UNFORGETTABLE RESEARCH SERVICES PTY LTD

USER TERMS AND CONDITIONS

This online platform (Platform) is operated by Unforgettable Research Services Pty Ltd ACN 622 787 946 its successors and assignees (we, our or us). The Platform is available at https://www.unforgettable.me/ and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our online platform regardless of how you access it. The Platform provides a memory aid tool, allowing Users to record and store details of important life events. Further detail regarding how the Platform works is provided below, under the Platform Summary clause.

Acceptance

By accessing and/or using our Platform, you; the person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and are over the age of 18; and (3) agree to use the Platform in accordance with the Terms.

Please read these Terms carefully and immediately cease using our Platform and delete your account if you do not agree to them. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

Platform Summary

  1.   The Platform permits Users to collect and store information. A User may use the Platform to collect information including but not limited to:
    1.   global positioning system (GPS) information retrieved from your computer, smartphone, tablet or other intelligent device (Device);
    2.   information stored on other devices with computing capacity;
    3.   audio data;
    4.   images;
    5.   accelerometry;
    6.   information regarding phone calls you make and receive on your Device or Devices;
    7.   information regarding emails you send and receive on your Device or Devices; and
    8.   information regarding purchases you make on your Device or Devices.
  2.   Any information collected by a User via the Platform, or any content otherwise uploaded, sent, submitted or transmitted via the Platform is referred to as User Content (User Content).
  3.   For each User, the Platform provides a searchable archive of the User Content stored on the Platform by that particular User. Users may enter search terms to retrieve data on life events and Users may create visualisations regarding their activities.
  4.   Users may also choose to participate in Research Projects via the Platform. Academic researchers, individuals, market research companies or other entities which are undertaking studies (Researchers) may create posts with information about a research project (Research Project), including the number of participants required, remuneration for participation (if any), the type of data required and the length of the Research Project (Posts). Researchers may also ask additional questions relating to their Research Project based on User Content they have analysed.
  5.   A User must create an account (Account) to use the Platform’s functionality, to collect User Content and to participate in Research Projects. As part of the Account creation process, Users may register for an account with IFTTT Inc. (IFTTT) or any other third party service provider we use to provide the Platform. When creating an account with IFTTT or any other third-party service provider, each User agrees to be bound by that third party’s terms of service. IFTTT’S Terms of Use are available here.

Registering for an Account

  1.   You must provide basic information when registering for an Account including name, email address, and location. The information you provide when registering for an Account must be accurate, current and complete and you must update this information to keep it accurate, current and complete.
  2.   You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account).
  3.   You are responsible for keeping your Account details, including your username and password confidential and you will be liable for all activity on your Account.
  4.   You will immediately notify us of any unauthorised use of your Account.
  5.   At our sole discretion, we may refuse to allow any person to register or create an Account.

What information is collected by our Platform and how can you control it?

  1.   User Content you may collect on the Platform includes GPS data, audio data, images, information regarding telephone calls and information regarding emails. The Platform may also collect User Content including but not limited to your name, other contact details, including mailing address and street address, your age and/or date of birth and your demographic information, such as a postcode.
  2.   The Platform is designed to capture User Content to provide you with a searchable archive of important life events.
  3.   Any User Content you upload or capture via the Platform is only accessible to you and is not publically available, unless you consent to the disclosure of User Content to a Researcher for a Research Project.
  4.   You have rights to amend any personal information held by us under the Privacy Act 1988 (Cth). You should refer to our Privacy Policy for information on how we collect, store and use your personal information and your rights to amend this information. The Platform also provides functionality for you to manage your privacy.

Participating in a Research Project

  1.   Researchers may create Posts on the Platform, outlining details of the Research Project she or he is conducting. Researchers may use the Platform to find Users to participate in their Research Project.
  2.   As a User, you may choose to participate in a Research Project. Participation in a Research Project is voluntary and you will always be asked to consent to your participation in a Research Project and to consent to the disclosure of your User Content. Participation in a Research Project may involve sharing your User Content with a Researcher. If you choose to participate in a Research Project:
    1.   you accept and acknowledge that the terms of the Research Project, including any remuneration for your User Content or time, will be solely between you and the Researcher. We are not involved in any agreement between a User and a Researcher;
    2.   you accept and acknowledge that we are not responsible for the Researcher’s conduct or activities, or for ensuring that the Researcher has all necessary consents to be able to conduct their Research Project. Before participating in a Research Project, you should check that the Researcher has ethics consent from any relevant institution, that the Researcher has provided you with a plain language statement setting out, in plain English, the purpose and goals of their Research Project and any other necessary documents;
    3.   you acknowledge and accept that your User Content may be shared with a Researcher for their Research Project with data from other Users; and
    4.   you may withdraw your consent at any time and your User Content will not be used for the purposes of the Research Project.

How is User Content treated in a Research Project?

  1.   Researchers conduct Research Projects on numerous topics.
  2.   Users may choose to participate in a Research Project. If you choose to participate in a Research Project, you may be asked questions and your responses will be compared against your User Content, or your User Content will be shared for with a Researcher for the purposes of analysis, or a combination of these approaches.
  3.   When sharing User Content with a Researcher, your User Content is combined with data from other Users
  4.   You retain any intellectual property in your User Content, as per the User Content clause below.

