Terms & Conditions

Terms & Conditions

Last Updated: August 12, 2020

Welcome to Monster Reach!

Monster Reach is a leading cloud-based development platform providing technologies, products and services that enable businesses to create, manage and market their online and mobile presence.

These Terms & Conditions  (“Terms”) govern your use of the Monster Reach website (“Website”) and the products, apps, tools, services, technologies and software that we offer (the “Services”), except where we expressly state that separate terms (and not these) apply. These Services are provided to you by Monster Reach (“Monster Reach”, “We”, “Us”), a business headquartered in Sydney, Australia.

You accept these Terms by creating a Monster Reach account (“Account”), through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

If you do not agree to these Terms, you should not create a Monster Reach account, use the Services, or access our Website.

Questions about these Terms may be sent to support@monsterreach.com.

Your Privacy

  1. Your Privacy. Your privacy is important to us. Please read the Monster Reach Privacy Statement (the “Privacy Statement“) as it describes the types of data we collect from you and your devices (“Data“), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how Monster Reach uses your content, which is your communications with others; postings submitted by you to Monster Reach via the Services; and the files, text, photos, documents, information, audio, digital works, live streams and videos that you upload, store, broadcast or share through the Services or that we create on your behalf (“Your Content“). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Monster Reach’s collection, use, and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

Your Content

  1. Your Content. Many of our Services allow you to publish, store, communicate, publish, or share Your Content.
    1. You understand that ownership of Your Content belongs with you and you must evaluate and bear all risks associated with the use of Your Content, including any reliance on the integrity, and accuracy of Your Content.
    2. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content and that the collection, use, and retention of Your Content will not violate any law or rights of others.
    3. You agree that under no circumstances will Monster Reach be liable in any way for Your Content, including any errors or omissions in Your Content, or any loss or damage of any kind incurred as a result of your or other’s use of Your Content.
    4. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve the Monster Reach Services, you grant to Monster Reach a worldwide and royalty-free intellectual property license to use, reproduce, transfer, distribute, edit, modify, adapt, improve, update, upgrade, collect, translate, republish Your Content.
    5. Except as described in our Privacy Statement, we will not be required to treat Your Content as confidential.

Code of Conduct

  1. Code of Conduct.
    1. By agreeing to these Terms, you’re agreeing that, when using the Services or accessing our Website, you will follow these rules:
      1. Don’t do anything illegal.
      2. Don’t engage in any activity that exploits, offends, abuses, harms, or threatens to harm people including but not limited to the general public, children, Monster Reach personnel and other users of the Monster Reach Services.
      3. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
      4. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
      5. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretences, impersonating someone else, manipulating the Services to improve search engine rankings, likes, ratings or comments, promoting dubious schemes that promise getting-rich-quick, or provide irrelevant advertisements) or libellous or defamatory.
      6. Don’t circumvent any restrictions on access to or availability of the Services.
      7. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, worms, trojan horses, denial-of-service attacks, malware, ransomware, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
      8. Don’t engage in activity that infringes or violates the privacy or data protection or intellectual property rights or any other rights of others.
      9. Don’t publish, promote, store, sell or redistribute any content referring to promotion or advertising or sale of weapons, drugs, counterfeit goods, stolen items, tobacco, money laundering or items that violate privacy rights.
      10. Don’t engage in any activity that may induce users to provide their personal data for inappropriate use that may be harmful to them or illegal.
      11. Don’t remove, alter, deactivate, degrade or thwart any of the content protections in the Services.
      12. Don’t frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Monster Reach without our express written consent.
      13. Don’t “page-scrape”, “deep link”, mirror and/or create a browser or border environment of Monster Reach, without our express written consent.
      14. Don’t purchase search terms or use any meta tags or any other “hidden text” utilizing the Monster Reach name or trademarks without our express written consent.
      15. You also agree not to interfere with the servers or networks connected to any portions of the Services or to violate any of the procedures, policies or regulations of networks connected to the Services.
      16. Don’t help others break these rules.
    2. Enforcement. If you violate these Terms, we may, in our sole discretion, or when requested by the court or legal bodies in case of law infringement by you, stop providing Services to you or we may close your Account. We may also block delivery of a communication to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, we reserve the right to review Your Content in order to resolve the issue, and you hereby authorize such review. Ending your Services. Monster Reach has the right to suspend or terminate your Account or deny access to any of Services at any time due to your failure to comply with any provision of the terms.

