Terms & Conditions
1. The Ground Rules
Welcome to the Pay Compliment website or mobile properties (collectively “Website”).
This Website is provided solely to allow members to share feedback and job related recognition relating to other members job performance and the quality of service delivery as experienced in customer and workplace interactions and for no other purposes.
The terms "we", "us", "our" and "Pay Compliment" refer to Pay Compliment Pty Ltd (ACN 615 068 267), a company registered in the State of New South Wales Australia, and our corporate affiliates, as the providers of the Website (collectively, "Pay Compliment"). The term "you" refers to the person visiting the Website and/or contributing content on this Website.
Registered users of our Website are “Members” and unregistered users are “Visitors”. This Agreement applies to Members and Visitors.
You agree that by clicking “Join Now”, “Subscribe”, “Register” or similar, registering, accessing or using the Website you are entering into a legally binding agreement with us (even if you are using our Website on behalf of a company).
2. About You
To use the Website as a Visitor or a Member, you agree that:
You must be the “Minimum Age” (defined below) or older;
|Your Country||The Minimum Age you must be|
|People's Republic of China||18 years old|
|Netherlands||16 years old|
|United States, Canada, Germany, Spain, Australia and South Korea||14 years old|
|for all other countries||13 years old|
The Website is not for use by anyone under the age of 13.
If in your country, the law requires that you must be older in order for us to lawfully provide the Website to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
You agree that you will
a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b) Keep your profile information accurate and up to date;
c) Use the Website in a professional manner.
You cannot use the Website either as a Member or a Visitor if you have previously been restricted from its use by us.
3. Prohibited Activity
You agree that you will not:
a) Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
b) Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Website);
c) Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
d) Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
e) Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
f) Creating or operate a pyramid scheme, fraud or other similar practice;
g) Copy or use the information, content or data of others available on the Services (except as expressly authorized);
h) Copy or use the information, content or data on the Website in connection with a competitive service (as determined by us);
i) Copy, modify or create derivative works of Pay Compliment, the Website or any related technology (except as expressly authorized by us);
j) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
k) Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
l) Sell, sponsor, or otherwise monetize Pay Compliment feedback or any other feature of the Services, without our consent;
m) Deep-link to the Website for any purpose other than to promote your profile;
n) Remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
o) Remove, cover or obscure any advertisement included on the Website;
p) Collect, use, copy, or transfer any information obtained from us without our consent;
q) Share or disclose information of others without their express consent;
r) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
s) Use bots or other automated methods to access the Website, add or download content, send or redirect messages;
t) Monitor the Services' availability, performance or functionality for any competitive purpose;
u) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
v) Access the Website except through the interfaces expressly provided by us;
w) Override any security feature of the Website;
x) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)
Any use of this Website in violation of the terms of this Agreement may result in, among other things, termination or suspension of your rights to use the Website.
4. Your Account and Memberships
You agree that you will only have one Pay Compliment Account which must be registered in your real name.
You will not configure your Account or Memberships to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including Pay Compliment.
You will choose a strong and secure password and keep your password confidential.
You may have multiple memberships (which is different from your Account) associated with your Account to represent multiple organisations and workgroups that you may belong to.
Note that for Memberships purchased by another party for you to use (e.g. workgroup membership bought by your employer), the party paying for the membership controls such memberships and may terminate your access to it.
Where you add a profile picture, you will use an image that is your likeness or a head-shot photograph.
You will not share an account with anyone else, and will follow our rules and the law.
You are responsible for anything that happens through your account unless you close it or report misuse.
5. Subscriptions, Payments & Notices
i) Paid Services
If you purchase any of our paid services (“Paid Services”) you agree to pay us the service price inclusive of applicable fees and taxes.
You agree to honour your payment obligations and you agree to us storing your payment information. Also, there may be fees and taxes that are added to our prices. Also:
a) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
b) You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Paid Services and to facilitate easy payment for new services.
c) You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
d) Taxes are calculated based on the billing information that you provide us at the time of purchase.
Failure to pay these fees and applicable taxes may result in the termination of your subscription.
Invoices for Paid Services will be emailed to your registered email address. You can request a copy of your invoice through Customer Support.
We may change, suspend or end any services and features of the Website, or change and modify prices of any Paid Services prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We can each end this Agreement anytime we want.
We or You may terminate this Agreement at any time with notice to the other.
On termination, you lose the right to access or use the Website.
The following shall survive termination:
a) Our rights to use and disclose your feedback;
b) Members and/or Visitors's rights to further re-share content and information you shared through the Website;
c) Sections 7 and 8 of this Agreement;
d) Any amounts owed by either party prior to termination remain owed after termination.
