Terms & Conditions
Here at Social Soup, we take your privacy and the security of information you give us very seriously. So seriously, in fact, that we dedicate the next several pages to explaining all the ins and outs of our policy (see below). But while this information is extremely important, it’s also a little sleep inducing. So we’ve gone ahead and done a speedy version for you…
In a nutshell, we keep your details safe and secure. We’ll always be transparent about why we’re asking for information and what it will be used for. We’ll do our absolute utmost not to abuse your trust. If at any time you think we’ve dropped the ball, contact us at email@example.com. In the unlikely event that we don’t address your complaint to your satisfaction, you can speak to the guys at the Office of the Australian Information Commissioner (OAIC) through their website www.oaic.gov.au.
And now for the sleepy version…
Privacy Collection Statement
The Little Corporation Pty Limited (ABN 77 123 825 669) (trading as “SOCIAL SOUP”) is committed to respecting the privacy of your personal information.
- our online properties (here and after, each a “Website”), including:
- our websites, including, but not limited to, www.socialsoup.com;
- any of our related websites, social media pages, internal websites; and
- any of our mobile or tablet applications including the Social Soup App;
- any other means through which an individual provides personal information to SOCIAL SOUP, including either physically or electronically; and
- any other means through which we lawfully collect personal information about you.
Kinds of personal information that we collect and hold
Generally, the type of personal information we collect about you includes your name, gender, date of birth, email address, address and telephone number. We may also collect:
- more detailed contact preferences;
- your Apple AppStore and/or Google Play Store ID and your unique device identifier (UDID);
- your social media handles, profile photos and login details including usernames;
- location information;
- photographs of you that you submit to us;
- social media posts;
- your occupation and information regarding your professional history and professional interests;
- information regarding your personal interests and interesting and relevant information about you;
- information about your preferences, interests, and experiences with our products or services. This information is collected in order to tailor our communications to you and continuously improve our products and services;
- information about your experience with our products or services or third party products or services, including reviews;
- the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to us and used for the purposes set out in this policy (which may include using their details for marketing purposes); and
When you use the Social Soup Website (including the Social Soup App), we may also collect personal information about you in the following general categories:
- device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
- other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with the Website.
How we collect your personal information
- via our Websites;
- when you deal with us over the telephone;
- when you send us correspondence (whether by letter, fax or email);
- when you have contact with us in person or via any medium;
- when you sign up to become a member of SOCIAL SOUP;
- when you download and use the Social Soup App;
- when you submit any content to or participate in a Collection Channel, including engaging with other users or taking part in projects and surveys;
- when you comment or post on social media using a project or other hashtag as notified by us;
- when you participate in promotions, offers or marketing activities;
- when you interact with a Website for a specific purpose or interact with or browse a Website generally; or
- when you subscribe to any of our services includes newsletters, updates or alerts.
We may also source your personal information from a third party where it is lawful for us to dos so and/or you have given permission for them to share your personal information, including social media platforms such as Instagram and databases which you have signed up to and agreed to be contacted by other companies. If we collect personal information about you in this way, we will take reasonable steps to contact you and inform you of this.
Passive Information Collection
As with many commercial websites and mobile and tablet applications, we may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally including when you are logged into an account, you consent to the collection of such information where it is personal information.
Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third party website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.
Mobile platforms such as iOS and Android generally define certain types of information or data that applications cannot access without your consent. Each platform has its own permissions system for obtaining your consent. For example, the iOS platform generally alerts you the first time a SOCIAL SOUP app wants permission to access certain types of data, such as location services, and will let you choose whether or not to consent to that request. Android devices will generally notify you of the permissions that an app seeks before you first use the app, and your use of the app constitutes your consent. You can generally manage your platform level permissions via the Settings section on your device. For more information, please contact our Privacy Officer at the details set out in this policy.