Using the Services & Support

  1. Using the Services & Support.
    1. Monster Reach Account. To access any of our Services, you must have access to the Internet and must create an Account, either on a free or paid-subscription basis. The individual who created the Account and whose Payment Method is charged is referred to here as the “Account Owner” or ”You”.
    2. Creating an Account. You can create a Monster Reach account by signing up online. You agree to provide us with accurate, complete and up-to-date information when signing up for your Account. This information may be used for contacting you.
    3. Responsibility. You are responsible for all activity that occurs under your Account.
    4. Authority. If you create an Account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.
    5. Maintaining Your Account. You agree to update and maintain the truth and accuracy of the information you provide to us relating to your Account.
    6. License. Unless otherwise specified, we grant You a limited, non-exclusive, non-transferable, license to access the Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
    7. Right of Refusal. We can refuse registration or cancel, modify or suspend your Account or the Services at our sole discretion at any time with or without notice.
    8. Minimum Age. By creating an Account, you represent that you are 18 years of age or older or have reached the age of “majority” or “legal responsibility”. If you do not know whether you have reached the age of majority or legal responsibility where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create an Account. If you are the parent or legal guardian of a minor who creates an Account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Account or Services, including purchases, whether the minor’s Account is now open or created later.
    9. Security.
      1. You are responsible for maintaining the confidentiality of the Account and Account password and for restricting access to the Account.
      2. You cannot transfer your Account credentials to another user or entity.
      3. You are responsible for using the Services in a private and secure manner. We are not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Services or sharing your Account password.
      4. BY SHARING THE ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
      5. Where possible, users of public or shared networks should log out of the Account at the completion of each visit.
      6. If you find that you are a victim of identity theft and it involves your Account, you should notify us at support@monsterreach.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency.
      7. In addition, if the Account Owner wishes to prohibit others from contacting Monster Reach Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
      8. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Monster Reach website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
      9. We reserve the right to place any account on hold anytime with or without notification to you in order to protect us and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount you for holds placed on your Account by either our representative or by our automated processes.
    10. Abuse. Abuse or excessively frequent requests to the Monster Reach website or other Services may result in the temporary or permanent suspension of your Account’s access to the Services. We, at our sole discretion, will determine abuse or excessive usage. We will make a reasonable attempt via email to warn you prior to suspension.
    11. Cardholder Data. You are responsible for the security of cardholder data you possess or otherwise store, processes, or transmits on behalf of your customer, or to the extent that you could impact the security of your customer’s cardholder data.
    12. Account Use. You must use your Account to keep it active. This means you must sign in at least once in a two-year period to keep your Account, and associated Services, active. If you don’t sign in during this time, we will assume your Account is inactive and will close it for you. If we reasonably suspect that your Account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Account, please visit this website: monsterreach.com.
    13. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
    14. Support. Customer support for some Services is available at monsterreach.com. Certain Services may offer separate or additional customer support, such as the services provided by third parties, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or services provided by third parties, and you are responsible for familiarizing yourself with compatibility requirements.
    15. Objectionable Content. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable. If you would like to report objectionable materials, please contact support@monsterreach.com.
    16. Ending your Services. If your Services are cancelled (whether by you or us):
      1. Your right to access the Services stops immediately and your license related to the Services ends; and
      2. we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You will no longer be able to access any of the Services (or Your Content that you’ve stored on those Services); and
      3. you may lose access to third-party services you’ve purchased or subscribed to through Monster Reach.
    17. Closing Your Account. If your Account is closed (whether by you or us):
      1. your right to use the Account stops immediately; and
      2. we’ll delete Data or Your Content associated with your Account or will otherwise disassociate it from you and your Account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). Monster Reach won’t be able to retrieve Your Content or Data once your account is closed; and
      3. you may lose access to third-party services you’ve purchased or subscribed to through Monster Reach; and
      4. we may temporarily prevent creation of an Account associated with the email address you provided.
    18. Loss of Data. If your Account or any Services or Third Party Services related to your Account are cancelled (whether at your request or at our discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). You agree that we shall not be liable in any way for such Capacity Loss, or for saving a backup of your Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of an Account and/or any Services following their cancellation, as determined by us in our sole discretion.

