1. Introduction
Hearsay Terms of Use
1.1
These Hearsay Terms of Use (Terms) set out the terms and conditions on
which Hearsay Platform Pty Ltd (ACN 633 820 774) (“Hearsay” “us” “we” “our”)
will provides access and use of its platform through the website https://app.hearsay.io/,
the Hearsay application and its sub-domains (the Platform).
1.2
Access and use of the Platform is conditional on You agreeing to be
bound by these Terms found at www.hearsay.io/terms-of-use and the Hearsay
Privacy Policy found at www.hearsay.io/privacy. If You do not agree to these
Terms or the Privacy Policy, You are unable to access
and use the Platform.
1.3
Hearsay can update or change these Terms at any time and will try to
give You 30 days’ notice prior to the updated or new terms taking effect.
1.4
In these Terms:
(a) Clients means the
client, interviewer or project team that has engaged Hearsay to facilitate the
project through the Platform;
(b) Interviewing
Participant means the customer, the employee or interviewee that the Client has
customers conversations with for the Project;
(c) You means the Client or the Interviewing Participant or a user
accessing the Platform for any reason.
2. Account
Registration & Access to the Platform
2.1
You must be over the age of eighteen (18) years of age to register an
account or use the Platform. By agreeing to these Terms, You
warrant that You over the age of eighteen (18) years.
2.2
If You are accessing and using the Platform on behalf of someone else, You represent that You have the authority to bind that
person as principal to these Terms.
2.3
Clients are required to register for a Hearsay account (Account). To
create an Account, You may provide us with information
that will personally identify You. See our Privacy Policy for more information.
2.4
Clients agree to provide accurate, complete and up to date information
on its Account that is not false or misleading.
2.5
Clients can only create one Account. Hearsay may cancel multiple
Accounts that are for the same Client.
2.6
Clients are responsible for safeguarding the confidentiality of its
Account, including the username and password. Clients agree to not disclose its
Account details to any third party. Hearsay are not
responsible for any unauthorised access, use or transactions made through a
Clients’ Account.
2.7
Clients must notify Hearsay in writing immediately if it becomes aware
of a breach of security or unauthorised use of its Account.
2.8
At all times, Hearsay retains the right to decline a Client
or cancel an Account.
2.9
Interviewing Participants may be emailed or SMS a link to access the
Platform. Interviewing Participants must read and agree to these Terms and the
Privacy Policy before accessing the Platform.
2.10 By uploading
information to your Account, including images, business information, brand
information content, You are granting Hearsay a
royalty-free, perpetual, non-exclusive, worldwide license to use, copy,
transmit, and distribute, or display the information, in whole or in part on
our Platform for the purposes providing the Project (as defined below).
2.11 Hearsay
communicates with Clients and Interviewing Participants using email or SMS. By
agreeing to these Terms, You agree to receive emails
and SMS from us from time to time which may include notifications about
Projects, administrative notices, newsletters and updates about our Platform.
3. Products
& Payment Terms
3.1
Hearsay facilitates meaningful conversations between Clients and
Interviewing Participants to unpack insights that businesses and their brands
can use to improve their customers’ experience by implementing the Hearsay
process depending on the plan the Client selects including:
(a) project set up
(b) customer recruitment and scheduling
(c) building investigation team
(d) conversation guide finalisation
(e) conversing face to face through the app or online via the web portal
(f) tagging of significant moments
(g) transcription of conversations
(h) inputting of WOW moments and adding in notes and pictures; and
(i) developing a summary report when a minimum of 10 conversations between
the Client and Interviewing Participant has been conducted (Product Features).
3.2
The Client acknowledges the product fees may vary according to the
Product Features selected by the Client on the Platform (Product Fees)
3.3
The Client agrees to pay the Product Fee for the Product Features.
3.4
Hearsay will issue the Client with an invoice containing the Product Fee
and the Client agrees to pay the invoice in accordance with its terms.
3.5
Conversation tokens are valid from the date of purchase for the
following periods:
(a) 3 months for a start-up or student user;
(b) 6 months for a project or bulk-buy user; and
(c) 12 months for a
subscription user.
3.6
The Product Fee is a taxable supply and is subject to GST. The Client
agrees to pay GST of 10% in addition to the Project Fee.
3.7
You agree that Hearsay may change the Product Fee by notice to you
at any time.
