Terms of Use

Handle My Complaint Terms of Use Policy – updated 8th October 2019

By using any applications (including mobile applications) made available by Handle My Complaint Pty Ltd you agree to the following terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time (the “Terms”).

Privacy

We recognise how important your privacy is to you, and understand that you choose to use Handle My Complaint because we keep conversations private.

Handle My Complaint’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Service. By using Handle My Complaint, you agree that we can use this data, in accordance with our Privacy Policy.

Copyright and intellectual property

When you communicate using Handle My Complaint, you are submitting content (“Content”). You keep ownership of any intellectual property rights that you hold in that Content.

When you submit content, you give Handle My Complaint a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use this Content, subject to Handle My Complaint Privacy Policy (available here https://handlemycomplaint.com.au/privacy/). This license continues even if you stop using Handle My Complaint.

It is your responsibility to ensure that you have the necessary rights to grant us this license for any Content that you submit.

We always appreciate your feedback or other suggestions about Handle My Complaint, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Your responsibility for good conduct

Handle My Complaint is intended to be a respectful medium. Your messages must not contain Content which is offensive. For the avoidance of doubt, we consider offensive content to be that which includes (but is not limited to):

• Swearing, whether written or recorded; sexually explicit, hateful, discriminatory or threatening language, whether written or recorded, or
• Images which are violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive.

Your messages should be relevant and sincere, and not be dishonest. You should not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or organisations or use Handle My Complaint in a vexatious manner.

Do not use Handle My Complaint in such a way that distracts you and prevents you from obeying traffic or safety laws.

You agree that Handle My Complaint is not responsible for, and does not endorse Content, and makes no representations on behalf of organisations or people listed in Handle My Complaint.

Handle My Complaint does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.

With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Handle My Complaint prohibits the creation of and you agree that you will not create an account for anyone other than yourself and you understand that Handle My Complaint may take steps to verify the validity of the email address you provide.

You agree that you will not solicit, collect or use the login credentials of other Handle My Complaint users. You are responsible for keeping your own password secret and secure.

You may not use Handle My Complaint for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of Handle My Complaint and your Content (defined above), including but not limited to, copyright laws.

You must not access Handle My Complaint’s servers by means other than those permitted by Handle My Complaint.

You must not interfere with or disrupt Handle My Complaint servers or networks connected to Handle My Complaint, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way Handle My Complaint operates.

You must not create Handle My Complaint accounts through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Handle My Complaint may, at its sole discretion, suspend or stop providing your use of Handle My Complaint by blocking your account if you do not comply with the letter or spirit of our terms or policies.

Indemnity

You agree to hold harmless and indemnify Handle My Complaint, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Handle My Complaint and Partners”) from and against any third party claim arising from or in any way related to your use of Handle My Complaint, violation of the Terms or any other actions connected with use of Handle My Complaint, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Handle My Complaint will provide you with written notice of such claim, suit or action.

No warranties

Handle My Complaint is provided using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Service.
To the extent permitted by law, we exclude all warranties.

You accept that Handle My Complaint makes no guarantees as to:

• the availability of Handle My Complaint
• the timeliness of the delivery of messages sent via Handle My Complaint, or
• the responsiveness of people or organisations in responding to messages sent via Handle My Complaint.

Your use of Handle My Complaint is at your sole risk. Other than as expressly set out in these terms or additional terms, neither Handle My Complaint nor its suppliers or distributors make any specific promises about Handle My Complaint. For example, we don’t make any commitments about the content within Handle My Complaint, the specific functions of Handle My Complaint, or its reliability, availability, or ability to meet your needs. We provide Handle My Complaint “as is” and “with all faults”.

By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

You acknowledge that Handle My Complaint is not intended as a means of reporting an emergency and that Handle My Complaint makes no guarantees as to the availability of its Service.

Limitation of liability

You expressly understand and agree that Handle My Complaint and Partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Handle My Complaint or Partners have been advised of the possibility of such damages) resulting from:

(i) the use or the inability to use the Handle My Complaint Service;

(ii) 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 the Handle My Complaint Service;

(iii) unauthorised access to or alteration of your transmissions or data;

(iv) statements or conduct of any third party on Handle My Complaint Service; or

(v) any other matter relating to the Handle My Complaint Service.

Except as otherwise described in Handle My Complaint’s Privacy Policy, available at https://handlemycomplaint.com.au/privacy/, as between you and Handle My Complaint, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Handle My Complaint is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Handle My Complaint in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Handle My Complaint, and Handle My Complaint will not be liable for any use or disclosure of any Content you provide.

You agree that you are responsible for all data charges you incur through use of the Service.
You agree that any material obtained through the use of Handle My Complaint is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

Governing law

This agreement is governed by the law of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Entire agreement

This agreement embodies the entire agreement of the parties about its subject matter. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force.
Handle My Complaint may assign these Terms of Use or any rights hereunder without your consent.

Termination

We are constantly changing and improving Handle My Complaint. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using Handle My Complaint at any time, although we’ll be sorry to see you go.

LAST UPDATED October 8, 2019.