Terms and Conditions

These Terms and Conditions apply to the products and services (“Service”, or “Services”) provided by eStoreReview PTY LTD (“eStoreReview”) which include, but not limited to, eStoreReview.com.au and eStoreReview.com. In these Terms and Conditions, the words "we", "us", “our” and "ours" refer to eStoreReview. We reserve the right to update and change the Terms and Conditions at any time without notice.

By using the eStoreReview and its Services, you are agreeing to these Terms and Conditions. Please read them carefully.

SERVICES

General Users

1. Your eStoreReview Account
   1. You are not required to register to use eStoreReview, but to gain full access to eStoreReview, you will be required to create an account and register as a Member ("Member", “Member Account”). By registering as a member, you are explicitly agreeing to these Terms and Conditions.
   2. As a member, you are responsible for all activity that occurs on your account. Do protect your member account and keep your password confidential.
   3. During registration, you will need to enter in a user name. The user name will be displayed whenever a member provides any user content including, but not limited to, reviews and comments. We may deny a user name and request a user change their user name where we determine that the user name is invalid.
   4. We may send you administration messages, service updates, and other communications. You may opt out of these communications in your account settings.
   5. We are entitled at any time and without notice, delete, suspend or change your member account where you do not comply with applicable laws, these Terms and Conditions or if we are investigating suspected misconduct.
   6. You are entitled to terminate or cancel your member account at any time, by providing written notice to us. All content provided by the member will still be available and will still be published on our website.
2. Your Content in our Services
   1. When you submit content (including but not limited to, reviews, comments, feedback, images) to our Services, you give eStoreReview worldwide licence, transferable, sub-licensable, non-confidential, non-exclusive, royalty-free rights to use, host, publish, display, store, communicate, reproduce, modify, publicly display, create derivative works and fully exploit (including commercially). We may freely use, transfer and update content and disclose to third parties. This licence continues even if you stop using our service.
   2. Members are liable for any content submitted on eStoreReview. We are in no way responsible for any content from members that could be classed as defamation. The member must guarantee that eStoreReview is held indemnified for any demand(s) that may be raised by a third party against us as a consequence of the member’s content.
   3. Members agree that all content, including reviews and comments, submitted is accurate, honest and truthful experiences and opinions. Any member attempting to, or if we believe a member has falsified content, will have their account removed or suspended.
   4. Members agree that they have all of the necessary rights, including copyright, to the content submitted, that the content is not defamatory and that the content does not infringe any laws.
   5. We require that all reviews submitted, be within 12 months from purchase. We reserve the right not to publish the content, where the purchase made exceeds 12 months.
   6. All content submitted must relate to the store from where the member has made the purchase of the product(s).
   7. Once a member has submitted the content on eStoreReview, it will not be removed, unless we deem the content has breached the Terms and Conditions. Content will continue to be published even if the member stops using our service.
   8. A member must not submit any content regarding companies where the member has a personal or professional relationship, unless the member is a store representative replying to another member’s content.
   9. Members must not submit content on the website that:
      1. is deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, political, sexist, sexual, pornographic, or has racist characteristics,
      2. breaches any applicable local, national or international law or regulation (e.g. copyrighted material),
      3. contains any personal information about yourself, another individual, or store employees, including – but not limited to – person’s name, address, phone number, email address, credit card information, personal details. Any details deemed by us as inappropriate or “unsafe” will be removed or modified depending on the severity as determined by us. e.g. masking personal names of store employees,