The collection of personal information is neither intended for, nor directed to, persons who are under the age of thirteen (13) years old. Personal information will not be collected by any person who is known by SOCIAL SOUP to be under the age of eighteen (18) without the consent of a parent or legal guardian. Persons under age eighteen (18) may only use our Websites with the involvement and consent of a parent or legal guardian.
The security of the information you provide
We are committed to ensuring the information you provide us is secure. We will endeavour to take all reasonable steps to keep secure any personal information recorded and to keep this information accurate, up to date, complete and relevant. We ensure only those necessary have access to your personal information. Physical, electronic and managerial procedures have been put in place to reasonably secure any information collected from misuse, interference or loss, and in order to prevent unauthorised access, modification to or disclosure of that information. Your information is stored in our own servers located in Australia in secure facilities. We do not share access to these servers with any third parties.
How we use or disclose your personal information
We will use and disclose personal information for the primary purpose for which it was collected, which is to provide you with the SOCIAL SOUP service including as follows:
- for the purposes stated in a privacy collection statement on a particular Collection Channel;
- to maintain the functionality of a Website;
- to send you any technical, administrative or legal notices important to our Websites;
- to allow you to create an account, sign in and use the functionality of a particular Collection Channel including the Social Soup App;
- to allow you to take part in projects and surveys, submit content and earn and access rewards (if applicable);
- to allow you to publish posts to your social media channels via a Collection Channel;
- to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel;
- to maintain our relationship with you;
- to provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages;
- to respond to member enquiries, complaints and complaints handling;
- to improve Website and system administration;
- to obtain opinions or comments about products and/or services and to conduct other research and development;
- to record statistical data for marketing analysis and to conduct market research; and
- to share personal information with our group companies, our promotional partners, trusted brands, clients and customers and their related bodies corporate and agents, and other trusted third parties in the manner described below.
We may also use personal information for purposes related or ancillary to the main reasons we collect it, such as invitations to events and to improve our service and communications and in respect of other services offered by us.
For the purposes described above, personal information may be shared with our group companies, promotional partners and their related bodies corporate, our clients and customers and other trusted third parties (and their directors, servants and agents) either in Australia or overseas. Failure to provide personal information may result in SOCIAL SOUP being unable to provide you with access to the SOCIAL SOUP service (including a Website) and with certain content, information and upcoming opportunity, promotion, event or product information and/or accept content and promotion entries.
In order to operate a Website or deliver a service (including for example, processing of credit card payments), personal information may also be shared group companies, selected service providers and their related bodies corporate, and/or other trusted third parties either in Australia or overseas countries. SOCIAL SOUP group companies, selected service providers and/or other trusted third parties may be engaged to perform a variety of functions, such as legal and accounting services, fulfilment, logistics and printing services, data storage, conducting market research, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions.
Contact by SOCIAL SOUP
SOCIAL SOUP (and our directors, servants and agents) and its promotional partners and their related bodies corporate, or trusted third parties and other selected service providers, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
Gaining access to information we hold about you
On a case by case basis SOCIAL SOUP may determine that it is not required to give an individual access to personal information to the extent that it is lawful for SOCIAL SOUP to do so. If such a determination is made, then we will provide you with a written notice.
Where you are seeking information held on electronic file, or where you are seeking hard copies of personal information, we reserve the right to charge reasonable handling/ postage fees as appropriate. With some personal information that may be stored, for example where it is held on program tapes, it is not practical to provide this information to you without charging an appropriate fee as we deem reasonable in those circumstances.
Keeping your personal information up-to-date
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it.
If any of the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately (see below for details) and we will take reasonable steps to correct this information or, if necessary, we will discuss alternative action with you. You may also update your profile details via your account
In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.
We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.
Disclosure of personal information to overseas recipients
In some cases, SOCIAL SOUP may disclose your personal information to overseas recipients. SOCIAL SOUP’s employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by SOCIAL SOUP. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. SOCIAL SOUP will not be held responsible for events arising from unauthorised access to personal information.
Links to other websites
Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. SOCIAL SOUP is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.
