Introduction

Thank you for accessing www.metigy.com and all associated features, content and software applications (the Website).

Please read these terms and conditions before using the Website (the Website Terms). The Website is provided by Metigy Administration Pty Ltd and its affiliates operating under the Metigy name in other jurisdictions including Metigy, Inc (together referred to as Metigy). These Website Terms govern your use of the Website.

By accessing and using the Website you agree to be bound by these Website Terms. If you do not accept these Website Terms, you must not use the Website. We may change these Website Terms from time to time and we will use reasonable endeavours to bring this to your attention when we do. Your continued use of the Website will constitute your acceptance of any updated Website Terms.

Eligibility to use the Website

You must be 18 years or older to use this Website and to create a user profile.

Use of the Website

This Website provides a platform for users to manage their marketing objectives, obtain insights in marketing related content and provides tools to make effective strategic decisions.

The Website and its content are provided ‘as is’. Metigy excludes all warranties of any kind, either express or implied, to the maximum extent permitted by law. While Metigy uses reasonable endeavours to ensure that the Website is available, Metigy does not make any representation, guarantee or warranty that access will be uninterrupted, error free or secure.

Metigy reserves the right at any time and from time to time to modify, discontinue either temporarily or permanently the Website, or any part thereof, for reasons such as to maintain, upgrade and develop the Website or to respond to any unforseen interruptions, such as natural disasters, or to comply with the law and contractual obligations. Metigy disclaims any liability as a result of any discontinuance or interruption of the Website, or any part thereof.

Metigy disclaims any and all liability related to, or arising out of, use of any of the information, personal or otherwise, made available via the Website.

When using the Website you agree not to:

  • use the Website in a way that violates, or that may violate, any law or regulation;
  • use the Website in a way that may cause Metigy to be in violation of any law or regulation;
  • use the Website in a way that reflects unfavourably on Metigy or any other third party;
  • be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;
  • harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
  • send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes;
  • collect information about other users of the Website for any purpose other than as expressly authorised by us;
  • take any action that imposes an unreasonable burden on the Website’s infrastructure;
  • distribute a data mining robot or other extraction tool, or meta tag or mirror the Website; or
  • distribute a computer virus or any similar program or code that may disrupt or disable the Website.

You acknowledge and agree that:

  • Metigy has no responsibility to review or investigate any rating, review, recommendation or resource featured on the Website. It is your responsibility to ensure that a recommendation is suitable for your purposes; and
  • Metigy may terminate your ability to access or use the Website at any time in response to a breach of any of these Website Terms or in accordance with any other agreement Metigy may have with you.

Links to third party websites

The Website may contain links to third party websites. Metigy has not reviewed any such third party website and accepts no responsibility for the content of such third party websites. Metigy accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of you accessing any linked third party websites.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement without our prior approval.

We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us using the details set out at the end of these Website Terms.

Electronic messages

We may send you electronic messages from time to time in the form of emails. We send these emails to keep you updated with the latest developments made on the Website and to assist with product functionality. If at any time you decide you do not want to receive these messages you can choose to opt-out of those messages by using the ‘opt out’ function contained in those messages or by contacting us via the contact details at the bottom of these Website Terms.

Licence

You acquire no rights or licences in or to the Website or the content of the Website other than a limited right to use the Website in accordance with these Website Terms.

Unless specified otherwise in these Website Terms, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

By uploading any content to the Website, you grant a licence to Metigy to access and use that content for both commercial and non-commercial purposes including making your content available to others.

You grant us a non-exclusive, worldwide, royalty free and perpetual licence to use and reproduce your content for any purpose connection to providing Metigy services.

Intellectual property

The Website, including any text, graphics, photographs, logos, trade marks and other material located on it (together, the Website Content) is protected by copyrights, trade marks and other proprietary rights. The Website Content includes both content owned or controlled by Metigy and content owned or controlled by third parties.