Using Third-Party Apps and Services

  1. Using Third-Party Apps and Services.
    1. The Services may allow you to access or acquire or subscribe to products, services, apps, software, platforms, domain registrars, websites, links, content, material technology, skills, integrations, bots or applications from independent third parties (companies or people who aren’t Monster Reach) (“Third-Party Apps and Services“). Such Third-Party Apps and Services are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Monster Reach with respect to any Third-Party Apps and Services.
    2. MONSTER REACH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY APPS AND SERVICES INCLUDING IN REGARDS TO THEIR INTEGRITY, QUALITY AND ACCURACY AND YOU AGREE TO THAT WE WILL NOT BE LIABLE TO YOU OR OTHERS FOR YOUR USE OF ANY THIRD-PARTY APPS AND SERVICES AND THAT YOU ASSUME ALL RISK AND LIABILITY ARISING FROM YOUR USE OF THESE THIRD-PARTY APPS AND SERVICES.
    3. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service.
    4. These Terms do not apply to such Third-Party apps and Services and you should review the agreements and terms of use and privacy policies related to such Third-Party Apps and Services before acquiring, using, requesting, or linking your Account to any Third-Party Apps and Services.
    5. It is your sole responsibility to comply with the terms of such Third-Party Apps and Services.
    6. The terms of use and privacy policies of Third-Party Apps and Services do not modify these Terms.
    7. Monster Reach does not license any intellectual property to you as part of any Third-Party Apps and Services.
    8. Many of our Services also share Your Content or Data with Third-Party Apps and Services, and you acknowledge that Your Content or Data may also be stored with the publisher, provider or operator of the Third-Party Apps and Services.
    9. You acknowledge that such Third-Party Apps and Services may require the payment of additional amounts to Monster Reach and/or to the providers of such Third-Party Apps and Services.
    10. We may, at any time and at our sole discretion, suspend, disable access to or remove from your Account, and/or the Services, any Third-Party Apps and Services whether or not incorporated with or made part of your Account at such time – without any liability to you or to any other end-users.

Service Availability

  1. Service Availability.
    1. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result.
    2. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your Qccount, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.

Updates to these Services

  1. Updates to the Services.
    1. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Services.
    2. Sometimes we will need to update software to maintain or improve the performance of the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Such updates may not be compatible with software or services provided by third parties.
    3. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any Third-Party Apps and Services previously purchased.
    4. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Updates to these Terms

  1. Updates to these Terms.
    1. We may change these Terms and the Privacy Statement at any time, with or without notice to you, in our sole and absolute discretion. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your Account and, if you are a parent or guardian, help your minor child close his or her Account.
    2. The most current version of these Terms can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the footer of the pages of the Monster Reach Website. The most current version of the terms will supersede all previous versions. Neither changes nor updates will ever apply retroactively.