User Content

  1.   By making available any User Content on or through our Platform, you grant to us a worldwide, perpetual, non-exclusive, royalty-free licence to use the User Content, with the right to modify, distribute, transfer, communicate and transmit this User Content to a Researcher for the purposes of a Research Project, providing you have consented to participating in the Research Project and to sharing your User Content for the purposes of that Research Project. We do not use your User Content for direct marketing and we do not provide your User Content to third parties for direct marketing purposes.
  2.   You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
    1.   you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
    2.   neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3.   We are not responsible for the User Content you choose to upload to the Platform. As above, you are responsible for any User Content you upload.

Subscription Plans

  1.   Unforgettable Research Services offers different subscription plans for the Unforgettable Service (Subscription Plan(s)). A different monthly subscription fee (Subscription Fee) applies to each Subscription Plan. Information on the inclusions within each Subscription Plan is available at unforgettable.me.
  2.   You can choose your Subscription Plan when you create your Account or at a later date.
  3.   If you already have an Account then you can change your Subscription Plan by visiting unforgettable.me.
  4.   If you change your Subscription Plan we will commence charging your Payment Method the current Subscription Fee for the Subscription Plan you are using at the commencement of your next monthly subscription period in accordance with the Fees clause below.

Fees

  1.   It is free to register an Account on the Platform.
  2.   Your valid credit/debit card (Valid Card(s)) is a payment method (Payment Method(s)).
  3.   By creating your Account, choosing a Subscription Plan and providing us with the details of your Valid Card, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan in accordance with this Fees clause.
  4.   The Subscription Fee for your Subscription Plan will be charged to your Payment Method in advance of each monthly subscription period.
  5.   Your first monthly subscription period starts when you pay your first monthly Subscription Fee from your Payment Method.
  6.   At the end of the first monthly subscription period and each monthly subscription period thereafter, we will automatically renew your monthly subscription and charge your Payment Method the monthly Subscription Fee unless and until you cancel your Subscription Plan. If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month.
  7.   Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. If your chosen Payment Method is your Valid Card, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation. This will result in the funds available on your Payment Method account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Payment Method account.
  8.   You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting unforgettable.me.
  9.   We may increase the Subscription Fee for the Subscription Plan you are currently subscribed to at any time by giving you at least one calendar months' notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).
  10.   If we are unable to collect the Subscription Fee from your Payment Method for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may restrict or cancel your access to the Platform without giving you notice.
  11.   If we are able to collect the Subscription Fee from your Payment Method during a period of suspension under clause Fees (i) (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the Platform and your new monthly subscription period will commence on the date we successfully charge your Payment Method.

Payments

  1.   If you agree to participate in a Research Project, then a Researcher may offer to pay you separately.
  2.   Any payments will be made through our third party payment processor or by any other payment method set out on the Platform.
  3.   We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1.   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2.   knowingly using your Device to record the private conversation of another individual or individuals;
  3.   using our Platform to defame, harass, threaten, menace or offend any person;
  4.   interfering with any user using our Platform;
  5.   tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  6.   anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, any state or territory surveillance laws;
  7.   using our Platform to send unsolicited email messages; or
  8.   facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors and no commercial use

Exclusion of competitors: You are prohibited from using our Platform, including the information and materials available on it (Platform Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Platform Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Platform Content. Your use of our Platform and your use of and access to any Platform Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Platform Content.

You must not, without the prior written consent of ourselves or the owner of the Platform Content (as applicable):

  1.   copy or use, in whole or in part, any Platform Content;
  2.   reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Platform Content to any third party; or
  3.   breach any intellectual property rights connected with our Platform, including (without limitation):
    1.   altering or modifying any of the Platform Content;
    2.   causing any of the Platform Content to be framed or embedded in another website; or
    3.   creating derivative works from the Platform Content.

Information

The Platform Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Platform Content, we make no representation or warranty regarding it, to the extent permitted by law. The Platform Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Platform Content is inaccurate or out-of-date.

Consumer Guarantees

  1.   Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our Platform and any related services which cannot be excluded, restricted or modified (Statutory Rights).
  2.   Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Warranties, limitation of liability, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Platform Content, Researchers, Research Projects, or Posts including (without limitation) that:

  1.   they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2.   access will be uninterrupted, error-free and free from viruses; or
  3.   our Platform will be secure.

You read, use, and act on our Platform and the Platform Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  1.   our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2.   we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
    whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3.   Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1.   event or circumstance beyond our reasonable control;
    2.   acts or omissions of you or your personnel;
    3.   any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4.   use of the Platform and/or Platform Content;
    5.   interaction you have with other users whether in person or online;
    6.   Platform Content which is incorrect, incomplete or out-of-date; or
    7.   breach of these Terms or any law.
  4.   You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  5.   This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

  1.   You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.
  2.   We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  3.   At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if you are in breach of these Terms, any applicable laws, regulations or third party rights.
  4.   If you terminate or if we terminate your Account:
    1.   You will not receive a refund of any fees or other amounts already paid to us when you cancel.
    2.   you are responsible for downloading your User Content or you may request a copy of your User Content from us;
    3.   your User Content will be stored on our servers for not longer than one month should you wish to re-instate your Account or download the User Content if you did not do so before the Account was terminated; and
    4.   your User Content will be deleted in accordance with the Privacy Act 1988 (Cth), after one month.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Third party sites, severance and discontinuance

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Unforgettable Research Services Pty Ltd ACN 622 787 946

or via email on our contact page

Last update: 26 November 2020