Definitions

“We”, “Us”, “Ourself”, “Themself”, “Herself”, “Himself”, and “OurOwnSelf”

These are used to refer to RepDefender in Terms & Conditions.

“You”, “Yourself”, “Your” or “Yourself”

These are used to refer to the individual/business engaging RepDefender in the Terms & Conditions.

Services

This refers to the offerings outlined on the RepDefender website, RepDefender software or RepDefender proposals/quotes in the Terms & Conditions.

Review Removal

This refers to Our Review Removal Services outlined in the sign-up process provided by Us, and otherwise described in the Terms & Conditions.

Chosen Reviews

This refers to the review identified by You or Us as being the focus for Our Review Removal service.

Platform

This refers to the identified website that hosts and/or displays the Chosen Reviews on the internet.

Author

This refers to the individual/business that posted the Chosen Review to the Platform.

Terms of Business

By entering into an agreement for Services provided by Us, You agree to these terms from the time of acceptance, for the entire agreed upon term. These terms will be deemed to be accepted upon payment of any deposits or fees to engage Us to commence the Services, or via electronic acceptance (such as email or e-signature) to a provided reference to these terms.

Confidentiality & Non-Disclosure

Whilst providing Services, confidential technical, business or personal information, which the disclosing party desires the receiving party to treat as Confidential Information may be disclosed by You or Us.

1. Was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party.
2. Becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party.
3. Is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure.
4. Is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality.
5. Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.
6. Is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.

At no time are We obligated to provide evidence or details of the methods, submissions or strategies made in carrying out Services, as this information is considered Our ‘confidential intellectual property’ (IP). We guarantee that all Services provided by Us are in conform to all applicable Australian laws and regulations. We store all confidential content provided to Us by or on behalf of You for no longer than a period of 30 days after the cancellation of Services by You. This clause does not apply to electronic communications between Us and You, which are securely stored but may not be destroyed upon the conclusion of Services.

Limitation of Liability

To the extent permissible by law, We are not liable for:

1. Faults or shortcomings in any Services provided by third parties in connection with this Agreement.
2. Any indirect or consequential loss, loss of profits, data loss/corruption, loss of goodwill, loss of revenue, loss of anticipated monetary savings or business interruption, however arising, whether or not We knew of the possibility of such loss and whether or not such loss was foreseeable.

To the extent permissible by law, Our total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts actually paid by You for the Services provided.

To the extent permitted by Australian law, Our liability for breach of a non-excludable condition is limited to:

1. Supplying the Services provided again; or
2. Refund of the cost of having the Services provided again.

You agree to indemnify, defend and hold Us harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

1. Your breach of this agreement.
2. Your negligent actions or omissions.
3. Your use of Our Services, including any third-party claims made in connection with or arising out of Your use of Our Services.
4. Breach of third-party intellectual property, privacy, confidentiality, or moral rights.

To the extent permissible by law, You agree to indemnify and keep Us, Our directors and employees, indemnified against all loss arising from actions taken performing Our Services.

Payment

You must pay for Services by credit card or automatic direct debit from your nominated bank account. Unless otherwise instructed, We do not store your payment details, instead We use a third-party application called ‘Stripe’. Your payment details are stored from the deposit or first payment and used to charge the balance of fees and subsequent payments.

Guarantee

We do not guarantee any likelihood of success of our Services, except those required under Australian Consumer Law.

Refund

As We do not charge a fee unless we successfully carry out Services, We do not offer refunds or credits for services successfully rendered unless required under Australian Consumer Law or other relevant consumer protection laws. If a deposit is taken, it will be fully refunded if Services are not successfully carried out. If you want to request a refund or credit, please contact RepDefender using either the contact form or email address provided on Our website. If Services are terminated by You before expiry of the term agreed upon, no refunds will be given for payments or deposits made for those Services. You accept that We may have already provisioned or successfully completed Services, that You are still required to pay for.

