Terms of Service
Last update: 31 May 2019
The website at https://www.getreminded.com is owned and operated by GetRemindedTM Pty Ltd ABN 83 620 016 604 (hereafter referred to as “GetReminded”, “we”, “us”, or “our”). GetReminded is a free mobile app (Australian app stores only as at May 2019) and web service that sends automated reminders about an expiring contract, policy, service or event based on a date nominated by the User. Reminder notifications and emails will include one or more relevant third party advertisements.
Your general browsing of the Platform and by setting up an Account on the GetReminded Platform, you (hereafter “you”, “your” or “User/s”) agree to comply with the following Terms of Service (“Terms”).
1. Key Terms
- “User” – an active Account holder on the Platform;
- “Account” – a user profile consisting of information collected during and after the registration process;
- “Content” – all text, graphics, images, video, documents, data or any other materials viewed on the Platform or in other communications channels;
- “Dashboard” – the screen/page on the Platform where registered Users can add, edit or delete personal reminders and information.
- “Intellectual Property Rights” – means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, logos, service marks, trade or business names, domain names, designs, confidential information, trade secrets and know-how and any other similar industrial, commercial and intellectual property rights or obligations whether or not registered or registrable (and includes the right to apply for the registration of such rights) in any country and whether existing in Australia or otherwise.
- “Platform” – the website, and GetReminded application software and databases that enable Users to set up an Account with at least one nominated expiry date for a contract, policy, or service including the Intellectual Property Rights in the Platform, the Dashboard and Content in accordance with the Services. It encompasses both the website and mobile application.
- “Services” – the services, information and resources provided by GetReminded to all Users via the Platform and all other communications channels, including the application and web service that sends automated reminders about an expiring contract, policy, service or event based on a date nominated by the User. Reminder notifications and emails will include one or more relevant third-party advertisements.
GetReminded, including its agents, contractors, officers, directors, shareholders, employees, and any other third parties associated with GetReminded Platform, to the maximum extent permitted by law, disclaim all liability and responsibility for, and you agree to release us from, any damage or loss that might be suffered by you or any other third party caused directly or indirectly by the use of the Platform. Except to the extent that these terms apply or as required by law, your use of the website and Platform and receipt of any information from us does not create any legal relationship between you and us.
GetReminded reserves the right to change these Terms at any time, including with respect to the timing and format of reminders. Before changing these terms, GetReminded will give Users notice of changes before they take effect, although this may not always be possible. Please check our Terms page for updates. Such modifications will be effective immediately upon posting (or if a date is specified in the notice, that date). Continued access or use of the Platform shall be deemed evidence of your acceptance of the modified Terms.
4. Governing Law
GetReminded is an online service intended for Users living in Australia. The laws of New South Wales, Australia, govern these Terms. All Users submit to the exclusive jurisdiction of the courts of that State for all matters relating to these Terms. Any dispute arising out of your use of the Platform will be subject to the exclusive courts of that jurisdiction. You may not assign any of your rights or obligations under these Terms without the prior written approval of GetReminded.
If any provision of these Terms is held by a court to be invalid or unenforceable, then such provision(s) shall be severed to the extent necessary to address such invalidity or unenforceability, with all other provisions remaining in full force and effect.
5. How the Platform Works
GetReminded does not charge Users any fees to open or operate an Account.
The GetReminded Platform provides Users with the means to nominate one or more expiry dates for personal contracts, policies, services or event.
Users must first create an Account by using a Facebook or Google profile or by registering with their name and email. A verification email will be sent to new Account signups, requiring a link to be clicked that verifies the submitted email address. You must not intentionally use the name of another living person and we reserve the right to terminate any Account that we suspect is being made by or on behalf of a user who has been suspended for breach of our Terms.
By creating an Account after verification Users are opting in to receive regular reminders by email. Users who download the mobile app from the Apple App Store or the Google Play Store must agree to receive reminder notifications within the app.
Users receive a series of emails containing a reminder of a nominated expiry date for a particular contract, policy, service or event. The emails will be sent at various intervals to alert Users about the expiry date and include advertising content related to the contract, policy, service or event.
Opening an Account automatically creates a Dashboard to manage reminders. Users can perform functions including changing the date of a reminder or deleting a reminder. Users can also delete their Account.
Unless a reminder is updated with a new expiry date, we will continue to provide an annual reminder as a courtesy.
6. No Spam Guarantee
GetReminded has a ‘No Spam Guarantee’. You will only receive reminder notifications at numerous intervals before and after the nominated expiry date. Reminder notifications may include advertiser content related to the category of the reminder. GetReminded will occasionally send administrative emails with general information and service updates that will exclude advertising content.
7. Third Party Advertising
Reminder detail screens in the mobile app and in emails sent to your email address may include third party advertisements that are relevant to the category and type of the nominated reminder. For example, a reminder about a mobile phone contract expiry may include advertising from one or more mobile phone companies.
Advertisers can only communicate with you by placing advertisements within the app and in emails sent from the Platform. GetReminded does not earn any commissions from sales arising from the advertisements published and sent from the Platform.