4. Accessibility
& Inaccuracies
4.1
Our Platform is provided on ‘as is’ and ‘as available’ basis. Whilst we
try our best to make sure our Platform is functional and up to date, Hearsay
may undertake maintenance of the Platform from time to time and during that
maintenance, some or all of the functionality may be
compromised or unavailable.
4.2
We try our best to make sure that all content, information and Projects
are up to date and accurate, however Hearsay does not guarantee the accuracy or
completeness of any information contained on the Platform.
4.3
You agree that Hearsay can change or update information on the Platform
at any time to correct errors or inaccuracies without notice.
4.4
Hearsay does not warrant or guarantee that:
(a) the Platform will be uninterrupted or available at all times (b) any errors or
inaccuracies will be corrected
(b) the Platform is free
of viruses.
5. Intellectual
Property
5.1
You agree that everything displayed on
the Platform, including without limitation, content, images, design features,
audio files, processes, approach, customer conversations, lay out, information,
Projects, trademarks, copy writing, and the Platform are the intellectual
property of Hearsay or property that we have the right to use (including by
virtue of these terms) (Hearsay Intellectual Property).
5.2
The Hearsay Intellectual Property is protected by copyright, trademark
and other intellectual property laws. You may not use the Hearsay Intellectual
Property for any other purpose other than to use and access the Platform in
accordance with these Terms.
5.3
Hearsay acknowledges and agrees that the Hearsay Intellectual Property
comprises data that has come into its possession by virtue of Your use of this
Platform (Source Data). The
collection, aggregation and analysis of the Source Data is fundamental to Your
use of the Platform. This Source Data in
its original and processed form, remains owned by You and You agree to provide
Hearsay with an unrestricted, perpetual, royalty free, non-exclusive licence to
use the Source Data.
5.4
Hearsay agrees to deidentify and anonymise the Source Data prior to any
use beyond the scope of Your use of the Platform.
5.5
You acknowledge that if You copy, imitate, reproduce, reverse engineer,
sell, retransmit, distribute, publish or exploit any Hearsay Intellectual
Property, You will be in breach of these Terms and
Hearsay will suffer loss and damage.
6. Download
Recordings
Informed consent must be obtained from interview participants before
allowing others to observe photos or video-recordings. Informed consent
involves telling participants to whom these materials will be disclosed and how
they will be used. The photos or video-recordings must only be used for the
specific purpose for which consent has been given.
7. Termination
7.1
If Hearsay suspect that You are or may be in breach of these Terms, we
can cancel or suspend Your Account immediately. We may contact You if we
suspect a breach.
7.2
If You want to cancel Your Account, You can do
so at any time by contacting Hearsay. You agree to pay to Hearsay the Product
Fee incurred for the Project, despite Your early termination.
8. Limitation
of Liability
8.1
To the maximum extent permitted by law, You
agree that Hearsay is not responsible for any injury, harm, loss or damage
suffered or caused directly or indirectly arising from the use or access of the
Platform. use the Platf
8.2
The Platform may contain links to other external service providers and
websites operated, controlled and produced by third parties. Hearsay does not
control, endorse, sponsor or approve of any third-party website or its content
and does not provide any warranty or take on any responsibility relating to
Your access and use of third-party websites. We advise You to check all
third-parties privacy policies and terms and conditions before using their
services and our Platform.
9. Indemnity
9.1
You agree to indemnify us from and against any and all
liabilities, costs, demand, causes of action, injuries, damages, claims and
expenses (including legal fees) arising out of, directly or indirectly, Your
breach of these Terms, Your use and access of the Platform, Your breach of any
of Hearsay’s Intellectual Property rights.
9.2
Subject to any law, such as the Australian Consumer Law, our maximum
liability to You will be limited to any Project Fee that You have paid Hearsay.
10.
Severability
If any clause/s in these Terms are
unenforceable or are invalid under any applicable law, such unenforceability or
invalidity does not make these Terms unenforceable or invalid
as a whole. Any unenforceable or invalid provisions can be deleted
without affecting the remaining provisions in these Terms.
11.
Jurisdiction
11.1 These terms are
governed by the laws of Victoria, Australia.
12.
Contact Hearsay
12.1 If You have any
questions about these Terms, please contact us by email @ lizzie@hearsay.io
Input your search keywords and press Enter.
Cookie | Duration | Description |
---|---|---|
cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |