By accessing and using sentirate.com (“Website”) (including any sub-domains of the Website), and or the digital content sentiment analysis services offered through the Website (“Services”), all users (“Users”) accept and agree to be bound by these terms of service (“Terms”). Users may only use the Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by SentiRate Limited (“SentiRate”).
2. Non-compliance with these Terms
If a User does not comply with these Terms, SentiRate may cancel or suspend that User’s account and refuse to provide Services to that User for any reason and at any time.
SentiRate reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes will be taken to have agreed to those changes.
4. Registration information
In order to access and use the Services, Users will need to provide certain information about themselves (as prompted by the Website) (“Registration Information”). All Users will agree to provide true, accurate, current and complete Registration Information, and to maintain and promptly update their Registration Information in order to ensure that it remains true, accurate, current and complete.
5. Cancellation of accounts
All Users are entitled to cancel their account with SentiRate at any time. All cancellations will result in the deactivation or deletion of the User’s account.
Each User will be responsible for the content uploaded and activity that occurs through its use of the Services. SentiRate disclaims any and all liability in relation to the content and information uploaded by Users in connection with the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services.
Each User indemnifies, and will keep indemnified, SentiRate against all forms of liability, actions, proceedings, demands, costs, charges and expenses which SentiRate may incur or be subject to or suffer as a result of the relevant User’s use of the Services.
The fees charged for the Services and the available fee plans and payment methods can be viewed by clicking here (“Fees”). Fees will be invoiced to Users on a monthly basis in advance. Fees are subject at all times to change by SentiRate giving 30 days notice, which will be posted on the Website. Users can request a customised Fee plan which SentiRate may provide at its discretion.
All Fees are exclusive of all taxes (other than New Zealand GST), and the User indemnifies and holds SentiRate harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and or interest.
Users are entitled to request refunds in relation to the Services provided that the User has a reasonable reason for its request. Refunds will be granted at the discretion of SentiRate, provided that the aggregate sum of the refund does not exceed one month’s Fee as payable under the User’s Fee plan. Refunds will be paid into the User’s nominated bank account within 14 working days of SentiRate agreeing to grant the refund to the User. SentiRate will not be held liable in any way for any lack of refunds in connection with the Services.
11. No illegal use
No User may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.
12. No malicious use
Users may only access the Website and Services through the interface provided by SentiRate, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
13. Intellectual property
All Users agree that SentiRate owns all of the intellectual property rights existing in the Website and Services. However, SentiRate claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.
14. SentiRate branding
No User may publish or use SentiRate’s brand, branding or logos except with SentiRate’s prior written consent.
15. Technical support and malfunctions
SentiRate will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, SentiRate will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part).
Users are responsible for maintaining the security of their account and password on the Website. SentiRate will make every effort to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security.
17. Governing law and jurisdiction
These Terms shall be governed by New Zealand law, and all Users submit to the jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.