Payment and Fees

  1. Payment and Fees. The use of certain Services may be subject to payment of fees, as determined by us in our sole discretion (“Paid Services” and “fee(s)”, respectively). For Paid Services, these terms apply, and you agree to them:
    1. Prices. The effective pricing and terms of Paid Services are published on our Website at monsterreach.com. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your subscription to such Paid Service(s) at the full applicable fee.
    2. Currency. You agree to pay for Paid Services in the currency specified on our website. Depending on your location, some transactions might require foreign currency conversion or be processed in another country.
    3. Additional Fees. Fees for our Services are firm and do not contain any hidden fees. If your bank account or account in the payment system of your choice has been debited with the amount higher than the fee listed on our Website, the difference might be the result of transaction fees or other fees required by your bank or payment system. You hereby agree that we are not in any way responsible or liable for additional fees arising from the use of bank or payment systems Services. Thus, in case of any deficiencies in the payment amount, please contact your bank or payment system.
    4. Taxes. All prices for the Paid Services are exclusive of applicable taxes and currency exchange settlements, unless otherwise stated. All applicable taxes will be added to the fees for requested Paid Services and will be indicated in a payment confirmation you are to receive upon confirmation of payment for a paid service. Taxes are calculated based on your location at the time your Account was registered unless local law requires a different basis for the calculation. European merchants who have not provided a valid VAT ID will be charged VAT in addition to the base product price. VAT will be calculated based upon the merchant’s home country VAT rate. You agree you are solely responsible for paying such applicable taxes or other charges.
    5. Your Billing Account.To pay the charges for a Paid Service, you will be asked to provide an accepted payment method in the form of a valid credit card or PayPal account at the time you sign up for that Paid Service. For all Paid Services you can access and change your billing information and payment method on the Customer Portal. Additionally, you agree to permit us to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
    6. Billing
      1. By providing us with a payment method, you:
        1. represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;
        2. authorize us to charge you for the Paid Services or available content using your payment method; and
        3. authorize us to charge you for any paid feature of the Paid Services you choose to sign up for or use while these Terms are in force.
      2. We may bill you:
        1. in advance; or
        2. at the time of purchase; or
        3. shortly after purchase; or
        4. on a recurring basis for Paid Services purchased on a subscription basis (“Subscription Paid Services”).
      3. When you subscribe to Paid Services, you will be billed according to current Monster Reach rates for the selected Paid Service and you will be required to prepay usage of Paid Services for the current period as indicated on our Website.
      4. We will notify you in advance of any change in the amount to be charged for Subscription Paid Services.
      5. For Subscription Paid Services you will be charged subsequently on the same day of each month. If the billing date is the 29th — 31st, and the billing month does not contain this date, then the billing date will be adjusted to the last day of the current calendar month.
      6. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
    7. Recurring Payments.
      1. When you purchase a Subscription Paid Services, you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to.
      2. By authorizing recurring payments, you are authorizing us to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card, PayPal or similar payments) (collectively, “Electronic Payments“).
      3. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, MonsterReach or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
      4. To provide you with uninterrupted and flawless experience with your Account, we use automatic renewals of subscription for our Subscription Paid Services. We will automatically renew the subscription when the period of a previous subscription (“Subscription Term”) ends for a renewal period equal to the original Subscription Term for such Subscription Paid Services through the same payment method you have used in making the original payment.
      5. Annual plan renewals will be charged on same day of the following year to prepay usage of the Paid Services for the next annual service period.
    8. Payment Defaults.
      1. If auto-renewal payment for your subscription plan fails, ensure that all of these requirements are met:
        1. Your card has sufficient funds to cover the payment.
        2. Your credit card hasn’t expired.
        3. Your credit limit is sufficient for processing the payment.
        4. The payment details that you entered at checkout match your actual card information.
      2. If all the requirements are met, but payment keeps failing, contact your bank or payment system to figure out the reason.
