Last updated July 31, 2018
Welcome, and thanks for using Communic8.
Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform.
Please carefully read the following policies and statements as they further define the terms and conditions under which You are allowed to use the Platform. If You don't agree with these terms and conditions, you must immediately discontinue Your use of the Platform:
Cookie Statement (https://www.communic8.com/legal/cookie-statement)
Acceptable Use Policy (https://www.communic8.com/legal/acceptable-use-policy)
Copyright and Trademark Policy (https://www.communic8.com/legal/copyright-trademark-policy)
Operative Provision 1
Operative Provision 2
2. Definitions and Interpretation
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in QLD.
Business Hours means 9:00am – 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Platform means the Communic8 website platform owned and/or provided by Us, the homepage URL of which is https://www.communic8.com (including any sub-domain Member specific instances of our platform, i.e., https://member.communic8.com) and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications.
Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.
Platform Services means as set out in the Platform Services Description.
Platform Services Description means as set out at https://www.communic8.com/platform-services-description
Member means as set out in clause 5.1.
Member Data means as set out in clause 7.1.
Contact means a Members’ contact on the Platform. For example, when a Member uploads their distribution list on the Platform, integrates their instance of the Platform with another website or third-party service which provides a contact’s Personal Information, or uploads contact information directly in the Platform.
Visitor means a unregistered user accessing our websites.
We, Our and Us means Communic8 Group Pty Ltd [ABN 26 139 494 054] of Level 3/155 Queen St, Brisbane City Qld 4000.
You means you, the person who accesses the Platform for any reason, whether or not You are a Member or a Member’s Contact of the Platform.
(c) Currency refers to Australian dollars.
(d) A reference to a statute or regulation includes amendments thereto.
(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g) A reference to time is to time in QLD (Queensland, Australia).
(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i) The words "includes", "including" and similar expressions are not words of limitation.
You can't use most of the functionality provided by the platform until You register.
Operative Provision 3
3. Access and use of the Platform by nonmembers
3.1. Nonmembers of the Platform may not use the Platform Services.
Operative Provision 4
4.1. We reserve the right to accept or reject any person's registration on the Platform in Our absolute discretion.
4.2. If You submit an application to register on the Platform, You:
(a) will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
(b) will be deemed to have irrevocably warranted that You applied for registered on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;
4.3. You must ensure that You provide a valid email address at the time of registration.
4.4. We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Platform if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.
4.5. If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your Platform Account with Your up-to-date details and information.
4.6. You must not provide Your Platform Account name or the password for Your Platform Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).
4.7. You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.
If You register on Our platform you must pay any applicable fees, including any early termination fees. If You don't pay us we can terminate your access to Our services.
Operative Provision 5
5. Member plans and Service Charges
5.1. Only users who have registered on the Platform and have a Platform Account ("Members") may access the Platform Services.
5.2. You agree and acknowledge that if You become a Member You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.
5.3. Each Member must pay the fees and charges set out in the Platform Services Description (or as otherwise agreed between Us and the Member in writing) for the plan selected during signup for a Platform Account, in consideration for the Member's subscription to the Platform Services ("Service Charges") at the time and in the manner set out in the Platform Services Description, plus any GST that is applicable in respect of the supply of the Platform Services to the Member. Any applicable GST is payable at the same time as the Service Charges.
5.4. If the Platform Services Description specifies a minimum term for any subscription plan, then the subscription of a Member for the Platform Services is for that minimum term ("Minimum Term") and, unless otherwise specified in the Platform Services Description, cannot be cancelled or terminated by the Member prior to the expiry of the Minimum Term.
5.6. You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a Member, Service Charges.
5.8. Upon a Member's cancellation or termination of the service, if the Member elects to maintain the hosting of their Platform published content, the Member must pay a monthly decommissioning fee. The decommissioning fees are set out in the Platform Services Description.
We don't control the payment gateway used on the platform and we are not responsible for it or its security practices.
Operative Provision 6
6. Payment Requirements
6.1. We utilise a third party payment gateway provided by Stripe ("Payment Gateway") to process payments made to Us via the Platform.
6.2. If You are, or if You become a Member, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
(a) that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b) that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
(c) that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
6.3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.
6.4. We also currently accept payment of Service Charges by electronic funds transfer (EFT). However, we plan to phase out this form of payment. Accordingly, we reserve the right to only accept payment of Service Charges via the Payment Gateway.
6.5. All Service Charges must be paid within 14 days of invoice.
You own the data that you upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.
Operative Provision 7
7. Responsibility for and ownership of Member Data
7.1. If You are a Member, We agree that as between You and Us, You own all data that You upload into the Platform Services ("Member Data").
7.2. You agree and acknowledge that:
(a) the Platform Services and/or Your Member Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia unless otherwise specifically arranged outside of this agreement; and
(b) We may not own or operate the infrastructure upon which the Platform Services and/or the Member Data is hosted.
7.3. If You are a Member, You warrant, agree and represent that:
(a) You will only upload, input and transfer Member Data into and/or via the Platform Services or disclose Member Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and
(b) Your Member Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.
7.4. If You are a Member, You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Member Data on the Platform as required by Us to provide the Platform Services.
7.5. Each Member is solely responsible for the accuracy, legality and quality of all its Member Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Member Data in connection with the provision of the Platform Services.
