Terms of Service

Welcome to Actioned.com.

This website and application (“Actioned,” “we,” “us,” “our”, the “Site”, the “App”) is operated by Outmarketing Pty Ltd – 53 095 332 586.  The website is available at: https://www.actioned.com and the app is available at: https://app.actioned.com and may be available through other addresses or channels.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved. By accessing, viewing, downloading, or otherwise using this Site or any webpage or Service available via this Site, you (the “User”) acknowledge and agree to be bound by the following terms and conditions.

You can report abuse of our Terms of Service here.

General

By using or accessing Actioned, you acknowledge and agree that:

  • You are prohibited from selling, trading or otherwise transferring your Site account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the Site, or any information therein.
  • You are prohibited from registering or creating an account for any entity or individual other than yourself unless you are expressly authorized to create accounts on behalf of the entity or individual.
  • You are not a direct competitor of Actioned.
  • That you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
  • That you understand that the use of the Site is at your own risk.
  • You must be 18 years or older to use the Site and Service(s).
  • You must provide a valid name and email address during the registration process. You will further update and keep that information current as appropriate.
  • You are responsible for maintaining the confidentiality of your passwords and are fully responsible for all activities that occur under your account and password. If you suspect unauthorized use of your account, you agree to immediately change your password and notify Actioned.
  • You are hereby granted a non-exclusive, non-transferable, worldwide right to access and use the Services, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. All rights not expressly granted to you are reserved by Actioned.
  • You understand that the content, organization, graphics, design, compilation, digital conversion and other materials related to the Services are the property of Actioned and are protected pursuant to applicable copyright, trademark, and other proprietary rights laws.
  • You shall abide by all applicable local, state, national and international laws, and regulations and be solely responsible for all acts or omissions that occur under your account or password, including those related to the protection of intellectual property, data privacy, international communications and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:
    • Reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Actioned.
    • Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content;
    • Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
    • Transmit material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
    • Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • Harvest or otherwise collect information about others, including email addresses, without their consent;
    • Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;
    • Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
    • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
    • Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs;
    • Interfere with or disrupt networks or websites associated with the Services or violate the regulations, policies or procedures of such networks;
    • Attempt to gain unauthorized access to the Actioned website, Services, other accounts, computer systems or networks associated with the Services, through password mining or any other means;
    • Interfere with another person’s use and enjoyment of the Services or use and enjoyment of similar services.
  • If you engage in any activity set forth above or violate any other Terms of Service, your account will be terminated and use of the Services prohibited. Actioned will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.
  • You agree to the terms of the Actioned Privacy Policy.

Communication

You acknowledge and agree that Actioned may send you information and notices regarding our services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

Sharing of Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Actioned, its users and the public.

Indemnity

You agree to defend, indemnify and hold harmless Actioned and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, directors, suppliers, other partners, employees and representatives from any claim or demand, including attorney’s fees, made by any third party to or arising out of your use of the site, or your use of or connection to Actioned (including any use by you on behalf of a third party). We reserve the right, at our own expense, to participate in or assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

We reserve the right to deny service to anyone, at any time, and for any reason, as allowed by law, or for any other reason.

Warranties and Disclaimers

Some jurisdictions do not allow the disclaimer of implied warranties in contracts with consumers and as a result, the contents of this section may not apply to you.

Your use of the site, and the site content, is at your sole risk unless otherwise explicitly stated. The site, including the information and Actioned services, are provided on an “as is” “as available” and “with all faults” basis. Actioned disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Actioned makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the site, any content on the site, or services.

Actioned makes no warranty or representation that: (a) the site and/or services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the site and/or services will be accurate or reliable; (c) the quality of any products, services, site content, information, or other material purchased or obtained from the site and/or services will meet your expectations or requirements; or (d) any errors in the site and/or services will be corrected. In particular, the site’s and/or services may be momentarily interrupted due to maintenance, updates, or technical improvements. Actioned disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Actioned disclaims all liability for any malfunctioning, the impossibility of access, or poor use conditions of the Actioned site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any site content from Actioned, including any damages resulting from computer viruses.

Actioned is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of comments or transmission of any other user-generated content) sent through Actioned to anyone.

In addition, we neither warrant nor represent that your use of the Actioned services will not infringe the rights of third parties. any material, service, or technology described or used on Actioned may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.

Actioned does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of the Actioned services by other users; therefore, Actioned declines all liability for inaccurate information; fraud; negligence; willful misconduct; or any other inappropriate use of Actioned.

Actioned does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of our site. Actioned, in our sole discretion, may interrupt the availability, accessibility, or usability of our Site and/or Services, without notice, at any time, without any liability.

Limitation of Liability

Some jurisdictions do not allow the limitation or exclusion of liability in contracts with consumers and as a result, the contents of this section may not apply to you.

To the full extent permitted by law, Actioned is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Actioned, even if Actioned has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use Actioned; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from Actioned; (c) statements or conduct of any third party on Actioned, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Actioned content or information you may download, use, rely upon, modify or distribute.

Termination of Service

Actioned reserves the right, at our sole discretion, to terminate any and all service provided to you and to deactivate your account at any time, without notice and for any reason. We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability.

We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account.

You acknowledge that any material breach of this Agreement may result in irreparable harm to Actioned for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Actioned will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Actioned seeks such an injunction.

Cancellation & Refund Policy

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Account link. Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that Actioned may for a time retain residual information and/or archival copies in its database.

Third Party Content

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Actioned is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site content, advertising, products, or other materials on or available from such sites or resources. Actioned will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site content, goods or services available on or through any such site or resource.

Use of Third Party Applications

From time to time, Actioned uses third-party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you, Actioned will pass data – including, but not limited to, user login credentials, contact data, email addresses, and other account information to third parties.

Jurisdiction

Your use of Actioned and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

While you may access Actioned from any country, we make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. By using our site, you agree to do so at your own risk and are responsible for complying with the laws of the jurisdiction wherever you access our Site.

Variations

Actioned reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified terms of service are not acceptable to you, do not conclude this agreement and do not use or access (or continue to use or access) the site, view, download, or otherwise use any Actioned webpage, app, information or services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Entire Agreement

This Terms of Service Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Service is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Service will remain in full force and effect.

Contact Details

For any questions, please contact us at:

Outmarketing Pty Ltd – ABN 53 095 332 586
Email: info@www.actioned.com


Last Updated: 9th December, 2018