TERMS AND CONDITIONS OF USE FOR NON-MEMBERS.

TERMS AND CONDITIONS OF USE FOR MEMBERS

Your use of this site is subject to these conditions of use.
By logging into this site, you agree:
• That you will abide by Helpful Comments community values and use this site only to provide genuine feedback and will not misuse or abuse this facility, nor provide information which is offensive or immoral.
• That with your permission we will include with your comment, background information that you choose to provide to us, such as your gender, postcode and occupation.
• That Helpful Comments is not responsible for the allotting of reward points, which is at the complete discretion of our corporate partners.
• That Helpful Comments is not responsible for the provision of the goods or services to which your feedback relates and in no way endorses the goods or services of our corporate partners.
• That you will not re-produce any part of this site.
• That you must abide by these conditions of use, and that at a failure to do so permits us to bar you from access to the site.
By logging into this site, you acknowledge:
• that our use of your personal information is governed by our privacy policy; and
• that you have read and understand our privacy policy.

TERMS AND CONDITIONS OF SUPPLY OF SERVICES TO BUSINESS SUBSCRIBERS

IMPORTANT NOTICE: BY AGREEING TO THE TERMS AND CONDITIONS DURING THE SUBSCRIPTION PROCESS, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.

1. LEGAL RELATIONS
These Terms & Conditions are intended to create a legally binding agreement between the parties under the terms set out herein.
2. INTERPRETATION
In these Terms & Conditions:
(a) “Customer” means a person who wishes to comment on your business.
(b) “Customer feedback” means comments submitted to the Web Site by Customers.
(c) “Customer Feedback Facility” means the facility pursuant to which your
Customers log into our Web Site and provide their feedback about your goods and services.
(d) “Goods” means the goods ordered by You from Us through the Web Site.
(e) “GST” and ‘tax invoice” have the same meaning as under the A New Tax System (Services and Services Tax) Act 1999 (Cth).
(f) “Intellectual Property” includes copyright, patents, registered designs, trade marks (both registered and unregistered) and includes the goodwill associated with any Intellectual Property.
(g) “Us”, “We” and “Helpful Comments” means Ssanz Pty Ltd (113 5923 392) trading as Helpful Comments, of 31 Flinders Street, Melbourne, VIC. 3000, Australia.
(h) “Services” means the services ordered by You from Us through the Web Site.
(i) “Web Site” means the Internet web site operated by Us and located at www.helpfulcomments.com.
(j) “You” means the purchaser specified in the subscription or services order form.
3. ORDERING
(a) By placing an order for Services or Goods through this Web Site, You are making an offer to purchase the Services or Goods specified by you in your order at the price specified in the Web Site’s pricing list for your order. We may in our absolute discretion accept or reject your order.
(b) Upon us accepting your order, you enter into a legally binding contract with us under these Terms & Conditions. All Services or Goods ordered through this Web Site are sold subject to these Terms & Conditions.
(c) These Terms & Conditions shall prevail over any of your conditions if inconsistent.
(d) All representations, statements, terms and conditions not embodied in these Terms & Conditions are expressly excluded to the fullest extent permitted by law.
(e) These Terms & Conditions constitute a separate contract in relation to each order made by You.
4. PRICE
Unless otherwise stated, all prices quoted are inclusive of GST but exclusive of any other tax, duty, levy, charge in respect of any Services or service supplied by Us or fees paid to or received by Us.
5. PAYMENT
Payment is required in advance and in full and before You are granted access to use the site.  At the end of the subscription period, You are responsible for renewing your subscription and ensuring your subscription is kept current.  If your subscription should lapse or your payment be declined, then Helpful Comments, may, in its complete discretion, bar You from access to the Web Site, until You have renewed your subscription and payment has been accepted. In the event that you are barred from use of the Web Site under this clause, then We are not responsible for any loss or damage suffered by You as a result of being barred.
6. INTELLECTUAL PROPERTY AND PRIVACY
(a) We own all Intellectual Property in our website and in the feedback submitted to our Web Site by Customers and in our Goods. You agree that you will not reproduce any part of the Web Site without Our prior written consent.
(b) You agree that you will not obscure or deface any of our Goods.
(c) We cannot provide legal advice on marketing or public relations strategies and You need to seek your own advice on the permitted uses of the Customer feedback.
7. WARRANTIES AND LIMITATION OF LIABILITIES
(a) Whilst every reasonable endeavour is made by Us to ensure the our Web Site operates smoothly and is accessible to You seven days a week:
(i) it is necessary for us to occasionally bar access to the Web Site for technical reasons. In the event that technical work is planned, you will receive 24 hours notice of the planned work and an estimate of the likely down time
(ii) we will not be liable to You for any loss and damage You may suffer as a result of a shut down as contemplated in 7(a)(i) or as a result of technical problems beyond our control, including but not limited to server problems (either Your server or the server We use) and configuration problems. We cannot guarantee that your use of the Web Site will be interruption free or that our Web Site will operate with full functionality on your individual PC or computer system.
(b) Part of the role of Helpful Comments is to encourage Your Customers to provide full and frank feedback about Your goods and services. Helpful Comments is an intermediary and merely relays Customer feedback, and, as such, We do not accept any responsibility for the content of Customer feedback. However, we reserve the right to bar access to Customers who misuse or abuse the Customer Feedback Facility, or whose Customer feedback contains illegal, offensive or immoral content.
(c) The Trade Practices Act 1974 and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into agreements (“Consumer Warranties”). This clause does not exclude or limit the application of any Consumer Warranties or other warranties where to do so would contravene the law of the relevant jurisdiction or cause any part of this clause to be void.
(d) We exclude all terms, conditions and warranties implied by custom, the general law or statute except any Consumer Warranties.
(e) Our liability to You for breach of any Consumer Warranties is limited, at Our option to:
a. for Services:
providing those services again; or
ii. paying the cost of having those services provided again;
b. for Goods:
replacing the goods that breach the warranty; or
ii. paying the cost of replacing the goods that breach the warranty.
8. LAW APPLICABLE
These Terms & Conditions and any orders made through this Web Site are subject to the laws, and exclusive jurisdiction of the courts and tribunals, of Victoria, Australia.
9. GENERAL MATTERS
(a) We may amend these Terms & Conditions from time to time without notice to you, such amendments applying to any use by You of the Web Site after the amended Terms & Conditions are posted on the Web Site.
(b) Our failure to enforce or exercise any right under these Terms & Conditions will not constitute a waiver of any right.
(c) Any notice from Us to You will be deemed to have been given at the time of dispatch and any notice from You to Us will be deemed to have been given at the time of receipt, as defined in the Electronic Transactions (Victoria) Act 2000 (Vic). The postal delivery rule is hereby expressly included for notices from Us to You but is expressly excluded for notices from You to Us.
(d) We may assign our rights under these Terms and Conditions without notice to you, but these Terms and Conditions shall not be assignable by You without Our prior written consent.
IMPORTANT NOTICE: BY AGREEING TO THE TERMS AND CONDITIONS DURING THE SUBSCRIPTION PROCESS, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.