You agree that we will use our websites, mobile apps, your registered mobile number and your registered email to provide you with important notices.
You acknowledge your obligation to keep your contact information up to date and that if you fail to do so, you may miss out on these notices.
You agree that we may provide notices to you in any of the following ways:
a) a banner notice on the Service, or
b) an email sent to an email address you provided, or
c) through other means including mobile number, telephone, or mail.
You may contact us using the details in section 9 of these Terms and Conditions.
6. The Feedback, Comments and other Submissions that you make and receive
By submitting content to the Website by email, postings on the Website, uploading content or otherwise, including any profile information, feedback, comments, ratings, suggestions, templates, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Pay Compliment, our Members, Viewers and affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to;
a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and
b) use the profile name (that must be your real name) that you submit in connection with such Submissions.
You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Agreement.
You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website contains facilities in which you or third parties may maintain profile information, search, provide ratings, post feedback of customer service and workplace experiences or other content, comment, send messages, upload materials or link to other items ("Interactive Areas").
Where we provide such Interactive Areas, you are solely responsible for your use of them and use them at your own risk.
By using any Interactive Areas, you expressly agree not to solicit, post, upload, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a) Content that is patently offensive or could be deemed to harass, abuse or harm another person, including but not limited to; Profanity, Pornography, Racism, Threats and Violence, Sexual remarks
b) Information that you do not have the right to disclose (such as confidential information of others (including your employer));
c) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, National Identity numbers and credit card numbers;
d) Information that violates intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
e) Any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Pay Compliment;
f) Anything that contains software viruses, worms, or any other harmful disruptive or destructive content or files;
You agree that the publication of your Submissions may be moderated either by the individuals or organisations responsible for the memberships to which your Submissions are directed, by Pay Compliment or its affiliates, or by other parties as deemed appropriate by Pay Compliment in its sole discretion, and that such moderation may result in your Submissions not being published.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
7. Disclaimer and Limitations of Liability
Pay Compliment takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Pay Compliment liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, Pay Compliment is not liable for any statements, representations or Content provided by its Members or Visitors.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that;
a) you unconditionally and irrevocably consent to all or any acts or omissions by Pay Compliment or its licensees, successors and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content;
b) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
c) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Pay Compliment or its licensees, successors and assigns;
d) to the maximum extent permitted by law, you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
e) you forever release Pay Compliment, and its licensees, successors and assigns, from any claims that you could otherwise assert against Pay Compliment by virtue of any such moral rights.
ii) No Warranty
TO THE EXTENT ALLOWED UNDER LAW, PAY COMPLIMENT (AND THOSE THAT PAY COMPLIMENT WORKS WITH TO PROVIDE THE WEBSITE)
a) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
b) DO NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
c) PROVIDE THE WEBSITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
iii) Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PAY COMPLIMENT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PAY COMPLIMENT (AND THOSE THAT PAY COMPLIMENT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF PAY COMPLIMENT (AND THOSE THAT PAY COMPLIMENT WORKS WITH TO PROVIDE THE WEBSITE) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF
a) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR
b) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PAY COMPLIMENT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PAY COMPLIMENT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
8. Dispute Resolution and Governing Law
If a dispute arises out of or relating to this contract the relevant parties shall attempt to resolve the matter by mediation before litigation.
This contract shall be governed by and construed in accordance with the laws of Australia in the state of New South Wales. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. Each party waives any right it has to object to an action being brought in the courts of New South Wales including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Website) is the only agreement between us regarding the Website and supersedes all prior agreements for the Website.
If we don't act to enforce a breach of this Agreement, that does not mean that Pay Compliment has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Pay Compliment may assign this Agreement to its affiliates or a party that buys it without your consent.
There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 9.
9. How to Contact Us
If you want to send us notices or service of process, please contact us:
ONLINE at: www.paycompliment.com/ContactUs
OR BY MAIL at:
Unit 4, 167 Pittwater Road
Copyright and Trademark Notices
All contents of this Website are: © 2017 Pay Compliment. All rights reserved. Pay Compliment is not responsible for content on websites operated by parties other than Pay Compliment. Pay Complement, the bubble logo, and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Pay Compliment and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pay Compliment or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pay Compliment.
Net Promoter, NPS and Net Promoter Score are trademarks of Satmetrix Systems Inc., Bain & Company and Fred Reichheld.
© Pay Compliment Pty Ltd, Australia, 29 November 2016, All Rights Reserved