Terms of Service

Effective Date: 02-01-2024

Welcome to Promoplate! These Terms of Service (“Terms”) govern your use of our website located at https://promoplate.com.au (the “Site”), which is owned and operated by Promoplate (“Promoplate,” “we,” “us,” or “our”). By accessing or using our Site, you agree to these Terms in full. If you do not agree with any part of these Terms, please do not use our Site.

Note: Promoplate is exclusively a web-based service. We do not provide a mobile app or mobile-specific site.

1. Acceptance and Updates

1.1 Acceptance of Terms

By using the Site, you confirm that you have read, understood, and agree to be legally bound by these Terms and all policies referenced herein.

1.2 Modifications

We may update or modify these Terms from time to time. Any changes will be posted on this page with an updated “Effective Date.” Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

2. Eligibility

  • Minimum Age: You must be at least 18 years old to use the Site.
  • Legal Capacity: By using the Site, you represent that you have the legal capacity to enter into this Agreement.

3. Overview of Our Service

Promoplate is an online platform that facilitates connections between two types of users:

  • Business Users: Businesses and restaurants that pay to post sponsorship and partnership campaigns.
  • Influencers: Content creators who join the network free of charge.

Access to certain premium features (such as campaign posting) is subject to payment by Business Users.

4. Account Creation and Security

4.1 Registration

Some parts of the Site require you to create an account. When registering, you agree to provide accurate and complete information and to update this information as necessary.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. If you suspect any unauthorized access or breach of security, please notify us immediately.

4.3 Account Termination

We reserve the right to suspend or terminate your account if we suspect any misuse, fraudulent activity, or violation of these Terms.

5. Payment and Subscription

5.1 Fees and Payment Methods

Business Users must pay for access to premium services. All fees are in Australian Dollars (AUD) and can be paid via major credit cards (Visa, Mastercard, American Express, etc.) or other approved methods.

5.2 Billing

Payments will be billed according to the pricing plan you select. If you subscribe to a free trial, you will not be charged until the trial period expires unless you choose to cancel beforehand.

5.3 Automatic Renewals

Unless canceled, any subscription may be automatically renewed. You are responsible for ensuring that your payment information is up to date.

6. User Responsibilities and Conduct

When using our Site, you agree to:

  • Provide truthful and current information during registration.
  • Use the Site only for lawful purposes and in accordance with these Terms.
  • Refrain from using any automated systems (such as bots) to access or scrape data from the Site.
  • Avoid any conduct that may disrupt the functioning of the Site or negatively impact other users.
  • Not impersonate any person or entity, nor misrepresent your affiliation with any person or entity.
  • Comply with all applicable laws, regulations, and these Terms.

Any misuse of the Site, including fraudulent or harmful activities, may result in immediate termination of your access and possible legal action.

7. Intellectual Property Rights

7.1 Our Content

All content on the Site—including text, images, graphics, logos, software, and data compilations—is owned by Promoplate or our licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 License

We grant you a limited, non-exclusive, revocable license to access and use the Site for your personal, non-commercial purposes only. You may not reproduce, modify, distribute, or otherwise exploit any content without our explicit written permission.

8. User-Generated Content

8.1 Your Content

You may have the opportunity to submit or post content (“User Content”) to the Site. You retain ownership of any such content you create.

8.2 License Grant

By submitting User Content, you grant Promoplate a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, distribute, and display your content as needed to operate and promote the Site.

8.3 Content Responsibility

You affirm that your User Content does not infringe on any third-party rights and complies with all applicable laws. We are not responsible for any content you post, though we reserve the right to remove any content that violates these Terms.

8.4 Social Media Content

By participating in a campaign organized through Promoplate, you acknowledge and agree that any content you publish on third-party platforms (such as Instagram, Twitter, Facebook, etc.) in connection with that campaign is deemed part of your User Content. Furthermore, you hereby grant Promoplate a non-exclusive, royalty-free, worldwide license to use, reproduce, adapt, display, distribute, and promote such externally published content for any promotional, marketing, or operational purposes related to our services. You represent that you have the necessary rights and permissions to provide this license for content published on these third-party platforms.

9. Third-Party Links and Content

  • The Site may include links to websites or resources operated by third parties. These links are provided solely for your convenience.
  • Promoplate does not control or endorse third-party content, and we are not responsible for any content, services, or products provided by third parties.
  • Your interactions with third-party websites are governed by their own terms and policies, and you access them at your own risk.

10. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and safeguard your personal information. By using the Site, you consent to the data practices described in our Privacy Policy.

11. Disclaimers

  • “As Is” Basis: The Site is provided on an “as is” and “as available” basis. We do not make any guarantees regarding the reliability, availability, or security of the Site.
  • No Warranties: To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Error-Free Operation: We do not guarantee that the Site will operate without errors or that any defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by law, Promoplate, its directors, employees, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or data, arising out of or related to your use of the Site. In any event, our total liability for any claims shall not exceed the total amount paid by you to Promoplate in the six (6) months preceding the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Promoplate and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Site,
  • Any violation of these Terms,
  • Your breach of any representation or warranty provided herein.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and your use of the Site are governed by the laws of Australia.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration in [Sydney, Australia], in accordance with the rules of an approved arbitration institution. By agreeing to arbitration, you waive your right to a jury trial or participation in a class action.

15. Miscellaneous

  • Entire Agreement: These Terms, together with any other policies referenced herein, constitute the entire agreement between you and Promoplate regarding your use of the Site.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Assignment: Promoplate may transfer or assign its rights and obligations under these Terms without prior notice to you.
  • No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce such provision in the future.

16. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please reach out to us at: privacy@promoplate.com.au