7.7. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Member Data.
7.8. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Member Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Member Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
Our platform might go offline from time to time.
Operative Provision 8
8. Availability of Platform Services
8.1. Subject to clauses 8.2, 8.3 and 8.4, while You are a Member of the Platform, We agree to use Our best endeavours to procure hosting of the Platform Services and the Member Data and to ensure that the Platform Services are available.
8.3. You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and the Member Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Member Data operate, interface with or connect to, and that We are not responsible for any non-performance of the Platform associated with any of those matters.
8.4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or Member Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Member Data.
We own the platform and all IP in the platform. You cannot infringe Our IP rights.
Operative Provision 9
9. Usage Restrictions
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Member Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Platform in any way that infringes Our rights or the rights of any third party;
(d) use the Platform to create any product or service that competes with the Platform; or
(e) take any steps to circumvent any technological protection measure or security measures in the Platform.
9.2. You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.
You cannot use the platform for any illegal purpose or to violate any person's legal rights.
We restrict certain types of businesses from using Our platform.
Operative Provision 10
10. Acceptable Use Policy
10.1. You agree that:
10.2. We do not allow accounts whose primary purpose is promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate Your account if You send communications or messages or otherwise distribute any content that We determine, in Our sole discretion, contains either of the following:
(a) “A Thread of Physical Harm”. This means any statement, photograph, advertisement, or other material that in Our sole judgement could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
(b) “Hateful Content”. This means any statement, image, photograph, advertisement, or other material that in Our sole judgement could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote the discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
10.3. We also may suspend or terminate Your account if We determine, in Our sole discretion, that You are either:
(a) an organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenants include statements or principals that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm; or
(b) a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
(c) a person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
10.4. We also may suspend or terminate Your account if We determine, in Our sole discretion, that Your business' primary purpose is:
(a) Cryptocurrency sales, marketing, transactions, exchange, storage or the production of virtual currencies and any kinds of digital assets related to Initial Coin Offering (ICOs)
(b) Gambling services, products or schemes
(c) Multi-level or affiliate marketing
(d) Pharmaceutical product offers and discounts
(e) Online dating or escort services
(f) Lead generation opportunities
(g) Work from home opportunities or make money online offers
(h) Get out of debt opportunities, urgent cash offers and credit repair
(i) Pay lending offers
(j) List rental services and list brokers
(k) Selling social media “Likes” or followers
We own the platform and all IP in the platform. We also own all improvement suggestions that you make regarding the platform.
Operative Provision 11
11. Intellectual Property Rights
11.2. As between You and Us, except in respect of Your Member Data, We own all Intellectual Property Rights in the Platform.
11.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
We cannot be held responsible for the conduct of Our users.
Operative Provision 12
12. Responsibility for other users
12.1. We do not accept responsibility for the conduct of any users of Our Platform.
12.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
12.4. Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into the Platform.
12.5. We check content entered into or uploaded into the Platform from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 10) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 10 above, please contact Us.
We are not responsible for any claims made by third parties.
Operative Provision 13
13. Responsibility for third party claims
13.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
(a) Your use of the Platform; and/or
(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.
Apple and Google are not responsible for any smartphone apps that You use in connection with the Platform.
Operative Provision 14
14. App-Specific Provisions
14.1. The provisions of this clause 14 apply only to Your use of any Platform smartphone application that You download from the Apple App Store or Google Play (each, an App).
14.3. In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to Your use of a version of the App downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be Our sole responsibility.
14.4. You and We each acknowledge that, subject to clause 14.5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the App or Your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
14.5. Notwithstanding the provisions of clause 14.2, 14.3 and 14.4, and for the avoidance of doubt, You agree:
(a) to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the App and any other claims, losses, liabilities, damages or expenses) which relate to Your acts or omissions;
(b) You, and not Us, will be solely responsible for any of the matters referred to in clauses 14.2, 14.3 and 14.4to the extent they are caused or contributed to by You.
14.6. We and You each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
14.7. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
We are not responsible for third party sites.
Operative Provision 15
15.1. We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.
Our liability is limited in many ways.
Operative Provision 16
16.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.
16.2. The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.
16.3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
16.4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 13.1.
16.5. Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Member of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
16.6. If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Member of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
16.7. Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
You and We can terminate your access to the platform under certain conditions. We will give you a refund in certain circumstances.
Operative Provision 17
(b) where reasonably necessary to protect Our legitimate commercial interests.
17.3. We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
Notices between You and Us are deemed to be delivered at different times, depending on how and when they are sent.
Operative Provision 18
18.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for your Platform Account.
18.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://www.communic8.com/about.
18.3. Any notice issued by hand shall be deemed delivered upon delivery.
18.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
18.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
18.6. We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.
We can reference You as a customer of our Platform.
Operative Provision 19
19. Customer Reference
19.1. You agree (i) that We may identify You as a recipient of services and use Your logo in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by Us on Our website for promotional purposes.
We reserve our rights.
Operative Provision 20.1
Operative Provision 20.2
Operative Provision 20.3
Operative Provision 20.4
We are not partners, employers or employee or any other special commercial relationship.
Operative Provision 20.5
Our liability is only limited to the extent permitted by law.
Operative Provision 20.6
Operative Provision 20.7
Operative Provision 20.8