Read our terms below to learn more about your rights and responsibilities as a My Client Review user.
Version 1.1 Last Updated 08/10/2021
These terms and conditions apply to any use of My Client Reviews website.
Any usage of the words in this agreement ‘we’, ‘us’ or ‘our’ refers to My Client Reviews.
All business users of the website are referred to as ‘business users’. All others are referred to ‘business clients’ or ‘public’.
If you do not wish to accept the terms, you are not allowed to use this website or services. By using this website, you agree with these terms and conditions which is deemed to include all published guidelines, policies & rules on the website. All guidelines, policies & rules can be updated without notification to our business clients or the public.
My Client Reviews abides by the Competition & Consumer Act 2010 and the Australian Competition & Consumer Commission (ACCC) Rules for Businesses and Online Review Platforms. These documents can be viewed at https://www.legislation.gov.au/Details/C2018C00437 and www.accc.gov.au/business/advertising-promoting-your-business/managing-online-reviews respectively.
1.1 To invite and gather reviews for your business, all business users must create an account which consists of your contact information and business information. This account must not be shared with anyone else. Once a business user has entered an email address and a password, an email is then sent to the nominated email to verify the validity of the email address. For the account to be successfully created, the business user must click on the link in the email.
1.3 The 3 month free trial allows the business to have unrestricted access to the website. When the free trial expires, the business cannot access any functionality until they enter in their payment information. Reviews will be displayed on the business’ website for up to 7 days after the trial ends.
1.4 You agree that My Client Reviews can use your company logo for display on its website, embedded in emails sent to your clients as well as for marketing purposes.
1.5 Subscriptions are charged monthly in advance and therefore the business can cancel the subscription at any time providing a minimum of a month’s notice. Therefore there will always be another payment to be processed before the cancellation of the subscription can take place. To cancel the subscription, you will need to log in to your account and edit your profile. This is where you will find the “Delete Account” button.
1.6 When a business decides not to continue using our service and stops making payments, you agree that the reviews will continue to remain on the website.
1.7 All reviews and business responses are regarded as non-confidential and public information. You grant My Client Reviews the right to freely use the content in any way.
1.8 Reviewers are solely responsible for the content they provide. In the same way, business owners are responsible for the responses they provide. My Client Reviews are not in any way responsible for the content.
1.9 Review responses must not include:
· Language that will cause offense
· Provide content that is untrue in part or in whole, misleading or deceptive
· Use language that is sexist or racist
· Provide content that is defamatory, pornographic, profane, obscene, threatening or political
· Promote other businesses
· Include links to websites
· Provide personal information such as names, addresses, phone numbers, credit card information or email addresses
· Include copyrighted material
· Say, write, show anything that is unlawful in Australia
· Include content that can cause harm to the website or content (including but not limited to malicious software, trojans, code, data or worms)
If we identify a review that is in breach of the above content rules, we reserve the right to suspend the response, prevent it from being visible to the public. If we determine that the breach is minor, we will notify the business representative so that they can reword the response. Significant breaches will result in the suspension and/or cancellation of the account.
1.10 Under no circumstances do we allow a competitor or anyone associated with a competitor of My Client Reviews to become a registered user. We deem this as unethical and a breach of these terms and we reserve the right to take all forms of legal action available to us.
1.11 The website must only be used for the purpose of gathering reviews of your business. All other purposes are strictly prohibited.
1.12 You are not allowed to offer incentives or rewards for customers to leave a positive review. As per the ACCC Rules for Businesses and Online Review Platforms, if we are able to confirm that this is the case, we are required to place a notice on your review pages indicating this.
1.13 You are not allowed to offer or give incentives or rewards to remove a negative review. This behaviour is deemed as misrepresenting the true experience of your clients.
1.14 You must not create reviews for your business. You cannot have someone else do this on your behalf. All reviews must be created by genuine customers only.
1.15 You are not allowed to be selective in inviting customers to leave a review. All customers must be given the opportunity to leave a review.
1.16 Any business where there is an identified and proven breach of the ‘Competition & Consumer Act 2010’, the ‘Australian Competition & Consumer Commission Guidelines for Businesses and Online Review Platforms’ or the spirit of these agreements, will have action taken against the business by My Client Reviews. This may include (but not limited to) warnings on the business review page, account suspension, account deletion and/or reporting the breach to the ACCC. In the event of a suspension or termination, there will be no refund of your subscription.
