Terms & Conditions
1. Your relationship with BrandData
1.1 Your use of Brand Data’s products, software, services and web sites (referred to collectively as the “Service(s)”) is subject to the terms of a legal agreement between you and Brand Data contained in this document and/or any another document expressly referred to herein the “Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by (A) clicking to accept or agree to the Terms, where this option is made available to you by Brand Data in the user interface for any Service; or (B) by payment for the Services; or (C) by actually using the Services. In this case, you understand and agree that Brand Data will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (A) you are not of legal age to form a binding contract with Brand Data; or (B) when contracting on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or (C) you are a person or entity barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
2.4 The Services are provided by Brand Data for consideration. The up-to-date prices applicable to your use of the Services are published on the Services website http://www.branddata.com for configurations of the Services eligible for online purchase and by using the Services at a particular moment you agree to the prices published as of that moment.
2.5 You can pay for the Services by any means as published, from time to time, on the Services website. Alternatively, you can contact us to agree on other methods of payment (invoicing). If you sign up for the Services online in the user interface for the Service, you agree that you will be charged periodically by Brand Data pursuant to the payment conditions specified at checkout. You expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription. From time to time Brand Data may offer free trial periods or promotions, details of which will be available on Brand Data’s website.
3. Changes to the Terms
3.1 Brand Data may make changes to the Terms from time to time. When these changes are made, Brand Data will make a new copy of the Terms available to you from within, or through, the affected Services.
3.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Brand Data will treat your use as acceptance of the updated Terms
4. Provisions of the Service by BrandData
4.1 Brand Data may have subsidiaries and affiliated legal entities in Australia or in other countries (“Subsidiaries and Affiliates”). Sometimes, these companies may be providing the Services to you on behalf of Brand Data itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. Where Services are provided by Brand Data’ Subsidiaries or Affiliates, Brand Data will remain ultimately responsible for the provision of Services hereunder.
4.2 Brand Data is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Brand Data provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Brand Data may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Brand Data' sole discretion, without prior notice to you.
4.4 You acknowledge and agree that if Brand Data disables access to your account for non-payment or other material breach of the Terms, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5. Use of services by you
5.1 In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Brand Data will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (A) the Terms; and (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia, the EU, the United States or other relevant countries); and (C) any other applicable rules (including, without limitation, the Facebook rules).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Brand Data, unless you have been specifically allowed to do so in a separate agreement with Brand Data.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Brand Data, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6. You agree that you will not engage in any activity that may amount to the misuse of our Services that seeks to circumvent the Services’ terms. For example, if Brand Data provides you with any portion of a Service for free (as part of a trial, pilot or otherwise), you may not engage in data mining or other excessive use of the Service, beyond what is permitted by the free Service (and as advertised for that free Service at the time of the relevant promotion). Brand Data reserves the right to limit the customer’s activity on any of its free Services for any reason and without notice.
5.7 You agree that you are solely responsible for (and that Brand Data have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Brand Data may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will ensure that only you (or other permitted Users within your organisation) access the Services and that you do not provide unauthorised access to the Services to parties other than yourself.
6.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Brand Data immediately at [email protected] on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.