1. TERMS OF SERVICE

1.1 The following document outlines the terms of use of the Loyalest website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

1.2 Before using any of the Loyalest services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE LOYALEST SERVICES (“SERVICES”). BY USING THE LOYALEST SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT LOYALEST’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

2. ACCEPTANCE OF TERMS

2.1 The web pages available at loyalest.com and all linked pages (“Site”), are owned and operated by Loyalest Pty Ltd. (“Loyalest”) and is accessed by you under the Terms of Use described below (“Terms”).

2.2 Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

3. DESCRIPTION OF SERVICE

3.1 The Site is an online service offering email marketing and automation services that are requested and scheduled to be worked on one task at a time, for one website per account. Services include, but are not limited to, any service and/or content Loyalest makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

3.2 Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Loyalest. Loyalest reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

4. REGISTRATION

4.1 As a condition to using Services, you are required to open an account with Loyalest and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Loyalest account.

4.2 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4.3 Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Loyalest of any security breach of your Account. Loyalest shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Loyalest account.

4.4 Services are available only to legal entities and to individuals who are at least 18 years old.

4.5 The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Loyalest Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

5. PAYMENT

5.1 You agree that you will pay for the Services, and that Loyalest may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LOYALEST WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

5.2 Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.

5.3 Prices for the Services may change at any time at Loyalest’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

6. USE OF SERVICES AND RENTED CONTENT

6.1 You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Loyalest and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Loyalest reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so.

6.2 Usage Rules may be controlled and monitored by Loyalest for compliance purposes, and Loyalest reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Loyalest. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

7. RELEASE AND INDEMNITY

7.1 You hereby expressly and irrevocably release and forever discharge Loyalest, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

7.2 You hereby agree to indemnify and hold harmless Loyalest, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Loyalest Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

8. LIMITATION OF LIABILITY

8.1 In no event shall Loyalest be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

8.2 LOYALEST, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY LOYALEST OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

9. INTELLECTUAL PROPERTY

9.1 Loyalest, loyalest.com and other Loyalest Pty Ltd graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Loyalest. Loyalest’s intellectual property may not be used in connection with any product or service without the prior written consent of Loyalest. Notwithstanding the foregoing, the images and icons available in the Loyalest Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Loyalest Site.

10. TASK REQUESTS & REASONABLE USE

10.1 Task requests must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request tasks please email task@loyalest.com.

10.2 Each request is subject to a maximum of 60 minutes of work. The effort required for work is exclusively determined by the Loyalest management. For work outside of the scope of the Loyalest 60 minute work agreement, Loyalest management may provide alternative solutions to the client including referral to the Loyalest partner network.

10.3 Loyalest provides services during weekdays for the standard business hours of 9am to 5pm AEST (GMT+10), but provides no guarantee either express or implied on the timeframe of when a task request can or will be resolved.

10.4 Your requests are subject to approval by Loyalest management or by its assigned agent.

11. NATURE OF TASK REQUESTS

11.1 Based on your account’s service package type; task requests should fall within the following categories with one task submitted per request:

◦  A Technical Task

◦ Implementation of an individual piece of email marketing material
◦ Configuration of an individual piece of email marketing material
◦ Optimisation of an individual piece of email marketing material
◦ Implementation of an individual marketing automation step in the automation workflow
◦ Configuration of an individual marketing automation step in the automation workflow
◦ Optimisation of an individual marketing automation step in the automation workflow
◦ Configuration assistance with additional software relevant to email marketing and automation
◦ Integration assistance with additional software relevant to email marketing and automation

◦ A Design Task

◦ Styling email marketing material layouts
◦ Styling email marketing material and elements with CSS
◦ Creative population and image manipulation for an individual piece of email marketing material
◦ Creation of email marketing basic graphics (e.g. buttons, banners, etc.)
◦ Optimization of email marketing material related CSS and images
◦ Revision of the drafted email marketing design

◦ A Copywriting Task

◦ Drafting email content from communications during a scheduled interview
◦ Revision of the drafted email marketing copywriting

11.2 If you are unsure about the whether or not a request meets these criteria, submit a task request via our task ticketing system and we will either accept the ticket or deny the ticket based on managerial approval.

11.3 Examples of requests which shall not meet Loyalest management approval:

◦ Tasks associated with the use of external email marketing platforms
◦ Tasks associated with the use of external automation platforms
◦ Custom code/script development tasks
◦ Landing page design tasks
◦ Non-email related technical tasks
◦ Non-email related design tasks
◦ Non-email related copywriting tasks
◦ Marketing strategy and advice outside the scope of Loyalest offerings
◦ Multitask request; request containing more than one task per request. In such cases the task may need to be broken down into individual tasks and resubmitted for approval.

11.4 Any task deemed by Loyalest management to exceed 60 minutes effort.

12. THIRD-PARTY MATERIALS

12.1 Certain services available may include materials from third parties. Loyalest may provide links to third-party websites as a convenience to you. You agree that Loyalest is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Loyalest is not in any way responsible for any such use by you.

13. UNLIMITED AND REASONABLE USE

13.1 The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Loyalest management, at its sole and exclusive discretion. Customers deemed to be abusing the Loyalest service will be contacted by the Loyalest management. Loyalest management retains the sole and absolute discretion to suspend service to you if we deem necessary.

14. TERMINATION & CANCELLATION

14.1 Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.

14.2 Loyalest may terminate or suspend any and all Services and/or your Loyalest account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Loyalest account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.3 You can contact us through the contact page to issue a termination request.

15. CHANGE

15.1 Loyalest reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Loyalest will notify you by posting an announcement on the site. What constitutes a material change will be determined at Loyalest’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

16. MISCELLANEOUS

16.1 No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Loyalest in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Loyalest shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Loyalest’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Loyalest may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of Australia, as if made within Brisbane between two residents thereof, the parties submit to the exclusive jurisdiction of Brisbane courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.

Last Updated: 03-October-2016