We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by SOCIAL SOUP or any of its affiliates. SOCIAL SOUP is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.
Sale of the Company
How to contact us
Phone: 02 9356 7500
We will respond to your query or complaint as soon as possible. Please allow 30 days for your request to be processed. If we do not handle your enquiry or complaint to your satisfaction or you believe any of our services do not comply with the Australian Privacy Principles you may make a complaint to the Australian Information Commissioner (OAIC) through their website: http://www.oaic.gov.au. But we sincerely hope it doesn’t come to that.
- https://www.socialsoup.com/ and all associated pages, websites and sub-domains (“Site”), the Social Soup mobile application (“App”), and the services we offer on the Site and the App or via any other method (“Service”) are owned, operated and supplied by The Little Corporation Pty Limited (ABN 77 123 825 669) trading as Social Soup (“SOCIAL SOUP”).
- The Site and the App are the main mediums SOCIAL SOUP uses to interact with Members, including delivering messages, inviting Members to apply for and participate in projects and surveys, to communicate with other Members, to respond to surveys and, if applicable, to access rewards and prizes.
- To use all features of the App and for updates, you must enable 3G or 4G and/or WiFi data connection and grant the device permissions requested as and when notified on your compatible mobile device. Any costs associated with downloading, installing, accessing or using the Site, the App or the Service remain your responsibility and depend on the service provider used.
- SOCIAL SOUP makes no representation that the Site, the App or the Service (or any element of the Site, the App or the Service) is appropriate or available for use in all locations.
Acceptance of Terms
- SOCIAL SOUP reserves the right to modify the Site and/or App and withdraw the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Social Soup will not be liable to any person if for any reason the Site, App and/or Service is unavailable at any time or for any period.
Registering an account
- SOCIAL SOUP may use a “double opt-in system” that requires you to respond to a registration email (if registering via the Site) or access an activation SMS (if registering via the App) before your account is activated. If you do not activate your account and complete any other steps as required your membership will not take effect.
- SOCIAL SOUP reserves the right to reject any new Member application from any person with or without cause in its sole discretion. No correspondence will be entered into.
- All information provided when registering an account must be current, correct and complete. Incomplete, ineligible or incomprehensible account registrations will not be valid. You must be logged in to your account in the manner required each time you wish to use the Service. You may never use another person’s account without their permission.
- You are responsible for maintaining the strict confidentiality of your account details and for any activity under your account. You agree to immediately notify SOCIAL SOUP of any unauthorised use of your account or any other breach of security. SOCIAL SOUP will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- You understand that in creating an account you are providing information to SOCIAL SOUP and not to any social media platform. Members of the Service are solely responsible and liable for any material or information they transmit to other users. To the extent permitted by law, each Member agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the Member in respect of their use of the Service. Any questions, comments or complaints about the Service, Site or App must be directed to SOCIAL SOUP and not to any media or social media platforms. For the purposes of this provision, SOCIAL SOUP contracts on its own behalf and also as trustee for the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms.
Conditions of Membership
- Members must agree to accept project and survey invitations and other communications by email, SMS and in-App messages. In addition, Members may elect to receive email and in-App offers for exclusive access to rewards and gifts and to give their opinion in relation to goods and services offered by third parties, including SOCIAL SOUP’S clients and customers. Any rewards and prizes (if applicable) will be in favour of the relevant Member and will be delivered to the address specified in their account profile (if applicable). Rewards and prizes must be taken as offered and are not transferable to any other person.
- SOCIAL SOUP may also communicate with Members from time to time for other reasons and for no reward, including to provide system updates; bulletins; administrative announcements; direct marketing; and special requests. Such notices may be sent via email, in-App notification, SMS, or regular mail or any other medium. Members using the App agree to receive push notifications, which may be turned off in their compatible mobile device settings.