      4. contains links to other websites. Any links that are deemed inappropriate will be removed.
   10. eStoreReview only accepts a range of reviews, comments or content for particular stores (“Applicable Store”). Where the store is not on the eStoreReview, we may add the store to our list, but we do reserve the right to reject or remove stores for any reason. Please use the following as general guidelines and rules:
       1. No marketplace websites (e.g. eBay, Amazon, Etsy...),
       2. No daily deals websites (e.g. Groupon, Scoopon, CatchOfTheDay...),
       3. No travel/service based websites (e.g. Web design, TPG, Telstra, RACV, Jetstar, Qantas...),
       4. No digital goods purchases (e.g. iTune Videos, Hoyts movie ticket vouchers, ebooks...),
       5. No restaurants (e.g. MacDonald, Pizza Huts...),
       6. No websites which require paid memberships (e.g. RACV, RAC...),
       7. No tickets, vouchers or gift cards (e.g. event tickets, theme parks...),
       8. No closed or closing stores, or
       9. The online store does not have to be Australian store, however it must do delivery to Australia
   11. We may at any time request extra information about any content submitted by members, which may include supporting documentation such as proof of purchase.
   12. We reserve the right to delete or reject any content and may not provide an explanation. However, we shall strive to inform the member about the deletion and rationale.
3. Earning Points
   1. To earn Points, the member must be logged into their account, submit a review, and have that review published by us. Points will not be awarded where a review has not been published for any reason including, but not limited to, breaching the Terms and Conditions, or not an applicable store as deemed by us.
   2. You may check your Points balance at any time by logging in to your account.
   3. Points awarded to members cannot be transferred, sold, or moved to another member.
   4. We reserve the right at any time, to reverse or cancel any Points awarded to a member incorrectly, where the user has breached of the Terms and Conditions or if we are investigating suspected misconduct.
   5. Points will not expire as long as the member remains active and does not breach of the Terms and Conditions or have their account deleted or disabled.
   6. We reserve the right to revoke or remove Points provided to members where we believe that the member is in breach of the Terms and Conditions.
   7. Where a member has terminated or cancelled their service with us, all unused points will be lost and unrecoverable.
4. Redeeming Points for Rewards
   1. Rewards are subject to availability and are limited. We are not responsible if the reward is no longer available for any reason.
   2. You may only redeem the reward if you have sufficient Points in your account. The number of Points must be used in full to redeem the Reward.
   3. Rewards are provided as is. We endeavour to have all details of the rewards as accurate as possible. Where there is a major discrepancy with the description, we will allow members to contact us for refund of points. We will refund the Points to members as long as the item has not been sent or has been returned in original condition.
   4. We may, in our own discretion, accept or reject any redemption of Rewards where there is an error to the Points required for redemption or incorrect descriptions.
   5. Once a reward has been redeemed, it cannot be changed or refunded. If you contact us, we will try our best to accommodate, but this cannot be guaranteed especially if it has been sent.
   6. All rewards are sent to the details provided during the registration of a member. We will not be held liable where any member have entered their details incorrectly. Where rewards have not been sent, we will try our best to accommodate, but this cannot be guaranteed.
   7. We send reward by ordinary mail to Australian addresses only. Where the rewards monetary value is high (as deemed by us), we will request that the reward be sent via registered post, which will be at the expense of the member. Usually this is deducted from the value of the reward.
   8. We will endeavour to deliver rewards within 2 weeks, but this may not always be possible. Where rewards are not received within the timeframe, please contact us.
   9. We reserve the rights to remove any Reward for any reason.

