TERMS OF SEVICE

About Us

We are My Media Intelligence Pty Ltd (MyMedia), a company registered in the Australia, Level 3, 28 Ord Street, West Perth 6005, Australian Business Number (ABN) 47 145 478 860, and we operate the https://www.my-media.com.au (the “Website”) where we provide various online monitoring services (“Services”). Whenever you access our Website or purchase our Services, these Terms apply. It is very important for both MyMedia and you that you read them carefully and understand them fully as they set out what we expect from each other. If you still need some help or clarification after you have read them, do not hesitate to get in touch with us – we always love to hear from you!

Acceptance Of Terms

These Terms are the legally binding terms and conditions; they describe your rights and responsibilities and state the terms and conditions under which you may use this Website and purchase our Services. Also, these Terms supersede all previous communications, representations or agreements, either oral or written, between you and us with respect to this subject matter.

By accessing the Website (whether you create or utilize an account on the Website or not) and by using our Services, you agree that you have read, understood and agree to be bound by all of these Terms. If you do not agree to the Terms, unfortunately you are not allowed to use the Website or any Service that we could provide to you.

We reserve the right to amend these Terms at any time in order to keep them updated. We will notify you at least 30 (thirty) days before such changes apply so you can have an overview of any changes we make. Of course, your use of the Website and/or Services after we amend these Terms indicates you agree to the changes.

Finally, violation of any of the Terms will result in the suspension or termination of your account without a right to any refund if you have subscribed to any of the Services. Before you continue, you should print out or save a local copy of the Terms and Conditions for your record.

Services

MyMedia is a web service that gathers information from millions of internet sources, local press and broadcast sources and notifies you whenever your company, your competitors or your industry are being talked about. You can use MyMedia to know immediately when you are mentioned anywhere online, create detailed reports, measure your online media activities and discover meaningful insights behind every mention.

Account requirements

To use our Website and/or Services you must be at least 18 years old. If you are under the age of 18, you need to obtain parental permission to use our Services.

In order to use certain features of the Service, you must register for an account (“Account”) with a valid e-mail and provide certain information about yourself as prompted by the account registration form.

During or after the registration for an Account, you may choose to use a third-party authentication system to create the Account and in this case, you have to agree to a third- party statement of rights and responsibilities. Also, if you do so, you authorize us to access and use certain account information from the authorized third-party authenticator. For more information about how we collect information from you, and how we use it, read our Privacy Policy here.

When registering for the Service you represent and warrant that: (a) all required registration information you submit is truthful, accurate and complete; (b) you will maintain the accuracy of such information; and (c) when registering on behalf of the entity that you represent, you also represent and warrant that you have the right, authority, and capacity to enter into these Terms.

You are responsible for maintaining the confidentiality of your Account and are fully responsible for all activities that may occur under your Account. You are obliged to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. MyMedia will not be liable for any loss or damage arising from your failure to comply with the above requirements.

User Content

User Content means any kind of information and content that you submit to us, the information and content you input while you use the Services, as well as all the information you collect as a result of using our Services.

Contractual Term

When you register your Account and provide your payment details, you should receive an acknowledgement e-mail confirming your registration. Then, our contract is made based on these Terms and you are granted access to the Services to the extent of your choosing.

We offer the purchase of our Services through subscriptions (“subscription”). The subscription period lasts for 12 (twelve) months and it is calculated from date to date, starting from the date we start charging you for our Services (“subscription period”) in accordance with your purchase.

The subscription to our Services shall be automatically renewed for 12 (twelve) successive months with the same billing method unless you cancel the subscription, which has to be announced no later than 15 (fifteen) days before the expiration of the subscription period.

All the above-mentioned points are provided to you when signing up for the Service, so please have them in mind and pay attention to the duration of your subscription so you could act on time and cancel it.

Payment

Purchasing of our Services shall be done through a subscription process by which you agree to subscribe to our Services and undertake to pay a fee in exchange for our Services.

Depending on the payment method of choice and the Service purchased, our Services are billed during the subscription period monthly or yearly in arrears. The Services can be paid for by credit card or such other payment method available on the Website.