1.17 We reserve the right to suspend and/or delete your reviews and business account if you are in breach of these terms of service. If we suspend your account, your payments will continue however we will immediately stop review invitations being sent out, stop accepting new reviews and prevent reviews from being displayed until the reason for the suspension has been resolved to our satisfaction. If we delete your account, all account access will be disabled, your payments will be cancelled immediately with no refund of any kind, review invitations will be cancelled, new reviews will not be accepted and reviews will be prevented from being displayed.
1.18 If you choose to delete your account, by accessing your account profile and deleting the account yourself, you are giving at least 30 days notice from that date. Another payment will be processed and your account will be deleted 30 days after the payment processing date. When the account is deleted, your access will be disabled, review requests will not be sent out, new reviews will no longer be accepted and reviews will not be shown on your website. You acknowledge that all reviews created and responses by the business will be retained on our website and displayed if we so choose.
1.19 We do not set specific limits on the number of business clients you invite to leave a review. We do however reserve the right to determine what is reasonable usage. We do monitor for excessive usage and will decide on a case by case basis what action will be taken.
1.20 My Client Reviews reserves the right to be able to close the website at its discretion. All businesses that have a paid subscription will be given at least 30 days notice before the website is closed.
2.1.1 The My Client Reviews website (including all associated domains, sub domains and extensions), services that are offered, underlying technology, intellectual property and brands remain the sole and exclusive property of My Client Reviews or third parties. Use of the website does not give you any other rights. Other than content expressly provided to our business clients such as star ratings, scores, reviews, links, videos or QR codes, all other content is not allowed to be displayed on the internet, in soft copy or in hard copy.
2.1.2 You agree that you will not reverse engineer, or attempt to reverse engineer or disassemble any code or software related to this website. You agree that you will not attempt to gain unauthorised access, circumvent encryption or other security tools, mine the data, screen scrapping or interfere with any host, user or network.
2.1.3 The My Client Reviews website content, including but not limited to the text, graphics, icons, photos, calculations and software is our property or the property of a third party and is protected by Australian and international legislation. Unauthorised use may result in civil and/or criminal penalties.
2.1.4 You agree to transfer to My Client Reviews the rights to use all user generated content at no cost, without a time limit or territorial limitations.
2.2.1 Business users shall indemnify My Client Reviews against any loss or damage suffered or incurred by My Client Reviews as a result of any third party claim that the use of any content provided by their clients infringes the intellectual property rights of a third party and/or violates applicable law or the Review Guidelines or causes My Client Reviews to send any email message on behalf of the business client that violates any applicable law, rule or regulation.
2.2.2 Business users shall not bring any claim against My Client Reviews arising from or related to any user content is defamatory, offensive or otherwise harmful. The Business user shall indemnify My Client Reviews against any loss or damage suffered or incurred by My Client Reviews as a result of any such claim, whether such claim is brought by the Business user, any of their affiliates, officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
2.2.3 You hereby indemnify My Client Reviews (which also includes any of our employees, affiliates, agents or other representatives) and Business users agree to defend My Client Reviews and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to your use of the website. You agree that My Client Reviews may select our own legal representation and may participate in our own legal proceedings if we choose.
2.3.1 My Client Reviews accepts no responsibility for the accuracy or completeness of the reviews and business responses. My Client Reviews does not read or edit contributions and therefore cannot be held responsible for the content created by others.
2.3.2 The website is provided ‘As Is’ and does not come with any warranties of any kind. To the maximum extent permitted by law, we hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these terms.
2.3.3 To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, availability, timeliness or quality.
2.3.4 To the maximum extent permitted by law, we hereby expressly exclude any liability in relation to loss of data, interruption to your business or any damages which are incidental to or arise from such loss of data or interruption to business.
2.3.5 To the maximum extent permitted by law, we will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by a business user or any of your affiliates, officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
2.3.6 To the maximum extent permitted by law, we will not be liable for any loss of goodwill, reputational damage, loss of profit or revenues or loss of business opportunity.
2.4 Variation of Terms of Service
My Client Reviews may at any time, revise or change the Terms of Service. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations.
You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
Your use of the website and associated third party tools is subject to the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.