About Social Check™

1.1

Social Check™ Pty Ltd (ACN 160 358 814) (“Social Check™”) understands how an individual’s online presence can create a digital persona which is portrayed to the world on the Internet. This is why we have created Social Check™ Business and Social Check™ Personal. By using sophisticated algorithms together with trained professionals in the recruitment, branding and social media industries, we are able to create written reports which provide insight into an individual’s online presence (the “Reports”). In addition to the Reports, Social Check™ also provides associated services such as:

  • copy writing services;
  • guidance, advice, and recommendations in relation to identifying potential risks with respect to your digital persona; and
  • guidance, advice and recommendations on how to improve your digital persona

(collectively referred to as our “Services”).

Acceptance of the Terms

2.1

Our Services are only offered to you if you agree to be bound by our terms and conditions of use (the “Terms”). You accept the Terms by:

  • clicking to accept or agree to the Terms where this option is made available to you by Social Check™ in the user interface on our website at www.socialcheck.com (the “Website”); or
  • instructing Social Check™ to perform the Services to you from time to time.
2.2

Social Check™ reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Social Check™ updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication.

Your Website Registration

3.1

You may be asked to register for our Services via the Website. If this is the case, in order to access the Services you will be required to provide personal information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the Services. You may also be requested to provide Social Check™ with:

  • a username;
  • an email address; and
  • a password.
3.2

You agree that:

  • any personal and/or registration information you provide to Social Check™ will always be accurate, correct and up to date.
  • you will not to share your profile or registration details with any other person;
  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have sole responsibility for protecting the confidentiality of your password and/or email address and that use of your password by any other person may result in the immediate cancellation of our Services;
  • any use of your account by any other person, or third parties, is strictly prohibited and that you will immediately notify Social Check™ of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • you must not expressly or impliedly impersonate another person or use the profile or password of another person at any time;
  • you will not broadcast, publish, transmit, up-load, post or upload content to the Website which is false, misleading or is intended to, or may: harass, impersonate, stalk or threaten another person;
  • access to and use of the Website and its associated Services are limited and non-transferable;
  • you will not use the Services or the Website in connection with any commercial endeavours or purpose except those that are specifically endorsed or approved by the management of Social Check™ or the Terms;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of user privileges. Appropriate legal action may be taken by Social Check™ for any illegal or unauthorised use of the Website or its associated Services.

Social Check™ Report

4.1

Social Check™ is serious about privacy and the Terms must be read in conjunction with the Social Check™ Privacy Policy found on the Website.

4.2

The approved purpose of the Social Check™ Report is to provide you with an opportunity to:

  • investigate your own digital persona by finding out what information other third parties may be able to discover about you;
  • discover what views other individuals may hold of you based on your digital persona;
  • obtain insight into how you can improve your digital persona;
  • optimise your personal brand in the digital space; and
  • obtain training and/or coaching with respect to your digital persona to assist in building awareness of how social media landscapes apply to you.
4.3

You must only use the Services for your own Social Check™.

Service Delivery Method, Duration and Entitlement

5.1

Social Check™ uses reasonable endeavours to deliver its Services within two (2) business days of Social Check™ receiving all of the relevant search criteria information.

5.2

Social Check™ only delivers its Services to the party which has engaged the Services.

Purchase, Payment & Money Back Guarantee

6.1

Unless otherwise expressly stipulated, Social Check™ requires full payment for the Services before processing each order and upon receipt of payment, Social Check™ will issue you with a receipt via its payment gateway.

6.2

Social Check™ is so confident in the Report that if you are not fully satisfied, we will offer a full money back guarantee to you, subject to you complying with the following:

  • you must request from us in writing within fourteen (14) days from receiving the Report your money back (the “Guarantee Notice”);
  • you must specify in the Guarantee Notice the reasons (with sufficient particulars) why you were not satisfied with the Report; and
  • you must agree not to disparage or bring Social Check™ into disrepute upon receipt of the refund.
6.3

Upon your compliance with Clause 6.2 of the Terms, Social Check™ will refund you the purchase price of the Report, less any merchant banking fees incurred by Social Check™ in receiving and/or refunding the purchase price.