8. Your use of the Platform
In using the Platform you warrant you will not:
- Infringe on our Intellectual Property Rights or the Intellectual Property Rights of any third party;
- decompile, reverse engineer, disassemble, convert or authorise any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Platform to a human-perceivable form;
- distribute or republish any element of the Platform in any way;
- resell, rent, lease, license or lend any element of the Platform;
- defeat, disable or circumvent any security feature of the Platform;
- transfer any element of the Platform to any third party;
- use any data mining, robots, crawling, scraping, caching or similar data gather or extraction methods;
- register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
- sell, license, lease or in any way seek to commercialise any component of the Platform
9. Indemnity and force majeure
You agree to indemnify and hold us harmless and our employees, directors and agents from any and all losses arising from any breach of your obligations under these Terms and any third party claim arising directly or indirectly from:
- your breach of these Terms, a wrongful act or omission by you;
- your negligent, wilful or otherwise wrongful act or omission;
- any claim or allegation the Content infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another parties’ trade secret or confidential information.
We shall not be liable for any failure or delay in performance, or for any termination or cancellation of any agreement relating to your use of the Platform and the provision of our Services due to any act of God, war, technical malfunction of servers, computers, third-party software, the Platform, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond our reasonable control.
10. Security and availability
You acknowledge that the internet is an inherently insecure communication medium and that we rely on the availability of external networks and communication links, and that we cannot guarantee and do not warrant the security or availability of the Platform at all times.
However, we take all reasonable steps to maintain industry accepted standards, security and availability of this Platform.
You must not, nor must you permit any third party under your direction or control to, introduce any virus, disabling device or code, worm, trojan timebomb or other harmful or destructive code (Harmful Code) to the Platform, and if any Harmful Code is introduced you must promptly report that introduction to us and take all necessary action to eliminate the Harmful Code.
We use reasonable endeavours not to expose the Platform to any Harmful Code.
11. Links to Third Party Sites
Registered Users will receive emails and view in-app advertisements that contain links to websites controlled by parties other than GetReminded. GetReminded provides these links as relevant information for its Users. Except as expressly stated otherwise on the Platform, and to the maximum extent permitted by law, GetReminded is not responsible for and does not endorse, or accept any responsibility for, the use or content of these third-party sites. A User must always be cautious and take reasonable precautions to ensure that each such third-party site is free of viruses or other elements of an intrusive or illegal nature.
12. Termination of your Account
If you breach these Terms, GetReminded reserves the right to suspend or terminate your Account at any time without prior notice. GetReminded may, with or without prior notice, without liability to you, with or without cause, and at any time, terminate your access to the Platform. GetReminded’s proprietary rights, indemnities, disclaimer of warranties, limitations of liability and miscellaneous provisions shall survive any such termination. GetReminded may provide notice of termination by regular email, but is not obliged to do so.
You may cancel your GetReminded Account at any time by sending an email to [email protected].
13. Intellectual Property Rights
We own all intellectual property in GetReminded and the Platform, including any updates, enhancements and new features that we may add from time to time. All Platform images, graphics, video, text, software are the sole copyright of GetReminded Pty Ltd, its suppliers and partners unless expressly indicated otherwise.
You must not use framing technologies or embed in another website any of the material and content appearing on the Platform without the prior written consent of GetReminded.
You must not modify, copy or distribute the Platform Content in any way except as expressly provided for on the Platform or expressly authorised in writing by GetReminded.
You must not republish, reproduce, distribute, perform, display, post, transmit, or download the Content except as expressly provided for on the Platform or expressly authorised by GetReminded.
You may use the Content of the Platform only for the purpose of using Our Services and for no other purpose. Australian copyright and trademark laws protect all the Content on the Platform. These Terms enable you to use the Services provided by our Platform and you may not copy, modify, distribute, sell or lease any part of our intellectual property.
You agree to grant us an irrevocable, perpetual, non-exclusive, assignable, worldwide and royalty-free licence to use, store, reproduce, communicate, publish, display or distribute such information including any Content you contribute to the Platform in an anonymous manner and any Client Data. This right continues even if you no longer use our Services or the Platform.
All right, title and interest in all Intellectual Property Rights in the Platform and Content will remain vested in GetReminded and nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in the Platform and Content.
14. Information and Confidentiality
GetReminded takes all practical steps to maintain the accuracy and integrity of the information on the Platform. However, GetReminded does not guarantee its correctness, accuracy or completeness. The Platform may contain inaccuracies, omissions or errors. Furthermore, the possibility exists that Users or other persons may make unauthorised alterations or may add Content to the Platform without our knowledge or consent.
GetReminded disclaims all liability for any unauthorised alterations to the Platform, to the maximum extent permitted by law. If you believe that information found on the Platform is unauthorised, inaccurate or incomplete, please inform us by email to [email protected].
We do not claim ownership of any personal information you send to us or any other content, data or information that you may provide to us. You will continue to own any and all intellectual property rights in such information.
This means, for example, that we might use this information to compile statistical information for use in marketing GetReminded, to make improvements to GetReminded, or to develop complementary products or services. If you would like to know more about how we use, store or handle your personal information, please contact us at the email address stated below. You are responsible for maintaining your Account information and keeping your password confidential and restrict access to your Account. You are responsible for access to your Account and maintaining the security of your password.
16. Contact Details
Our Sydney office is located at:
119 Willoughby Road, Crows Nest NSW 2065 Australia.
We welcome feedback from our Users. Please send an email to [email protected].