PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CHECKING THE "I AGREE" BOX ON THE SIGN-UP PAGE OR BY OTHERWISE USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE CONDITIONS AND TERMS DESCRIBED HEREIN AND ALL OTHER CONDITIONS.
For questions or comments about these Terms please contact us at email@example.com.
These Terms were last updated on 17th October, 2013.
i. A "user" is anyone who browses, accesses, crawls, scrapes or uses the Site in any way. The terms "you" and "your" refer to you, as a user of the Site. The terms "Site", "Service", "Trigger" refer to Trigger, www.triggerapp.com, the Service and any and all associated software, hardware or services required to provide this service to you as a free trial or paid subscription basis. Trigger is owned and operated by NetEngine (a trading name of MHS Real Pty Ltd, ABN 54 128 512 167). The terms "us", "we" or "NetEngine" refers to NetEngine. "Terms" or "Terms of Service" refer to the terms contained in this Agreement.
ii. "Content" means text, images, video and/or audio, and any other types of communication or data. "Your Content" means Content that you post, submit, use on or transmit to, the Site, and information or other commentary that you may post, submit, use on or transmit to, the Site. Your Content does not include the information that you submit during the account creation process on the Site. "User Content" means any Content that users post, submit, use on or transmit to, the Site. "Trigger Content" means any Content that is created and made available on the Site by us. "Site Content" means any and all of the Content that is made available on the Site, including Your Content, User Content, and Trigger Content.
3. User Accounts
As a "user", you represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password.
You agree that all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service are solely your responsibility. You will notify us immediately of any unauthorized use of your account or password. Without limiting any other remedies, your account may be suspended or terminated if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Trigger.
4. Identity Verification
We verify the accuracy of the e-mail address our users provide us when they register on the Site. However, because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity and we will not be responsible or held liable for any damages incurred or sustained by you due to any negligent or intentional concealment of a user's true identity.
5. Account Billing, Invoicing, Refunds and Credit Card Security
i. Free Trial - We offer a free trial for you to test our service, and decide if it is right for you. You are not required to enter any credit card or payment account information to access the Free Trial of the Service for a period of sixty (30) days. You may upgrade to a paid subscription plan at any time during the Free Trial period by entering a valid credit card or payment account details. Should you upgrade to a paid subscription plan during the Free Trial period you will not be billed until the Free Trial period has ended.
ii. Paid Subscription - The Service is billed in advance on a monthly subscription. Refunds are offered to users who have over-subscribed in error, if we're contacted within 48 hrs of receiving a payment reciept. We do not give refunds or credits for account downgrades or upgrades, partial months of service, or for unused months with an open account.
iii. Changing Your Paid Subscription Plan - As we offer a simple paid subscription plan, and you can upgrade/downgrade at any time. We will bill you automatically on a pro-rated monthly subscription basis when you add new users. We will not provide refunds for account downgrades. Downgrading your paid subscription plan may result in the loss of access to invited users. Trigger assumes absolutely no liability with such loss.
We may alter the fees and charges in effect for the paid subscription plans or add new fees and charges at any time. However, we will provide you with advance notice of no less than fourteen (14) days of these changes by posting them on our Site and/or via email. All subscription account payments are due no more than fourteen (14) days after an invoice is received. Late payments may result in account suspension or cancellation. If you wish to cancel your paid subscription you may do so by contacting firstname.lastname@example.org with your request. Upon cancellation of your account, you will be billed only for the current billing period you are in.
All payments according to this "Agreement" shall be paid in Australian Dollars.
When purchasing from Trigger your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology, and is never stored on our servers under any circumstances. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre - email@example.com
6. Information Control and Storage
We do not control the information provided by users made available through our system. You may find other user's information to be inaccurate or deceptive, offensive or harmful. Please use common sense and caution when using the Site. There may be risks of dealing with underage persons, people acting under false pretense, risks dealing with foreign nationals or international trade. When you use the Site, you agree to accept these and any other risks and we are not responsible for the acts or omissions of users on the Site. You further hereby agree that we are not responsible or liable for the deletion or failure to store information.
NetEngine claims no intellectual property rights regarding the content and/or data you upload to the Service.
7. Restrictions on Use
You agree that you will not:
i. use the Site in violation of the Terms or any applicable law;
ii. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another user's use of the Site;
iii. use the Site to promote bigotry or discrimination against protected classes;
iv. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
v. record, process, or mine information about other users;
vi. use the Site to transmit or post pornography or illegal content;
vii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
viii. use the Site for promotional or commercial purposes, except as expressly permitted by NetEngine;
ix. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;
x. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
xi. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
xii. access, retrieve or index the Site to construct or populate a searchable database of business;
xiii. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by NetEngine;
xiv. reverse engineer any portion of the Site, except as may be permitted under the law;
xv. reformat or frame any portion of the Site;
xvi. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
xvii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
xviii. use the Site to consummate any transaction that was initiated using our Service that could cause us to violate any applicable law, statute, ordinance or regulation;
xix.take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Trigger's technology infrastructure; or
xx. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
9. Termination or Suspension of Service
If you wish to terminate your account, you may do so by providing us with written notice of your decision. Your notification must be sent via e-mail to firstname.lastname@example.org. Cancellations will be effective within seven (7) business days. We will require you to make payment up to the end of the current billing period you are in and no refunds will be provided.
Cancelled accounts will have their data removed within seven (7) business days of the cancellation request.
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any inappropriate activity is being conducted through the use of the Site and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. NetEngine shall have no obligation to maintain any content in your account.
We reserve the right to utilize any and all lawful means we deem necessary to prevent unauthorized use or access of the Site, which include and are not limited to IP mapping and/or contacting your ISP (Internet Service Provider) and technological barriers in regard to such unauthorized use.
Termination of your service in no way affects your liability or obligations under this Agreement.
10. Right to Modification of Terms
NetEngine reserves the right to change, revise or modify the Terms or any of the related Agreements at any time by posting the amended terms on the Site. Terms that have been amended are automatically made effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your only remedy is to discontinue use of the Service. The most recent Terms of Service and all related Agreements will be posted on the Site, and you should always review them prior to using the Site. NetEngine reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.
11. Exclusion of Warranties
TRIGGER SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. NETENGINE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETENGINE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL NETENGINE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.
12. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some Australian States/Territories may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold Trigger, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site or Service. NetEngine shall provide you reasonable notice of such claim.
14. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any NetEngine's employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and NetEngine agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement or any rights hereunder to any other party. NetEngine shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of NetEngine in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be governed by, and construed in accordance with the laws of the State of Queensland, without regard to its conflicts of law provisions. Each party using our Site or Services agrees to the exclusive jurisdiction of the courts of the State of Queensland, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Brisbane, Queensland and waives any and all jurisdictional, venue or inconvenient forum objections.
If you are dissatisfied with the Site, please let us know by sending your feedback to email@example.com. Your only remedy in regard to any dissatisfaction with (a) the Site, (b) the Terms, (c) any policy or practice of Trigger in operating the Site, or (d) any content or information transmitted through the Site, is to terminate your usage of the Site and close your account.
ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
You may contact us at:
7 Prospect Street
Fortitude Valley QLD 4006