If you are paying by credit card on a monthly basis, you authorize us to recurrently charge your credit card or bank account for all fees payable during the subscription period without further consent from you, as long as your subscription period lasts. You further authorize us to use a third-party to process payments, and consent to the disclosure of your payment information to such third-party. Once the subscription fee has been billed, we will send you the invoice to the e-mail address you used for the registration to our Services.

If you are paying by invoice, we will invoice you no more than 7 (seven) days after the end of the billing period, and other times during the subscription period when fees are payable. All amounts invoiced are due and payable within 14 (fourteen) days from the date of the invoice, unless otherwise specified.

If the price is determined in AUD and the payment method used for the payment is based on local currency, the applicable exchange rate will be determined by your bank (or by your chosen payment provider).

Finally, if any tax or charge (i.e. state or local privilege, excise, sales, VAT, use taxes, levies or duties of any nature) applicable to our Services is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge.

If we offer subscriptions to our Services at special discounted prices, have in mind that such special discounted prices will be applied for a limited time only, and upon expiration of such period, the regular price will apply.

If we offer a free trial period of our Services for limited time only, we may suspend, limit, or terminate such Services for any reason at any time without notice.

We reserve the right to change the pricing of our Services at any time. If this occurs, we will inform you about this at least 30 (thirty) days before the new prices take effect via e-mail. Also, if the price changes, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the subscription period in which the change occurs.

When you decide to purchase our Services, MyMedia will ask you for certain information relevant to your purchase needed for our contractual relationship based on our Terms. Such information, depending on the payment method of choice and the Service purchased, may include: your name and surname, company billing name if applicable, e-mail, your billing address or company billing address if applicable, GST number of the company if applicable, credit card number, credit/debit card number CVV/CCV code and credit/debit card expiration date, cardholder name etc. Please have in mind that by providing such information you represent and warrant that you have the legal right to use the chosen payment method and that all the information you supply to us is true, correct and complete.

Our Privacy Policy sets out how we will use the information you supply to us and it is part of these Terms. So, please do find more about our Privacy policy here.

Failure to Pay

We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to our Services and we reserve the right to immediately lock your Account, including, without limitation, any User Content.

Any payment not received by the due date may accrue late fees at the rate of 1% of the outstanding balance per annum, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

If your Account is suspended for non-payment, we may charge a re-activation fee or to reinstate your Account and subscription.

Termination of contract and refunds, compensation policy

The subscription period will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using our Services during your subscription period.

To prevent renewal of your subscription, you must give written notice of non-renewal and this written notice must be received no less than 15 (fifteen) days in advance of the end of the subscription period. You may send the notice of non-renewal through your Account.

Otherwise, if you fail to send the notice of non-renewal at least 15 (fifteen) days before the end of the subscription period, your subscription will be automatically renewed for the successive 12 (twelve) months as explained in paragraph “Contractual Term” and you will be charged for the next subscription period fully.

Either party may terminate this contract for cause, as to any or all Services: (i) upon 30 (thirty) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. We may also terminate this contract for cause on 30 (thirty) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Contract may not otherwise be terminated prior to the end of the subscription period.

All requests for refunds and compensations must be received by email or phone within 5 business days of the incident in question. The amount of refund or compensation cannot exceed the monthly recurring charge. Please bear in mind that once MyMedia started to provide you with the Service, MyMedia is not obliged to provide refunds or compensation.

Upon any expiration or termination of our Contract, your right to use the Services shall cease, and MyMedia shall have no further obligation to make the Services available to you. Also, MyMedia will have no obligation to maintain or provide any User data or other content to you, and will thereafter delete or destroy all copies of User data in its systems or otherwise in its possession or control or as MyMedia routinely does such deletions and destructions in the ordinary course of its business, unless legally prohibited from doing so.

Disclaimer and Limitation of liability

We try to make our Services available 24 hours a day, 7 days a week, except for planned down-time maintenance.

The materials on the Website are provided "as is". MyMedia makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, MyMedia does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content on its website or otherwise relating to such content or on any sites linked to this site.