- As a condition of membership Members hereby represent and warrant that:
- They are a permanent resident of Australia;
- All information supplied is complete, true and accurate and not misleading;
- They must not maintain more than one account on the Site and/or App and understand that a limit of 3 Memberships apply to one postal address;
- They must inform SOCIAL SOUP of any change in their contact details, including email address and street address. Contact details and preferences must be updated using the facility provided on the Site and/or the App.
- They will not send unsolicited email (SPAM) to promote the Service;
- They will keep their account username and password details secure and will not allow other people to access their account. In the event that they suspect a security breach they will immediately notify SOCIAL SOUP; and
- They will have a cracking time being a Member of SOCIAL SOUP!
- You are solely responsible for your interactions with other users of the Service. You agree that SOCIAL SOUP is not responsible for the conduct of any Member.
- Members using the Service will be able to participate in projects and surveys and contribute reviews, photographs, comments and other materials (“Content”), which may be posted or published on the Site, the App and/or on the Member’s own social media channels.
- SOCIAL SOUP has two categories of Members, Soupers and Brand Ambassadors (sometimes called influencers). Brand Ambassadors are Soupers who have a significant social media following of more than 1000 followers on a particular social media channel.
- Where any Member has received any benefit, payment or consideration for any Content, including value in kind from a SOCIAL SOUP client or customer, Members must clearly disclose their relationship with the relevant third party in the Content.
- SOCIAL SOUP requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your social media channels that there is a relationship between you and the third party. For Soupers, this might be by thanking the relevant brand in your post or making it clear that your post is a review of a particular product. For Brand Ambassadors, this may be achieved through the use of a hashtag combining the third party brand name and the word ‘ambassador’ (i.e. #[brandname]ambassador) (recommended) or, if the third party brand name is mentioned in your social media post, through the use of the hashtag #ambassador, or through other means suitable to your particular circumstances or as directed by SOCIAL SOUP.
- SOCIAL SOUP reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Members in relation to particular posts or your Content generally and to require greater levels of disclosure (at SOCIAL SOUP’S sole discretion) or, if you do not agree to the required levels of disclosure, to remove you from the Site, the App and/or Service.
- You warrant, in respect of all Content you upload to the Site and/or App or otherwise create as part of your use of or in association with the Service that:
- The relevant Content does not violate the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity;
- The relevant Content does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
- The Content will not contain indecent, defamatory, menacing, offensive or unlawful content, or otherwise bring SOCIAL SOUP, the Site, App or the Service into disrepute;
- Any and all opinions and views stated in the relevant Content are genuinely held by you;
- And any and all statements in the relevant Content regarding your use and experience of a product or service are true and correct and fairly represent that use and experience and you will promptly notify SOCIAL SOUP if your opinion of the product or service changes from that which you have expressed to date;
- The relevant Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- The relevant Content is original and does not contain materials that have been previously broadcast, streamed, published or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party;
- The mere use of the Content and the exercise of the intellectual property rights in the relevant Content by SOCIAL SOUP (and its successors, assigns and licencees) will not infringe any legal rights, copyright or other intellectual property rights of any person or entity nor give rise to a liability to pay compensation.
- You acknowledge and agree that SOCIAL SOUP has the right at any time to request that you remove any Content posted via the Service from your social media channels and that you will comply with such a request immediately upon receipt of notification.
Social Soup Clients
- As part of the Site, the App and the Service, Members may be presented with promotions, gifts, and testing ads from our clients (“Third Party Promotions”). All Third Party Promotions are paid for or authorised by the advertiser and do not represent an endorsement or recommendation by SOCIAL SOUP or its affiliates, or their directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, goods or services, are solely between the relevant Member and the advertiser or other third party. Members hereby agree that SOCIAL SOUP will not be held responsible or liable for any part of any such dealings.
- SOCIAL SOUP may provide links to third parties’ websites (“Linked Sites”). Those links are provided for convenience only and may not remain current or be maintained. Unless otherwise notified on the Site or App, Linked Sites are not reviewed, controlled or examined by SOCIAL SOUP in any way. SOCIAL SOUP is not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.