You may not use any of Metigy’s trade marks or trade names without Metigy’s consent and you acknowledge that you have no ownership rights in or to any of those names and marks.

You may not use any third party’s trade marks or trade names contained on the Website without the consent of that third party and you acknowledge that you have no ownership rights in or to any of those names and marks.

You agree to notify Metigy in writing promptly upon becoming aware of any unauthorised use of the Website or the Website Content by any party or of any claim that the Website or the Website Content infringes any copyright, trade marks, or other right of any party.

You agree to provide Metigy with a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit, any and all information uploaded or published by you on the Website for any purposes in connection to the services.

Subscription

Metigy currently provides the Website free of charge. However Metigy reserves the right to charge a fee for use of the Website at some later time or when you subscribe to certain service options from the Website. We will explain which service options are available to you and the terms and conditions of those service options when you create a Metigy user account and subscribe to a service.

In order to subscribe to the Website your personal details, and details for payment must be entered into the Website. Unless provided otherwise, all payments for subscriptions are to be made through the Website.

Provided payment has been successfully processed, a tax receipt will be made available for you to download. In order for Metigy to deliver you a tax receipt, you will need to provide Metigy with your email address. Metigy will not provide you with a tax receipt until payment has been processed and actually received by Metigy.

Metigy is not responsible for any interruption to or failure in any communication or processes, however caused, which results in an order, or in any payment or payment details not being received or processed by Metigy. A payment will be regarded as received when Metigy is able to credit or transfer the amount required into its designated bank account.

Security

Upon signing up to become a user of Metigy, you will be given a username and password that will uniquely identify you. You agree to use your best efforts to prevent any third person from using your password and you will inform Metigy immediately in writing of any actual or potential unauthorised use of your password.

You also agree not to take any action to circumvent or attempt to circumvent the security and access control provisions of the Website.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms.

Limitation of liability

To the maximum extent permitted by law, Metigy disclaims all representations, guarantees or warranties, express or implied, including, but not limited to: (1) the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Website Content; (2) that the Website and the Website Content will be free of errors, or that defects will be corrected; (3) that your access to the Website will be uninterrupted, secure or error free; (4) that the Website is free of viruses or any other harmful components; and (5) the quality, accuracy, or fitness for purpose of any linked websites, or third party material.

To the maximum extent permitted by law, Metigy and its directors, employees and agents, are not liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages or loss of any kind (including consequential loss, loss of profits, business opportunity or damage to good will) or any loss, destruction or corruption of data howsoever caused, whether in contract, tort including negligence, statute or otherwise arising in connection with the Website or the Website Contents.

Liability of Metigy for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Metigy’s option, to supply the Website and services you subscribe to again or return to you any payment for services which have not been provided to you.

You are responsible for your use of the Website, including any information you make available through the Website.

Indemnity

You agree to fully indemnify Metigy and its subsidiaries, employees and agents, harmless from and against any loss, liabilities or damages, expenses, including without limitation, reasonable legal and accounting fees, howsoever caused, or suffered as a result of:

  • your breach of these Website Terms or your use of the Website;
  • a recommendation, comment, or any other content uploaded by you to the Website;
  • a recommendation, comment, or any other content uploaded by you through the Website: or
  • a claim relating to any loss, damage, death or personal injury caused by or relating to information obtained by you from the Website.

Privacy

All personal information Metigy collects from you will be handled in accordance with the Privacy Act 1988 (Cth) and the Metigy privacy policy.

Entire agreement

These Website Terms state all the express terms of the agreement between the parties in respect of its subject matter. It supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.

Waiver

Neither party may rely on the words or conduct of the other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Invalidity and enforceability

If any provision of these Website Terms is invalid under the law of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

Applicable law

These Website Terms are governed by the laws of New South Wales, Australia. Both you and Metigy submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Contact us

You can contact Metigy via:

Last updated

These Website Terms v2.0 was last updated on 6 September 2019