Store Owners

1. Store Owner Memberships
   1. Store Owners or Store Representatives are not required register to use eStoreReview, but to gain full access to eStoreReview Store features, the store owner or representatives will be required to create an account and apply as a Store Owner Member ("Store Owner", “Store Account”). By registering as a store owner, you are explicitly agreeing to these Terms and Conditions on behalf of the store, company or organisation.
   2. As a store owner, you are able to browse through content provided without signing up as a member or store owner. By doing so you still are agreeing to these terms and conditions.
   3. When signing up as a store owner, the email address must be from the stores domain. Where the email is from a different domain, a confirmation email from the store’s domain will be required before we can verify you as the owner and provide your account with store functionality.
   4. Store Owners agree to indemnify us and hold us harmless for any demand(s) that may be raised by another third party or the store itself, against us as a consequence of a member’s (or anyone’s) content or actions.
   5. Our basic store owner’s plan is free and does not incur any costs.
   6. Where you believe that there has been incorrect content provided by a member, we can investigate further. However there must be sufficient evidence provided. We will make the judgement based on the information provided to determine if any actions will be performed.
   7. At times we may send communications to store owners with updates and changes to their account. You may opt out of communications in your account settings.
   8. We reserve the right not to remove any content, including, but not limited to, reviews and comments. We will only remove content where we believe that the content is falsified.
   9. As a store owner (browsing the website, joined as a member, or joined as a store owner), you agree not to provided false content, including, but not limited to, reviews or comments. Where we believe that a store has been falsifying content, we may disable and suspend your account and you will be liable for any damages, losses and subsequent costs. This includes actual, consequential and goodwill.
2. Store Member Subscriptions
   1. All promotions are for an available time only. eStoreReview reserve the rights to end the promotion at any time.
   2. We recommend that store owners update their privacy policy to reflect some customer details being provided to eStoreReview. We will not be held responsible for any damages or losses.
   3. Any customer information provided to eStoreReview is not used for any purpose other than sending the email review invitation. Once we have processed the customer order to send the invitaion email, the email provided by stores are destroyed.

GENERAL TERMS

1. Acceptable use
   1. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
   2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
   3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
2. External Links
   1. eStoreReview does include third party content (e.g. advertising, affiliate links) which is subject to the third parties terms and conditions of use.
   2. Links to external websites are not related to eStoreReview and we do not have any control or interest.
3. Privacy
   1. eStoreReview requests and collects different types of personal information when you use the website. You can find out more about our Privacy Policy here.
   2. As a part of these terms and conditions, you confirm you have read and accept our Privacy Policy.
4. Rights
   1. The content on the Website, including - but not limited to - reviews, comments, member content, graphics, images, icons, software, are the property of eStoreReview.
   2. You will not use our copyrights, or any confusingly similar marks, except as expressly permitted by us or with our prior written permission.
   3. Unless otherwise stated, eStoreReview own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
   4. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
   5. You must not:
      1. republish material from this website (including republication on another website);
      2. sell, rent or sub-license material from the website;
      3. show any material from the website in public;
      4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
      5. edit or otherwise modify any material on the website;
      6. redistribute material from this website, or
      7. Where content is specifically made available for redistribution, it may only be redistributed within the store’s company or organisation.
   6. We are unable to monitor all activity and content submitted by members before it is published, and cannot ensure that it is not offensive or abides the laws (e.g. copyright). If we do identify content to be copyrighted material it will be removed once notified. If you believe that any content has violated your copyright, please contact us and we will investigate and action appropriately.
5. Warranties and Disclaimers
   1. This website is provided “as is” and on an “as available” basis without any representations or warranties, express or implied. eStoreReview makes no representations or warranties in relation to this website or the information and materials provided on this website.
   2. eStoreReview does not warrant the content or accuracy of the content submitted by members on the website. Whilst we endeavour to ensure content is truthful, this cannot be guaranteed. We will not be held responsible or liable for the content provided by members. This includes content which has been modified as deemed necessary by us.
   3. All content submitted and published including, but not limited to, reviews and comments, are only guidelines. We will not be held responsible or liable for any claims, losses (actual and consequential) or damages (actual and consequential) with the usage of the website by, not limited to, members, store owners, or general public.
   4. The member must guarantee that eStoreReview is held indemnified for any demand(s) that may be raised by a third party against us as a consequence of the member’s content or actions.
   5. If you are using our service on behalf of a store, company or organisation, you are accepting the terms and conditions on behalf of the store, company or organisation. It will hold harmless and indemnify us from any claim, suit or action arising from or related to the use of the services or violation of these terms, including, but not limited to, any liability or expense arising from claims, losses, or damages.
   6. We reserve the right to close, delete or shut down the website at any time without notice.
   7. We reserve the right to update and change the Terms and Conditions at any time without notice.