      3. If you don’t solve this issue within 10 days after the invoice due date, we’ll be obliged to cancel your subscription and suspend your site. Please authorize the needed payment yourself or contact our support at support@monsterreach.com for more details.
      4. We may suspend or cancel the Paid Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Paid Services for non-payment could result in a loss of access to and use of your account and its content.
    9. Online Statement and Errors. For all Paid Services, we will provide you with an online billing statement on the Monster Reach Account Portal, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund, unless otherwise required by law. If we have identified a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
    10. Refund Policy. Unless otherwise provided by law or by a particular Paid Service offer, all purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic. You are not entitled to claim any cooling off period or any refund.
    11. Cancelling Subscription Paid Services. You may cancel your Subscription Paid Services within 30 days prior to the expiry of the Subscription The cancelation of your subscription can be conducted through your Account Portal. Cancelling Subscription Paid Services stops future charges to continue the Subscription Paid Services. If you cancel your Subscription Paid Services prior to the 30 days leading up to the expiry of the Subscription Term you will be obligated to promptly pay all unpaid fees due through the end of the Subscription Term. You may lose access to and use of your Account when you cancel the Subscription Paid Services.
    12. Cancelling Free Services You may terminate your Account if you have subscribed to a Free Service by selecting “Close my account” option in your Account Portal.
    13. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
    14. Promotional Offers. From time to time, we may offer Services for free for a trial period. We reserve the right to charge you for such Services (at the normal rate) if we determine (in our reasonable discretion) that you are abusing the terms of the offer.
    15. Price Changes. We reserve the right to change the prices of the Paid Services at any time and if you have a Subscription Paid Service that is affected by such changes, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Subscription Paid Service before the price change takes effect. If there is a fixed term and price for your Subscription Paid Service, that price will remain in force for the fixed term.
    16. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
    17. Gift Cards. Redemption and use of gift cards are governed by the Monster Reach Gift Card Terms and Conditions. Information on Monster Reach gift cards is available on our Website.
    18. Bank Account Payment Method. You may register an eligible bank account with your Account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize us (or our agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your Subscription Paid Service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Account. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
    19. Billing Queries. Questions about Monster Reach billing can be directed to support@monsterreach.com and are typically answered within 24 hours, Monday — Friday.
    20. Upgrades and Downgrades of Paid Services. If you choose to upgrade or downgrade your Subscription Paid Service from one paid plan (“Old Plan”) to another paid plan (“New Plan”), your Service will be switched immediately to the New Plan. The payment for the unused portion of Service from your Old Plan will be credited toward the price of the New Plan. Your future monthly billing date will always remain the same. If the Plan change is a downgrade, credit will be applied to future months and your next monthly fee will be charged when the credit from the Old Plan has been used. If the Plan change is an upgrade, you will be charged the remaining portion for the current billing period immediately, and subsequent months will be charged on your previously existing billing date. Remaining credit from the current billing period will be calculated based on the number of remaining days in the current billing month.
    21. Satisfaction Guarantee. Certain Paid Services are subject to a Satisfaction Guarantee. For these Paid Services, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Paid Services and you will be billed only for the first month of the Subscription Period. The Satisfaction Guarantee is not applicable to any additional purchases, upgrades, modification or renewals of Paid Services. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Paid Services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Paid Services actually received, as permitted by law. Certain Services may be not be subject to a Satisfaction Guarantee. These include Third Party Apps and Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on our Website and/or as part of or during the process of purchasing such Services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it.
    22. Chargebacks. If at any time upon purchasing a Paid Service you contact your bank or credit card company asking to decline, chargeback, or otherwise reverse the payment due to us (“Chargeback”), this will be considered a breach of your obligations, resulting in disabling or terminating your Account. Any data stored in such Account may be removed permanently. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the Services rendered thereafter. If a Chargeback has been performed by mistake, please contact our setup experts at support@monsterreach.com.

