurisdiction and governing law
Your use of our Platform, our Services, and these Terms, is governed by the law of New South Wales. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
If any provision of these Terms are found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of these terms and conditions which will continue in full force and effect.