Terms
To use our Services you must agree to our terms and conditions ('Terms'). These were last revised on May 25, 2018.
1. Basic Terms
KeptInformed enables users to obtain insight by exchanging feedback. We make services available to achieve this (the 'Service' or 'Services').
By pressing 'Launch' during sign-up or 'Submit' when giving feedback, you enter into a legal agreement with Cudepro Pty. Ltd., Suite 259, 585 Little Collins Street, Melbourne, VIC 3000 Australia ('Us', 'We', 'Our', 'Cudepro', 'KeptInformed') and agree to these Terms, which includes our Privacy Policy and Cookie Policy. If you are concerned about the Terms, do not create an account, do not use our Services, do not give feedback and deactivate your account.
You are bound by these Terms even if you use KeptInformed on behalf of a company or other entity.
The Service is always evolving and we retain the right to alter, remove or cease features or functionality without prior notice.
2. Passwords
You are responsible for creating and safeguarding a strong password to access the Services.
3. Feedback and Other Information
You are responsible for feedback and other information submitted to KeptInformed to provide the Service.
We do not endorse, represent or guarantee the truthfulness, accuracy or reliability of any information we receive or process.
4. Your Rights
You own any information you submit to us. Deactivating your account will delete this information, except where another user also has rights to the information or where the information has been shared outside of KeptInformed.
You agree to grant us a worldwide, non-exclusive, royalty-free license (with right to sublicense) to use, process and distribute this information however we choose and without further consent from you or compensation to you.
You are entitled to request a copy of any information you submit when using the Service.
5. KeptInformed Rights
The Services are our exclusive property. The 'two heads' logo is a registered trademark and you cannot use this or other material used in our Service without our permission. Other trademarks and logos may be the property of their respective owners.
If you give us feedback or suggestions about us or our Services, we will be free to use this as we see fit and without compensation to you.
6. Restrictions
Except as permitted, you may not reproduce, modify, distribute, sell, transfer, or otherwise use the information available through the Services.
While accessing or using the Service, you may not access or interfere with non-public areas of our Service, test vulnerability or circumvent our authentication measures, or access the Service via scraping, spidering, crawling or other means we deem inappropriate.
7. Payment Policy
If you purchase services from us, we will store your payment information. You will supply accurate billing information. You agree to pay applicable fees as they become due, plus related taxes, throughout the subscription period. Failure to pay may result in the cancellation of your subscription.
Depending on where you transact with us and the payment method used, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. KeptInformed does not support all payment methods, currencies or locations for payment.
If your payment fails on your next renewal date, your subscription may be cancelled. Applicable taxes are based on the information you provide us at the time of purchase.
8. Refund & Delivery Policy
Your subscription entitles access to premium digital content. Delivery of this content is immediate upon purchase.
During the purchase process you explicitly agree to access the content immediately and you explicitly acknowledge that you lose any right to withdraw from the purchase. This applies wherever you reside, even if you reside within the European Union.
Refunds are not permitted in most circumstances such as where you change your mind, don’t like the content, no longer wish to continue, don’t use the service, have no available content, or forget to cancel prior to your next renewal date. You can cancel your subscription at any time.
You may request a refund if you believe your card was used fraudulently, or in other exceptional circumstances. Refunds are not guaranteed. If you reside in Australia, you may request a refund if you are entitled to do so under Australian Consumer Law.
To request a refund, please use the 'Contact Us' form in the About page. If your request is deemed valid by KeptInformed at its sole discretion, the refund may be calculated pro-rata in respect of any unused subscription period and may be subject to currency conversion fluctuation and associated fees.
Chargebacks are processed in Australian dollars and may differ to the original payment due to currency conversion and associated fees.
9. Copyright Policy
We respect intellectual property rights. We may remove alleged infringing material without prior notice at our sole discretion without compensation.
10. Termination
The Terms will continue to apply until terminated by either you or KeptInformed.
You may terminate these Terms at any time for any reason by deactivating your account and discontinuing your use of the Services.
We may suspend, restrict or terminate your account at any time for any reason, if we believe you have violated these Terms or for any other reason.
If we suspend, restrict or terminate your account, we will make reasonable efforts to notify you the next time you attempt to access your account.
On termination, your license to use the Services shall cease. Sections 1, 4, 5, 10, 11, and 12 of the Terms shall continue to apply.
11. Disclaimers and Limitations of Liability
Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. KEPTINFORMED (AND RELATED PARTNERS) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, SUCH AS FITNESS FOR PURPOSE OR NON-INFRINGEMENT.
KeptInformed (AND RELATED PARTNERS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR REVENUES, OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KEPTINFORMED (AND RELATED PARTNERS) EXCEED THE LESSER OF (1) YOUR PAYMENTS TO KEPTINFORMED WITHIN THE LAST THREE MONTHS PRIOR TO THE CLAIM, AND (2) AUD 100.
THE LIMITATION OF LIABILITY APPLIES WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE OR OTHERWISE, IF KEPTINFORMED HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, AND IF REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
12. Other Terms
You must be at least 16 years of age to create an account with KeptInformed, or the minimum age as governed by a particular country's laws if higher.
The failure of KeptInformed to enforce any provision of these Terms is not deemed a waiver of such provision.
If any provision of these Terms is found to be invalid, it will be limited accordingly and the remaining provisions will remain in full force and effect.
Disputes relating to these Terms will be governed by the laws of the State of Victoria, Australia without regard to any conflict of law provisions. You agree to file claims or related litigation solely in the state courts located in Victoria, Australia and we each agree to personal jurisdiction in those courts. You agree to KeptInformed applying for injunctive remedies or equivalent in any jurisdiction.
These Terms, including the Privacy Policy and Cookie Policy, are the only agreement between us and you regarding the Services and supersede prior agreements. There are no third party beneficiaries. You may not assign or delegate rights or obligations under the Terms, but we may without notice.
The current Terms will be available at our website. By continuing to use the Services, you agree to be bound by any revised Terms.
The English version of these Terms will be binding to the extent by law and any version in another language is intended for convenience only.