MyMedia will not be liable for any special or consequential damages that result from the use of, or the inability to use, the Services and products offered on this site, or the performance of the Services.

Additionally, the information provided on this Website or through Services is not intended for distribution to or usage by any person or entity in any country where such distribution or usage is or could be contrary to law or regulation of such country.

Acceptable Usage of the Website and the Services

We will do our best to provide you with our Services according to these Terms, our Services’ description and according to your reasonable expectation, but please bear in mind that our Services may be used only within the agreed-upon scope of the Services and any usage outside of such scope is strictly prohibited.

Therefore, you are not allowed to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, host, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this Terms; (b) use the Service to process data on behalf of any third party, (c) use the Service for any unlawful or unsuitable purpose, (d) modify, copy or create derivative works based on the Services (e) disassemble, reverse engineer or decompile the Services or (f) otherwise use the Service in contravention of copyright laws, other laws, or these Terms.

Restriction on use

We take the security and content of our Website and Services very seriously, so we must warn you that you are not allowed to print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our Website or through our Services, for other than your personal usage. ​​If you download or otherwise obtain material from the Website, note that this is done at your own discretion and risk.

This means you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

Bear in mind that you may not misuse or tamper with our Website or Services, which includes, but is not limited to: hacking, introducing viruses, Trojans, worms, screen scraping or taking any other action which can harm our technology or any functionality of our Website, Service, including stealing of our data.

Without limiting the generality of the foregoing, you may not include our content in or with any product or service that you create or distribute, as well as reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Website, use of the Website, or access to the Website.

In case there is a breach of any of the terms herein, we will take necessary actions in order to report any such breach or activity and people carrying it out to the relevant law enforcement authorities.

Privacy statement and Confidentiality

We are committed to protecting your privacy. Authorized employees within our company only use any information collected from individual clients for the purpose of fulfilling the obligations under our contractual relationship.

All information we directly or indirectly gain on each other through providing our Services will be kept as confidential and as such, without explicit previous written consent of the other party, cannot be forwarded to any third persons or used in any other way to achieve an advantage in the market competition.

We constantly review our systems and data to ensure the best possible service to our customers. For more information about how we collect information from you, and how we use it, read our Privacy Policy here.

Force majeure

Neither party shall be considered liable for any failings or delays in the performance of their obligations under the terms of these Terms if these failings or delays result from a case of force majeure. The term ‘force majeure’, unless otherwise stipulated by law, refers to all events normally recognized as such including but not limited to: interruptions to or problems with the Internet or networks, telecommunications, power supplies or any other infrastructure, fire, flood, explosion, strike, war, epidemic, pandemic, quarantine, insurrection, embargo, government requirement, act of civil or military authority, changes in regulations by the authorities or errors and delays with the services provided by subcontractors due to these circumstances or any similar event, occurrence or condition which is not caused, in whole or in part, by that party, and which is beyond the reasonable control of that party.

The Parties shall take all reasonable action to minimize the effects of a Force Majeure event.

If a Force Majeure Event prevents or delays the performance of a Party for thirty (30) days, the other Party shall thereafter have the right to terminate each affected Project upon prior written notice at any time before such performance resumes.

Intellectual Property

We own or have permission to use the intellectual property rights on the Website and of our Services. These rights are protected around the world and all such rights are reserved.

We are very flattered if you are interested in creating hypertext links to this Website, as long as you do so in a way that is not commercial, is fair and legal and does not damage our reputation. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Website or us, including its respective employees, agents, directors, officers and shareholders.

All trademarks that appear on the Website and Services are our exclusive property. The trademarks, trade names, trade dress and associated products and services represented on this Website are protected under international law and you are also not allowed to use our logo or any trademark (or any marks which are colourably similar) without our written and express permission. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Website by any person may be a violation of applicable trademark and/or copyright laws.

Any third party trademarks mentioned on this Website that are not ours are the trademarks of their respective owners. The display of these trademarks or trade names on this Website does not convey or create any license or other rights to these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

Using the Services implies a non-exclusive, non-transferable and limited licence of the Services’ software solely for your own use and under no circumstances does the use of Services represent a transfer or assignment of these intellectual property rights.