- Except as otherwise explicitly stated on the Site or App, SOCIAL SOUP’s link with Linked Sites does not imply SOCIAL SOUP’s endorsement of, or association with, the Linked Sites. It is the Member’s sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.
- In no event shall SOCIAL SOUP be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through the Linked Sites. Members should direct any concerns to the relevant Linked Site’s administrator or Webmaster. SOCIAL SOUP reserves the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or App and/or introduce different features or links to different Members.
- SOCIAL SOUP may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Service, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the App accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features of the Service. SOCIAL SOUP is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
- You will of course appreciate that SOCIAL SOUP cannot accept responsibility for a number of matters relating to this Site, the App and the Service because – like the conduct of other Members – they are outside of SOCIAL SOUP’s reasonable control.
- All information provided by SOCIAL SOUP on the Site and the App is provided in good faith. You accept that any information provided by SOCIAL SOUP is general information and is not in the nature of advice. SOCIAL SOUP derives its information from sources which SOCIAL SOUP believes to be accurate and up to date as at the date of publication and SOCIAL SOUP reserves the right to update this information at any time.
- This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of SOCIAL SOUP for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst SOCIAL SOUP endeavours to take all reasonable steps to ensure that the App, the Site and the Service operates as expected, the App, the Site and the Service and the entire contents of each are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. SOCIAL SOUP disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. SOCIAL SOUP does not make any guarantees and does not provide any undertaking that the Site, the App and/or the Service will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that your use of the Site, the App and/or the Service are at your own risk and that SOCIAL SOUP disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Site, the App and/or the Service, whether they are direct, indirect or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Site, the App or the Service. You assume total responsibility for your use of the Site, the App and/or the Service, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against SOCIAL SOUP for dissatisfaction with the Site, the App or the Service or any content is to stop using the Site, the App or the Service or such content. This limitation of relief is a part of the bargain between the parties.
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- Consumer has the same meaning as given in section 3 of the Australian Consumer Law;
- Consumer Goods means ‘goods of a kind ordinarily acquired for personal, household or domestic use or consumption’, as that expression is used in section 3 of the Australian Consumer Law;
- Consumer Guarantee means a Consumer Guarantee applicable to this Services Agreement under the Australian Consumer Law, including any Express Warranty;
- Consumer Services means ‘services of a kind ordinarily acquired for personal, household or domestic use or consumption’, as that expression is used in section 3 of the Australian Consumer Law;
- Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law;
- Fair or Reasonable means ‘fair or reasonable’ for the purposes of section 64A of the Australian Consumer Law.
Limitation of Liability
- In using the Site, the App or the Service, you may be exposed to material that is harmful, obscene, misleading or inaccurate. Under no circumstances will SOCIAL SOUP be liable in any way for such material, including but not limited to any errors or omissions in such material or any loss or damage of any kind incurred as a result of any use of material posted, transmitted or otherwise made available via the Site, the App or the Service.
- This does not affect SOCIAL SOUP’s or any client’s liability for death or personal injury arising from its or their negligence, or liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- SOCIAL SOUP shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the Site and/or the App or to any person who has supplied false or misleading personal information.
- Members using the Service may have access to third party products and services, including for the purpose of reviewing those products or services or as rewards or prizes. SOCIAL SOUP excludes all liability (including negligence) except for any liability that cannot be excluded by law for any direct or indirect injury, loss and/or damage arising in any way out of a Member’s acceptance and/or use of any such third party product or service. Applicable manufacturers and/or distributors should be contacted in regards to all warranty claims (where applicable) and any claim for loss and/or damage associated with their products and/or service.
- Members may terminate their membership with SOCIAL SOUP at any time by using the facility provided on the Site or the App. If a Member’s email address becomes invalid or unusable SOCIAL SOUP will suspend that Member’s account for a period of 30 days from the time we become aware of the problem. During the period of suspension, the Member will be able to access their account to update the Member’s email address. Other than a notification on the Site or via the App, SOCIAL SOUP will not be responsible for notifying Members that their account has been suspended.
