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.
2.4 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.
2.10 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.
7.1 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.
9.1 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.
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.
11.1 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 @ email@example.com
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