1.7.15
Terms & Conditions
www.hellosocial.com.au and all associated pages, websites and sub-domains (“Site”) and the services we offer on the Site (“Service”) are operated and supplied by Hello Social (ABN 15 154 664 052) of Suite 1202, 66 King St, Sydney, NSW 2000, Australia and (“you” or the “Client”)
Membership of the Service is conditional upon acceptance and compliance with these terms and conditions (“TOS”). The TOS must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the Site governing use of the Site.
You should check the TOS periodically for changes, as we reserve the right to modify them at any time. Amendments will become effective immediately upon notification on the Site. The date of the current version of the TOS is noted above. Your use of the Site following any modifications to the TOS will represent an agreement by you to be bound by the TOS as amended.
By accessing the Site and registering for the Service by completing your details in the manner described on the Hello Social Registration Screen, you agree to abide and be bound by the TOS. If you do not agree to the TOS, which includes our Privacy
Policy, you must immediately terminate your account by following the instructions provided on the Site and otherwise refrain from using this Site.
We process personal information that you provide to us only in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Hello Social reserves the right to modify the Site and withdraw the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Social Soup will not be liable to any person if for any reason the Site is unavailable at any time or for any period.
Hello Social uses a “single opt-in system” once you have provided us with your email your Hello Social account is active.
You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of the TOS and that they comply with them accordingly.
The Service (or the Hello Social member program) is operated as a survey panel and permission marketing database for individuals (“Members”) who have opinions and want to share them.
Members must agree to accept survey invitations by email. In addition, Members may elect to receive email offers for exclusive access to gifts and giving their opinion in relation to goods and services offered by third parties. Rewards and prizes will be in favour of the relevant Member and will be delivered to the address specified in their account profile. Prizes are not transferable to any other person.
Hello Social also reserves the right to communicate with Members from time to time for other reasons and for no reward, including system updates; bulletins; administrative announcements; and special requests. Such notices may be sent via email, SMS, or regular mail.
As a condition of membership Members hereby represent and warrant that:
Hello Social reserves the right to reject any new Member application from any person with or without cause in its sole discretion. Hello Social reserves the right to terminate a Member’s account if the Member provides false or misleading membership information at any time or otherwise is considered to be a breach of the TOS at any time.
As part of the Site and the Service, Members may be presented with promotions, gifts, and testing ads from our clients (“Third Party Promotions”). All Third Party Promotions are paid for or authorised by the advertiser and do not represent an endorsement or recommendation by Hello Social or its affiliates, or their directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the relevant Member and the advertiser or other third party. Members hereby agree that Hello Social will not be held responsible or liable for any part of any such dealings.
Hello Social may provide links to third parties’ websites (“Linked Sites”). Those links are provided for convenience only and may not remain current or be maintained. Unless otherwise notified on the Site, Linked Sites are not reviewed, controlled or examined by Hello Social in any way. Hello Social is not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.
Except as otherwise explicitly stated on the Site, Hello Social’s link with Linked Sites does not imply Hello Social’s endorsement of, or association with, the Linked Sites. It is the Member’s sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.
In no event shall Hello Social be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through the Linked Sites. Members should direct any concerns to the relevant Linked Site’s administrator or Webmaster. Hello Social reserves the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
You will of course appreciate that Hello Social cannot accept responsibility for a number of matters relating to this Site and the Service because – like the conduct of other Members – they are outside of Hello Social’s reasonable control.
All information provided by Hello Social on the Site is provided in good faith. You accept that any information provided by Hello Social is general information and is not in the nature of advice. Hello Social derives its information from sources which Hello Social believes to be accurate and up to date as at the date of publication and Hello Social reserves the right to update this information at any time.
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use throughout the Site, the products and services advertised on the Site, offered to be supplied or supplied via the Site and the information provided on the Site are excluded. In particular, to the extent permitted by law, Hello Social excludes any warranty that the Site will be uninterrupted or error-free; that defects will be corrected; that the Site, or the server that makes it available, are free of viruses or other harmful components; that the use or results of the use of the Service, or that the materials made available as part of the Site, will be correct, accurate, timely or otherwise reliable.
If a term is implied by law into the TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the TOS. However, where it is reasonable for Hello Social to do so, Hello Social’s liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation 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 acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Hello Social hereby expressly excludes for its own benefit and for the benefit of its clients:
This does not affect Hello Social’s or any client’s liability for death or personal injury arising from its or their negligence, or liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Hello Social shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the Site or to any person who has supplied false or misleading personal information.