- SOCIAL SOUP reserves the right to terminate a Membership without notice or cause, at its sole discretion or for any reason, including if:
- Member’s account has been suspended for more than 30 days;
- Member has failed to log in to the Site or the App for a period of more than 6 continuous months;
- SOCIAL SOUP believes that any conduct by a Member is deemed to be detrimental to the business interests or reputation of SOCIAL SOUP; or
- Any action has been taken by a Member that harms or potentially harms SOCIAL SOUP or its relationships with its Members, suppliers, affiliates, clients, partners and/or providers of Third Party Promotions.
- If SOCIAL SOUP terminates a Member’s membership, that Member’s access to the Site, the App and the Service will also cease. Once a Member’s membership has been terminated by SOCIAL SOUP, that former Member will be ineligible to re-enrol at any future date.
Viruses, Hacking and Other Offences
- Members must not misuse the Site or the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Members must not attempt to gain unauthorised access to the Site or the App, the server on which the Site or the App is stored or any server, computer or database connected to the Site or the App. Members must not attack the Site or the App via a denial-of-service attack or a distributed denial-of service attack. If a Member engages in such conduct, their right to use the Site and the App will cease immediately.
- Members will report any such conduct to the relevant law enforcement authorities and Members hereby agree to co-operate with those authorities by disclosing their identity to them and providing all reasonable assistance in relation to the inquiries of such authorities.
- SOCIAL SOUP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Member’s computer equipment, computer programs, data or other proprietary material due to use of the Site or the App or to a Member downloading of any material posted on it, or on any website linked to the Site or the App.
- Generally, any word or device to which is attached the TM or ® symbol is a trade mark, which are owned either by us or a third party, including a client. For example, the name “SOCIAL SOUP” and socialsoup.com are trademarks of SOCIAL SOUP. If you use any of SOCIAL SOUP’s trade marks in reference to SOCIAL SOUP’S activities, products or services, you must include a statement attributing that trade mark to SOCIAL SOUP. You must not use any of SOCIAL SOUP’S trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not SOCIAL SOUP’s;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages SOCIAL SOUP or our information, products or services (including this Site or the App).
- You must seek permission to use third party trade mark directly from the owner of those trade marks.
- Members must not post or transmit any material on the Site, the App or Service in which the copyright (or other intellectual property rights) is owned by another person or entity without appropriate permission from that person or entity. Members therefore warrant that all material submitted to the Site, the App or as part of the Service is that Member’s original work.
- Members acknowledge that any information or material submitted by them to the Site, the App or as part of the Service, including any discussion forum or on any third party website linked to their account, is and will be treated by SOCIAL SOUP as non-confidential and non-proprietary and SOCIAL SOUP may use such material without restriction or limitation (including passing that material on to our clients for their use without restriction or limitation, including publishing on their own sites and in other media and for marketing purposes) or payment to the Member.
- When a Member posts or transmits Content or any material on the Site, the App or the Service, that Member absolutely and unconditionally assigns to SOCIAL SOUP all right, title and interest in all intellectual property rights, including copyright, which subsists in such Content or material. For the purposes of this assignment, “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, 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.
- The Member acknowledges and agrees that the Content and material assigned and all intellectual property rights subsisting in the Content and material irrevocably becomes the property of SOCIAL SOUP. The assignment set out in clause 61 is absolute, worldwide and for all uses and purposes including, without limitation, marketing or promoting SOCIAL SOUP’s or a client or customer’s products or services in any media, the re-assignment to any other person or entity (including SOCIAL SOUP’S clients and customers), licensing to any other person or entity (including SOCIAL SOUP’S clients and customers), the making of any copies, modifications, enhancements, adaptations or versions of the Content or material, creating derivative works, and including any releases of the Content or material in any medium. The Member must, upon request by SOCIAL SOUP, execute all documents and perform all acts necessary to vest all intellectual property rights in the Content or material in SOCIAL SOUP.