Disputes

  1. Disputes. These terms also provide that all disputes between you and Monster Reach will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Monster Reach.

Warranties

  1. Warranties. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, MONSTER REACH MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION TO YOUR USE OF THE SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MONSTER REACH DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” MONSTER REACH DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS. TO THE EXTENT PERMITTED UNDER LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.

Limitation of Liability

  1. Limitation of Liability.
    1. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS), TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM MONSTER REACH OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICES PROVIDERS, AND VENDORS, DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE PREVIOUS THREE (3) MONTH OF YOUR FEES PAID TO MONSTER REACH FOR YOUR SUBSCRIPTION PAID SERVICE (OR UP TO USD$10.00 IF THE SERVICES ARE FREE). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
    2. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE YOU CAN’T RECOVER ANY (I) CONSEQUENTIAL LOSSES OR DAMAGES; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT); (III) LOSS OF ACTUAL OR ANTICIPATED INCOME (WHETHER DIRECT OR INDIRECT); (IV) LOSS OF CONTRACT OR BUSINESS OR OTHER LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES; (V) SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE LOSSES OR DAMAGES; AND (VI) TO THE EXTENT PERMITTED BY LAW, DIRECT LOSSES OR DAMAGES IN EXCESS OF THE CAPS SPECIFIED IN SECTION 12(A) ABOVE. THESE LIMITATIONS AND EXCLUSIONS APPLY IF THIS REMEDY DOESN’T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICES, OR THE SOFTWARE RELATED TO THE SERVICES.
    3. Additional disclaimers or limitations of liability may be contained in the various third-party software, licensing and service agreements you may have agreed to in order to access the Services.
    4. We are not responsible or liable for any failure to perform or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). We will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.

Intellectual Property

  1. Intellectual Property
    1. The Services, including all content included on our user interfaces, or delivered to members as part of the Services, including, but not limited to, source code, data compilations, and software, are the property of Monster Reach or its licensors and are protected by Australian and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Monster Reach, or in connection with the Services are the exclusive property of Monster Reach and its licensors and are protected by the copyright and trade secret laws in the territories in which the Products and Service operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from Monster Reach or its licensors. You agree to adhere to the restrictions set forth in these terms. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from Monster Reach, not to insert any code or product into or manipulate the content of the Services in any way, and not to use any data mining, data gathering or extraction method. Monster Reach reserves the right to terminate your membership hereunder if Monster Reach, in its sole and absolute discretion, believes that you are in violation of Monster Reach software restrictions, restrictions against copying the Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Monster Reach and its licensors. Monster Reach does not promote, foster or condone the copying of third-party products or categories or any other infringing activity. While the use of the Services, including demos of online stores, store Services, are for your commercial use, such items proprietary to third parties are not. Please see the instructions at the end of these terms for notifying us of the presence of any allegedly infringing content of the Services, including any on the website, Monster Reach.com.
    2. Trademarks. Monster Reach is a registered trademark of Monster Reach. The Monster Reach logo and monsterreach.com are trademarks or service marks of Monster Reach. The Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Monster Reach. The trademarks, service marks and trade dress of Monster Reach may not be used or reproduced without prior written approval from Monster Reach and may not be used in connection with any product or service that is not affiliated with Monster Reach, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Monster Reach, or in any manner that disparages or discredits Monster Reach. Other trademarks that appear on the Monster Reach website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monster Reach. Any images of persons or personalities contained on the Monster Reach website and user interfaces are not an indication or endorsement of Monster Reach or any particular product or our service unless otherwise indicated.
    3. Monster Reach holds patents pending that apply to the Services and our operations.
    4. Use of Information Submitted. Monster Reach is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Services, including the Monster Reach website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Monster Reach does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Monster Reach. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Monster Reach and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
    5. Service Testing. From time to time, we test various aspects of our Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Copyright Infringement

  1. Copyright Infringement.
    1. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.
    2. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, or are aware of any infringing material available through the Services, please provide us with the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
      4. Your address, telephone number, and email address;
      5. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
      6. Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      7. Notices of claims of copyright or other intellectual property infringement can be made by email to support@monsterreach.com. 
    3. Counter-Notification. If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to us. To be effective, your Counter Notification must include substantially the following:
      1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
      2. A statement that you consent to the jurisdiction of the Courts of New South Wales, Australia.
      3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or from the party’s agent.
      4. Your name, address, and telephone number.
      5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      6. Your physical or electronic signature.
      7. You may submit your Counter Notification by email to support@monsterreach.com.
      8. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter-Notification, unless our designated Agent for Notice first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
      9. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false form may constitute perjury.