Members hereby agree to indemnify Hello Social, its related bodies corporate and clients, their officers and employees, from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; their use of the Service or by someone using the Member’s username and password (whether or not authorised by the Member); their inability to use the Site; or a breach of the TOS either by the Member or by any person using the Member’s username and password (whether or not authorised by the Member).
Members may terminate their membership with Hello Social at any time by using the facility provided on the Site. If a Member’s email address becomes invalid or unusable Hello Social will suspend that Member’s account for a period of 30 days from the time we become aware of the problem. During the period of suspension, the Member will be able to access their account to update the Member’s email address. Other than a notification on the Site, Hello Social will not be responsible for notifying Members that their account has been suspended.
Hello Social reserves the right to terminate a Membership without notice or cause, at its sole discretion or for any reason, including if:
If Hello Social terminates a Member’s membership, that Member’s access to the Site and the Service will also cease. Once a Member’s membership has been terminated by Hello Social, that former Member will be ineligible to re-enrol at any future date.
Members must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Members must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. Members must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. If a Member engages in such conduct, their right to use the Site will cease immediately.
Members will report any such conduct to the relevant law enforcement authorities and Members hereby agree to co-operate with those authorities by disclosing their identity to them and providing all reasonable assistance in relation to the inquiries of such authorities.
Hello Social will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Member’s computer equipment, computer programs, data or other proprietary material due to use of the Site or to a Member downloading of any material posted on it, or on any website linked to the Site.
Generally, any word or device to which is attached the TM or ® symbol is a trade mark, which are owned either by us or a third party, including a client. For example, the name “Hello Social” and hellosocial.com.au are trademarks
of Hello Social.
If you use any of Hello Social’s trade marks in reference to Hello Social’s activities, products or services, you must include a statement attributing that trade mark to Hello Social. You must not use any of Hello Social’s
trademarks:
You must seek permission to use third party trade mark directly from the owner of those trademarks.
Members acknowledge and agree that the Service and the Site contain or incorporate proprietary and confidential information that is protected by applicable intellectual property and other laws. Members may make a copy of the content for their own personal, non-commercial use only, provided that they keep all copyright and other proprietary notices intact. However, Members must, on notice by Hello Social, return or destroy any such copies made.
Members must not post or transmit any material on the Site or Service in which the copyright is owned by another person or entity without appropriate permission from that person or entity. Otherwise, Members therefore warrant that all material submitted to the Site or as part of the Service is that Member’s original work.
Members acknowledge that any information or material submitted by them to the Site or as part of the Service, including any discussion forum or on any third party website linked to their account, is and will be treated by Hello Social as non-confidential and non-proprietary and Hello Social may use such material without restriction (including passing that material on to our clients for their use without restriction, including publishing on their own sites and in other media) or payment.
When a Member posts or transmits material on the Site or the Service, that Member assigns all copyright which subsists in such material to Hello Social, which Hello Social may then assign to a third party, including a client. To the extent necessary, Members consent to any acts by Hello Social or Hello Social’s licensees or assignees that may infringe that Member’s moral rights in the material that the Member creates (for example, Hello Social may not always be able to identify the Member as the author of the material that they create and submit to the Site).
Members further acknowledge and agree that content contained in sponsorship, advertisements or information presented to Members through the Service or by advertisers may be protected by copyright, trade mark, patent or other proprietary rights and laws. Except as expressly authorised by Hello Social, Members agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site, in whole or in part.
The TOS are governed by the laws in force in New South Wales, Australia.
You accept that any disputes about the Service, the Site or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
This Site may be accessed throughout Australia and overseas. Hello Social makes no representation that the content of this Site, or the Service, complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
Hello Social accepts no liability for any failure to comply with these TOS where such failure is due to circumstances beyond Hello Social’s reasonable control.
You must do all things, including sign such documents, as may be required to assure Hello Social’s rights, and those rights of any third party beneficiary, under these TOS.
If SOUP waives any rights available to us under these TOS on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these TOS are held to be invalid, unenforceable or illegal for any reason, the remaining provisions of the TOS will nevertheless continue in full force.
If Members have any concerns about material which appear on the Site, please send an email to influencer@hellosocial.com.au.