Copyright and Intellectual Property

7.1

You hereby agree and acknowledge that the Services, the Reports and the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the “Content”) are owned or controlled by Social Check™ and is protected by copyright pursuant to the laws of Australia and through international treaties.

7.2

Social Check™ retains all rights, title and interest in and to the Website and all Content. Nothing you do will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
7.3

Notwithstanding Clause 7.1 and 7.2 of the Terms, where you have engaged Social Check™ and paid consideration for its Services, then Social Check™ hereby grants a perpetual, non-transferrable, royalty-free licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or display in public the Services or the Report. For the avoidance of doubt and with an interest of protecting Social Check™’s brand, reputation and intellectual property rights, Social Check™ does not grant you a licence to adopt or change in any way the Report or the Services which have been provided to you.

Accuracy of Information and Disclaimer

8.1

By you registering via the Website or engaging Social Check™ for its Services, you grant Social Check™ access to third party content which Social Check™ may not normally be able to access without your consent (the “Third Party Content”).

8.2

By you engaging the Services of Social Check™, you acknowledge and agree the Services are solely based on the Third Party Content which has been accessed by Social Check™ and therefore, Social Check™ cannot and does not provide you with any warranty, representation or promise of any kind regarding the accuracy or suitability of the Third Party Content.

8.3

By granting Social Check™ access to the Third Party Content, you acknowledge and agree that Social Check™:

  • will continue to have access to the Third Party Content until Social Check™’s access has expired or it has been revoked by you;
  • will gain access to Third Party Content which may contain personal information;
  • may not know how the Third Party Content has been gathered or collected by third party providers; and
  • has no responsibility or liability for the inaccuracy or suitability of the Third Party Content.
8.4

Everything on the Website, the Services and the products of Social Check™, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Social Check™ make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages, injury or reliance in connection with the Website, its use, its Content or any products or Services (including the products or services of Social Check™) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Service, the Third Party Content or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Social Check™;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of liability

9.1

The total liability of Social Check™ to you (if any) for loss, damage or reliance shall be limited to the re-supply of information or its Services.

9.2

You expressly understand and agree that Social Check™, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, business reputation, employment, opportunity and any other intangible loss.

9.3

Social Check™ is not responsible or liable in any manner for any site content (including the Content) posted on the Website or in connection with the Services, whether posted or caused by third parties or by any of the services offered by Social Check™.

Termination of the Terms

10.1

The Terms will continue to apply until terminated by either you or by Social Check™ as set out below.

10.2

If you want to terminate the Terms, you may do so by:

  • notifying Social Check™ at any time; and
  • closing your accounts for all of the services which you use, where Social Check™ has made this option available to you. Your notice should be sent, in writing, to support@socialcheck.com.
10.3

Social Check™ may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Social Check™ is required to do so by law;
  • the partner with whom Social Check™ offered the Services to you has terminated its relationship with Social Check™ or ceased to offer the Services to you;
  • Social Check™ is transitioning to no longer provide the Services in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Social Check™ is, in the opinion of Social Check™, no longer commercially viable.
10.4

Subject to local applicable laws, Social Check™ reserves the right to discontinue or cancel the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Social Check™’s name or reputation or violates the rights of those of another party.

10.5

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Social Check™ have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

11.1

You agree to indemnify Social Check™, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

Dispute Resolution, Mediation & Arbitration

12.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

12.2 Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

12.3 Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

  • Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Sydney, Australia.
12.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

12.5 Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.6 Arbitration and Legal Proceedings:

In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 13.6 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

Venue and Jurisdiction

The Services offered by Social Check™ are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Assignment

You agree that Social Check™ may assign the Terms without notice.

Notices

All notices under the Terms must be sent to Social Check™ to the following email address: enquiries@socialcheck.com.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.