Circumstances where Refunds may be granted:

1. Our Services are substantially unfit for their common purpose, and can’t be fixed within a reasonable time.
2. There was an undisclosed factor that would have influenced Your decision to solicit Our Services if You had known about it.
3. Our Services do not meet the terms agreed when initially engaging Us and We cannot easily rectify the problem within a reasonable time.
4. Our Services create an unsafe situation as assessed at Our sole discretion.

Circumstances where Refunds will not be granted:

1. You change Your mind about engaging Our Services.
2. Minor problems have arisen.
3. You have caused periods of delay.
4. You have engaged Review Removal Services from third-parties or decided to attempt Review Removal Yourself.
5. A Chosen Review is removed within the term of this Agreement by Us or anyone else.

Guarantee

You acknowledge that the delivery of Our Review Removal Services is subject to Our efforts, and as such, You agree to the following:

1. You agree that the Review Removal services provided by Us includes the attempted removal of the Chosen Reviews from the Platform/s.
2. You are liable for payment of successful removals of the Chosen Reviews.
3. You agree that We are not responsible if the Chosen Review specified in the agreement is displayed on another website, host or platform within or outside of the agreed upon term.
4. We may require a deposit to be paid before commencing Review Removal services. We agree to notify You of successful removals before charging the final amount. We agree that deposits will be refunded in the case that We cannot remove any Chosen Reviews within the agreed upon term. In absence of agreement otherwise, the term will be 60 days from the date of deposit or signing of the agreement which ever occurs first. In all other instances, refund requests will be managed in accordance with Our Refund policy.
5. You authorise Us to communicate on Your behalf with the Platform/s responsible for displaying the Chosen Reviews.
6. No refunds will be given for payments or deposits if You terminate Our Services before the end of the agreed upon term. You understand that We may have already made attempts to remove some or all of Your Chosen Reviews. You are still liable to pay the outstanding balance if these Reviews are successfully removed.
7. You understand that We cannot guarantee that any Chosen Reviews will be removed. We only charge the final agreed price for Reviews that we have successfully removed.
8. We will not contact the author/s of Chosen Reviews. We only communicate with the Platforms regarding the removal of the Chosen Reviews. However, You understand that from the Platform may at their sole discretion notify the author of the Review as a result of Our Review Removal efforts, and We have no control over this.
9. You agree that We may require information from You in order to successfully remove a Review. If Review Removal is delayed due to unreasonably slow or inadequate information from You, the guaranteed term for Review Removal may be increased.
10. You agree that We are not responsible if the author or hosting Platform of the Chosen Review edits and re-posts the Review after the original Review was successfully removed.
11. You agree that if a Chosen Review is removed within the agreed upon term, that We were solely responsible for its removal and the final costs for the removal of that Review will be paid.

Other Terms

Laws & Regulations Jurisdiction

Any agreement to engage Our Services is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of Queensland, Australia. If any dispute arises between You and Us, both parties irrevocably submit to the jurisdiction of the courts of the State of Queensland, Australia.

Authority

You warrant to Us that You have the capacity and authority to enter into this Agreement with Us.

Liability

No liability whatsoever (unless provided by law) will be accepted by Us for any damages or losses arising from or as a result of the provision of Services to You.

Legal Advice

You agree that any advice provided by Us is not legal advice, and is not intended to substitute legal advice and should not be relied upon as legal advice.

Invalid Agreement

If any item of this Agreement is deemed invalid under Australian law, the validity of the entire Agreement shall not be affected. Any remaining items will remain enforced.

Modification to Agreement

This Agreement may not be modified, amended, or otherwise altered by You unless agreed to in writing by Us. We may without notice, change these Terms at any time by altering this web page. By engaging Us, You agree to be bound by the most recent version of the Terms. Therefore, please revisit this web page regularly for any changes to the Terms & Conditions.

Intellectual Property

All intellectual property rights, including designs, artworks, software and materials, provided to You in the course of Services provided by Us, and any other intellectual property created in the course of services provided by Us, shall remain Our property.

Employee Protection

You shall not offer any employment or contractual work to Our staff whilst using Our services, or within 12 months of ceasing Our services.