- In some circumstances, SOCIAL SOUP may create a unique hashtag for use by Members for a certain project or survey. In the event that the Member posts Content or other material using the unique hashtag directly to a social media platform, rather than via the Site or the App, the Member grants to SOCIAL SOUP a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence (and agrees to use their best endeavours to procure any relevant third parties to grant to SOCIAL SOUP such a licence) to use the Content or material in any way including marketing or promoting SOCIAL SOUP’s or a client or customer’s products or services in any media, making of any copies, modifications, enhancements, adaptations or versions of the Content or material, creating derivative works, and including any releases of the Content or material in any medium, without the further consent of the Member and without any further compensation payable to the Member.
- To the extent necessary, Members consent to any acts by SOCIAL SOUP or SOCIAL SOUP’s licensees or assignees that may infringe that Member’s moral rights in the material that the Member creates (for example, SOCIAL SOUP may not always be able to identify the Member as the author of the material that they create and submit to the Site and/or App).
- The Member agrees to release SOCIAL SOUP and its successors and assigns, licencees, employees, servants or agents from any claims for remuneration or other compensation associated with any form of damage, whether foreseeable or not, sustained or suffered by the Member (or any other person), associated with the commercial or artistic use of the Content or material. The Member waives any right to inspect or approve the Content or any use of it.
- The Member warrants that the Member and any other person featured in the Content consents to SOCIAL SOUP and its successors, licencees and assigns (which may include SOCIAL SOUP’S clients and customers) using the name, image, likeness and/or voice (including photograph, film and/or recording of the same) of the Member and/or other person in any media worldwide for an unlimited period of time without further notification, remuneration or compensation of any kind payable to the Member or other person for any purpose including promoting any products or services manufactured, distributed and/or supplied by SOCIAL SOUP or its successors, licencees and assigns.
- Members agree not to at any time claim or assert that any use of the Content by SOCIAL SOUP and/or its successors, licencees and assigns infringes any right (including intellectual property rights) of the Member in the Content.
- Members further acknowledge and agree that content contained in sponsorship, advertisements or information presented to Members through the Service or by advertisers may be protected by copyright, trade mark, patent or other proprietary rights and laws. Except as expressly authorised by SOCIAL SOUP, Members agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, App or the Site, in whole or in part.
- All right, title and interest in all intellectual property rights in all of SOCIAL SOUP’S brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the App, the Site or the Service (the “Brand Features”) are the property of SOCIAL SOUP and will remain or be vested in SOCIAL SOUP at all times. Your use of the Service will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features. SOCIAL SOUP, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Site, the App or the Service (as applicable).
- You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Site or the App to a human perceivable form; distribute or republish any element of the Site or the App in any way; resell, rent, lease or lend any element of the Site or the App; defeat, disable or circumvent any security feature of the Site or the App; or transfer any element of the Site or the App to any third party.
- You accept that any disputes about the Service, the Site or the App or their contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
- This Site and the App may be accessed throughout Australia and overseas. SOCIAL SOUP makes no representation that the content of this Site, the App, or the Service, complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Site or the App from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
- If you are the driver of a vehicle (or other form of transport), you must not use the Site and/or App while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Site and/or App when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Site and/or App. In the interests of safety at all other times, SOCIAL SOUP recommends that you only use the Site and/or App when it is lawful and safe to do so.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or manually dialed marketing mobile messages (as applicable) at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the respective wireless carriers, including T-Mobile, are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
* Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
* Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
* Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
* Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
* Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
DISPUTE RESOLUTION – ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider, including Autopilot, acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in 23 Foster St, Surry Hills NSW 2010, Australia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Social Soup Australia’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If Members have any concerns about material which appear on the Site and/or App, please send an email to email@example.com.
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