Terms and Conditions
General terms: By completing our Application Form, Affiliate Application Form or any of our other Forms for either or all of Rebl Corp, Digital Rebl, Media Rebl, Business Rebl, Money Rebl and its Partners (“we”, “us”, “our”) agree to supply the CRM & Software (Software) and Service Package (Services) to you (“Customer”, “Business”, “you”, “your”) via access to the Rebl Connect platform in accordance with these Terms and Conditions.
Term: The Software and Services are provided to you for a Term that correlates with the Term of the Finance or leasing solution that you agree to and it commences from the date of signing or the date that finance is approved, whichever is the later. The finance arrangement may continue past the initial Term unless written notice is given by you to us and the Financing Partner in accordance with their Terms and Conditions. After that the Services can be renewed for successive Terms depending upon the Payment option you nominate and agree to with us and any Finance Provider. Any cancellation notified during a Term will only become effective as at the end of the Term and no refunds for any prepaid Fees or Charges will be made. Upon Termination any financing or leasing arrangements and obligations that you have in place and remaining with Financing Providers will continue and all contractual and other relationships between us and you will immediately cease and no further marketing fee payments will be made by us.
Payments: You agree to pay via automatic direct debit authority from your nominated bank account to the Financing Provider the Fees payable for the Software and Services you have selected at the agreed payment frequency until that arrangement ends or is terminated. In accordance with the Social Media Lease Media Rebl agrees to pay to your nominated bank account the marketing fee for the Term unless terminated. Upon Termination by us any financing or leasing arrangements, payments and obligations that the you have in place and remaining with the Finance Provider will continue unaffected and all contractual and other relationships between us will immediately cease and no refunds or further marketing fee payments will be made. We reserve the right to suspend access to the Software and Services and to withhold payment of the marketing fee if payment is not made by you to the Finance Provider. Should there be any arrears in payments for other Services you select from us you authorise us to debit the outstanding balance from your nominated account to bring the account up to date. Where any portion of the fees are outstanding we shall be entitled to forthwith suspend access to the Software and Services without prejudice to our right to enforce or seek payment of the overdue amount, but we shall upon payment by you of such unpaid overdue amount restore your access to the Software and Services. At any time, we are entitled to change the level of Fees payable for the Software and Services and we shall give you not less than 30days written notice of any change in the Fees payable.
Currency, Taxes and GST: Unless otherwise stated All prices are Australian currency and GST inclusive.
Business: You confirm that you are a business, that you will meet the Financing Partners requirements and that this arrangement is entered into with us and the Financing Provider as a business to business (B2B) transaction and that the Consumer Guarantees Act or equivalent consumer protection legislation doesn’t apply.
CRM, Software, Content and Information: Access to and use of the CRM and Software as updated by us from time to time is licensed, not sold, to You and for your use only. We reserve all rights not expressly granted to You. The license for access to and use of the CRM and Software is referred to as the Licensed Software. Content and Information utilised by us in the provision of the Services has been produced by our own resources and at times supplied freely and with consent from you and your suppliers, from the public domain, partners and third-party professionals, companies or other organisations. By providing us with your final approval you consent that we have your approval to publish the content and that we can use it for our own marketing and promotional purposes as per the terms of the Social Media Lease. By agreeing to provide us with access to or to set up your social media channels as per the Social Media Lease you consent for us to post suitable content to those channels.
Hardware: In some cases our Packages also contain Hardware such as computer server, telephone handset and the like that is supplied and serviced by third-party, independent providers. Whilst all care is made in the selection of the Hardware we do not warrant the acceptability and usability of it for your business.
Service Previews and Approvals: You acknowledge that upon us emailing you the link to the Preview for your Service that contains the proposed content and information that it is sent to you for approval or modification. If you do not reply to these Previews advising us of any changes by your Due Date, we shall finalise the content and then upload the content to Rebl Connect, your Client Area website. Furthermore, we shall make all reasonable attempts to contact you, but it is important that you advise us if you do not receive the Preview email that is sent out each month and if you require any changes to be made before your Due Date. In the event that you fail to respond to our emails, phone calls and SMS’s about supplying content or about Previews or Approvals for your custom video and the timeframe has passed then you are at risk of missing that month’s custom video production timeframe so we may create and upload a generic video that is suitable to your type of business. We shall make every effort to contact you to prompt you but if you fail to respond the you risk missing the custom video opportunity.
Your Contacts and Their Inferred Consent: Should you supply to us, a Partner or upload to the Rebl Connect Client Area platform any customer, client, lead or prospect data, it is your responsibility to add new contacts to your Contacts list and to advise us of any Contacts you would like removed from the list. In doing so you confirm and acknowledge that all names, data and email addresses you provide to us are business contacts of yours and you have each of the contacts Inferred consent as defined by the Spam Act 2003. We shall, as required by law, automatically remove any of your contacts who request that they be Unsubscribed from your list and by doing so they will no longer receive any content or information from us on your behalf.
Delivery Estimates: We make every effort practical to ensure that delivery time frames given are accurate. However, the delivery times stated for Services assume that any Services provided by a Partner is accurate and that delivery times are not adversely affected by unforeseen events. By signing our Forms, Applications or Agreements you agree not to hold us liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
Law: These Terms and Conditions are governed by and will be construed in accordance with the laws of Queensland, Australia and you submit to the jurisdiction of the courts of Queensland, Australia.
Disclaimer: We make certain content, information and material available to you as part of the Services, either through us, our partners, suppliers, and our associated entities or otherwise. You acknowledge that we do not offer any opinion with respect to the nature, potential value or suitability of any particular piece of content. Use of the content and information contained in the Service is at your own risk and we are not responsible for any adverse consequences arising out of such use. The material provided in the Services has not been prepared by taking into account the particular objectives, situation or needs of you or any individual user.
Limitation of Liability and Indemnity: Although reasonable care has been taken to ensure the facts stated about the Software and Services are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the information contained in the Software and Services to you or any other person. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Services and we shall not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits). You will take all necessary action to defend and indemnify us, our officers, employees, contractors and associated entities against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms and Conditions or the Privacy Statement. In the unlikely event that you suffer any loss or damage in connection with the use of this Services our aggregate liability to you and that of our employees, agents and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of this Services during each Term shall be limited to the amount that you have paid to us to use the Software and Services during that period. While care has been used in analysing the information, we give no warranty that the information supplied is free from error. We shall not be liable for any loss suffered through the use, directly or indirectly, of any information, content, product, or service provided.
Consequential Loss: In no circumstances are we, our employees, agents, contractors, partners and associated entities liable to you for accidental, indirect, special or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew or should have known of, the possibility of such loss or damage. We encourage you to exercise discretion while browsing the Internet using any of our Services. We are not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in the Software or Services.
Privacy and Cookies: Our Privacy and Cookies Policy is located on our website and you acknowledge you have read, understand and agree to it.
Other: For legal purposes, and without limiting any other provision of these Terms and Conditions, these Terms and Conditions are given for the benefit of us and each of our employees, agents, contractors, partners and associated entities and are enforceable at the suit of any such person. If any provision of these Terms and Conditions is held to be unreasonable, invalid or unenforceable for any reason, that will not affect the validity of the other Terms and Conditions which will continue to be of full force and effect. We may change the Services or these Terms and Conditions at any time. If you use the Services after we have posted the changes you will be bound by the new Terms and Conditions.
Contact: If you have any questions, concerns or complaints in relation to our Software, Services or these Terms and Conditions please contact: Rebl Corp, [email protected], 1300 804 880
These Terms and Conditions were updated on December 18th, 2018