Modification

In order to reflect changes to our Services, products, our users’ needs and/or business needs and priorities, we reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. By accepting these Terms, you agree that MyMedia will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

Third-party services

This Website may provide links or references to other Third-party websites. When visiting such Third-party websites, please do have in mind that use of such Third-party websites shall be governed solely by the terms of use and privacy policies of such Third-party websites (including, but not limited to, the YouTube Terms of Service located at https://www.youtube.com/t/terms; the Google Terms of Use located at https://developers.google.com/youtube/terms/developer-policies#a.-api-client-terms-of-use-and-privacy-policies; https://policies.google.com/privacy; the Facebook Terms of Service located at https://www.facebook.com/terms.php; the Twitter Terms of Service located at https://twitter.com/en/tos; the Instagram Terms of Use located at https://help.instagram.com/581066165581870) and that you shall comply with all such terms and policies.

In accordance with that, we are not responsible in any way for the content or practices of the Third-party websites that may be linked to this Website and make no representation or warranty regarding such websites or their content. Exclusion of our liability includes, without limitation, the content of such websites, goods or services provided by such websites, advertisement, payment and delivery of related goods or services, warranties or representations associated with such websites, responsibility or liability for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third-parties on the Website etc.

This Website may also be linked to other websites operated by companies affiliated or connected with us. When visiting such websites, however, you should for your own safety refer to each such website’s individual terms and policies and not rely on these Terms.

The availability of the Third-party websites is under no circumstances under MyMedia’s control, therefore, MyMedia does not control nor is responsible for the Third-party websites used for the monitoring of keywords, mentions, and profiles. Such Third-party websites are provided to you only as a convenience, therefore, MyMedia will not and cannot be in any way responsible or held liable if the availability of said websites and/or their terms and policies change in a way that further tracking and monitoring is prevented.

If the Third-party website stops being available for online monitoring, MyMedia will stop providing Services in connection to such a Third-party website without any liability to you. As our Customer, you waive any claim against MyMedia with respect to such unavailability of the Third-party websites.

Additionally, in the case of the Third-party websites’ unavailability, you are not authorized to terminate this Contract nor are you entitled to a reduction or the compensation of our fees.

Disputes and Complaints

If you are not, for any reason, satisfied with our Website or Services, if you have any questions or concerns regarding these Terms, disputes or complaints, please contact us via e-mail at admin@my-media.com.au.

We suggest that we first try to resolve all disputes and complaints arising out of these Terms in a peaceful manner. If that is not possible, please note that these Terms and our relationship are subject to Australian law and exclusive jurisdiction of the Australian courts. So, in case of any dispute arising from these Terms including our dealings with you, it shall be governed by the laws of Australia, without regard to conflicts of law provisions.

We reserve the right, at all times, to disclose information as necessary to satisfy any law, regulation, legal process or governmental request.

Notification of changes

These Terms and Conditions are effective as of September 8th, 2021. We reserve the right to change these Terms and Conditions at any time without notifying you. You agree that it is your responsibility to review these Terms and Conditions and to familiarize yourself with any changes and modifications.

Also, we may update or change the Website from time to time to reflect changes to our Services, our users’ needs and/or business needs and priorities.

Your continued use of this Website or any Services after modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Terms. You can review the most current version of the Terms at any time.

Miscellaneous

1. For any waiver of any provision herein it is necessary that they are in writing and signed by an authorized representative of both you and us. In case we do not insist upon or enforce strict performance of any provision of these Terms or any right that shall not be construed as a waiver of any such provision or right.

2. If any provision of these Terms is determined to be invalid or unenforceable by a court, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The rest of the remaining provisions will remain in effect.

3. When you contact us or register for membership on the site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.

4. Any communications sent to you via this Website or otherwise (including, without limitation, in the form of newsletters, electronic mail, Intercom chat or via telephone), and the contents of this Website (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard.

This document was last updated on 8th Sep 2021.