Service-Specific Terms

  1. Social Media. For members in certain countries, some of the Services, such as our online shopping cart, can be added to your page on social media networks, such as Facebook. BY CONNECTING YOUR MONSTER REACH ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON MONSTER REACH.COM). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these terms.

Notices

  1. Notices.
    1. We may send you relevant notices using one of the following methods:
      1. via the Monster Reach Services, including banners, pop-ups, and push notification within the Monster Reach Website, Account or elsewhere;
      2. by e-mail, sent to the e-mail address you provided us;
      3. by phone numbers provided in your Account;
      4. by letters sent to physical addresses that you provided in your Account;
      5. using any other ways of communication available in your Account.
    2. A Monster Reach notice to you will be considered as received and operative within twenty-four (24) hours after it was sent or published by any of the above-mentioned ways unless the notice indicates otherwise.

Indemnity

  1. Indemnity.
    1. You shall indemnify Monster Reach for damages, costs and attorneys fees that Monster Reach incurs from any third party claim that:
      1. arise from your use of the Services; or
      2. arises from of any materials you or your agents have provided to Monster Reach for use of the Services that infringe any patent, copyright, trademark, trade secret or other intellectual property right under law.
    2. You shall assume the defence of any third-party claim with counsel reasonably satisfactory to Monster Reach.
    3. Monster Reach may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses.
    4. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires Monster Reach being indemnified to take or refrain from taking any action or purports to obligate Monster Reach being indemnified, then you shall not settle such claim without the prior written consent of Monster Reach, which consent shall not be unreasonably withheld, conditioned or delayed.
    5. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.

Arbitration Agreement

  1. Arbitration Agreement. In case of any disputes arising from the use of Monster Reach and/or its Services, we will take any measures to resolve the dispute in an amicable manner.
    1. You hereby agree to try to resolve a dispute by first contacting us via support@monsterreach.com. We’ll try to resolve the dispute informally by contacting you via email, phone, or other means of communication. If the parties fail to resolve the dispute within thirty days of the receipt of your first notification outlining the problem, You and Monster Reach agree that any dispute, claim or controversy arising out of or relating in any way to the Services, including our website, user interfaces, these terms and this Arbitration Agreement, shall be determined by binding arbitration Sydney, New South Wales, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these terms, the Commercial Arbitration Act 2010 (NSW) governs the interpretation and enforcement of this provision, and that you and Monster Reach are each waiving the right to a trial by jury or to participate in a class action.
    2. EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    3. The arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
    4. This arbitration provision shall survive termination of this Agreement and the termination of your Monster Reach Account.

Legal

  1. Legal.
    1. Entire agreement. These terms, together with any applicable privacy policy, any additional terms that accompany your application, and the terms for any updates of the Services constitute the entire agreement between you and Monster Reach and supersede any and all previous agreements, written or oral, between you and Monster Reach, including previous versions of the terms.
    2. Assignment. Monster reach may freely assign or transfer its rights and obligations hereunder and/or transfer ownership rights and title in the Services without your consent or prior notice to you.
    3. Severability. If any provision of this agreement is declared void, illegal or unenforceable by any judicial authority, this shall not nullify the remaining terms herein, which shall remain in full force and effect.
    4. Waiver. Any failure of Monster Reach to enforce or exercise a right provided in these terms is not a waiver of that right.
    5. Interpretation. Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
    6. Third-Party Rights. Nothing in these terms shall be deemed to confer any third-party rights or benefits.
    7. Translation. These terms were originally written in English (us). We may at some point translate these terms of use into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
    8. Contracting Entity. For your use of the Monster Reach Services, you are contracting with, and all references to “Monster Reach” in these Terms mean, Spartan Marketing Pty Ltd.
    9. Legal address. All correspondence can be forwarded by email to support@Monsterreach.com.
    10. Governing law. These terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
    11. Customer service. If you need assistance with your account, you may find answers and support on our community forums and using other resources and contacts found here: support@monsterreach.com. You can also reach us with customer service questions at support@monsterreach.com.