Last updated on: 14 March 2017

Welcome to facetag, the online home of Facetag Pty Ltd 615 585 343 (“Facetag”). By signing up for the Facetag service (“Service”), you agree to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Facetag under these Terms of Service are intended to help you create and manage an image retail store, whether as an online store (“Online Services”), as a physical retail store (“POS Services”), or as a combination of both. You hereby agree that any new features or tools which may be added to the current Service in the future shall also be subject to these Terms of Service, and you shall be bound by the terms of service as amended and built upon. We reserve the right to update and change the Terms of Service by posting updates and changes to the Facetag website.

We ask that you from time to time review the current version of the Terms of Service at www.facetag.com.au/legal/terms so that you are at all times aware of the legal implications and obligations of using our website.

ACCOUNT TERMS

To be able to use this service, you must be 18 years or older. Alternatively, you must at least be the age of majority in the jurisdiction where you reside.

To gain access to and use the Services, you must register for a Facetag account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information as required. We may for any reason, and at our sole discretion, reject your application for an Account, or cancel an existing Account.

You concede and accept that Facetag will use the email address you provide as the primary means of communication.

Each user bears the responsibility for keeping their account password secure. Facetag will bear no liability for any loss or damage from users’ failure to maintain the security and confidentiality of their Account and password. Each user is responsible for all activities and content (including data, graphics, photos, videos and links) that occur and/or are uploaded under their Facetag Accounts (“Store Content”).

For the purpose of these Terms of Service, the individual signing up for the Service shall be regarded as the contracting party (“Account Owner”). He/She will be the person authorized to use any corresponding account we may provide in connection with the Service.

If you are signing up for the Service on behalf of your employer, you represent and warrant that you have the authority to bind your employer to our Terms of Service, and your employer shall be the Account Owner.

A breach or violation of any single term in these Terms of Service as determined in the sole discretion of Facetag will result in an immediate termination of your access to the services.

GENERAL CONDITIONS

Before you can become a business member of Facetag, you must read, agree with and accept all of the terms and conditions contained in these Terms of Service and in our privacy policy.

We only provide technical support to Account holders who actively use the service as their image distribution. You agree that such technical support is only available via email.

You acknowledge and agree that Facetag may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Facetag’s website, available at www.facetag.com.au/legal/terms. You agree that any amendments to the Terms of Service are effective as of the date of posting, and your continued use of the Services after the upload of the amended Terms of Service constitutes your agreement to, and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

MEMBER OBLIGATIONS

You may not use the Facetag service for any criminal or unauthorized use under any circumstances. You may also not in your use of the Service, violate any laws in your jurisdiction (counting but not restricted to copyright laws), the laws relevant to you in your customer’s jurisdiction, or the laws of Australia in general and the State of Queensland in particular. As a requirement to use the Facetag service, you must comply with all applicable laws, rules and regulations.

You may under no circumstances remove any trademark, copyright or other proprietary notices from any part or portion of our website. You must refrain from linking to, mirroring, or framing any part of our site and services; or trying to gain unapproved access to or debilitate any portion of our website and its related systems.

You are expressly prohibited from duplicating, copying, reproducing, selling, reselling or exploiting any portion of the Service (including but not limited to our methods, systems or other IP) without the express written permission of Facetag. We will bring civil and criminal charges against any violator and seek redress to the fullest extent permissible by law and as may be required.

You must not ill-use our website by deliberately introducing viruses, worms, Trojans, logic bombs or any other malevolent or technologically injurious software.

You may under no circumstances use information gotten from our website to contact organizations or people for whatever reason.

You may not purchase any search engine or other pay per click keywords (such as Google AdWords), or domain names that use Facetag or Facetag trademarks and/or variations and misspellings thereof.

You understand and agree that your Store Content (with the exclusion of credit card information), may be transferred unencrypted and involve

  1. transmissions over several networks; and
  2. alterations and changes to conform and adapt to technical requirements of connecting devices or networks. We will always make sure to encrypt credit card information during transmission over networks.

You acknowledge and consent that your use of the Service, including information transmitted to or stored by Facetag, is governed by its privacy policy at www.facetag.com.au/legal/privacy

We may provide these Terms of Service in languages other than English. In the case of any inconsistencies or conflicts between these English Terms of Service and Facetag’s Terms of Service available in another language, the most current English version of the Terms of Service available at www.facetag.com/legal/terms will prevail.

If you have any questions about these Terms of Service, please send them to support@facetag.com.au

FACETAG RIGHTS

Facetag reserves the right and may exercise such for any reason, without notice, and at any time, to modify or terminate the Service. We reserve the right to refuse service to anyone for any reason at any time.

We may, but are not under any obligation to, monitor and/or remove Store Content and Accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, slanderous, disparaging, pornographic, indecent or otherwise objectionable or that violates any other party’s intellectual property or Facetag’s Terms of Service.

We will under no circumstances condone the verbal or written abuse of any kind (counting threats of retribution or abuse) of any other Facetag customer, Facetag employee, or member, and will immediately terminate the account of any offender.

Facetag does not pre-screen Store or Business Profile Content including images, but we may in our sole discretion refuse or remove any Content that is available via the Service.

We do not make any promise or give any assurances of exclusivity in any market segment, and reserve the right to make our services available to your competitors. You further acknowledge and agree that Facetag employees and contractors may also be Facetag customers/merchants. As such, they may be in direct competition with you, although they may not in any way use your confidential information to outcompete you.

In the case of a dispute regarding the ownership of an account, we reserve the right to request documentation to confirm or determine ownership. Documentation required may include, but is not limited to, a scanned copy of your business license, government issued photo ID, and the last four digits of the credit card on file, etc.

Facetag retains the right to determine, in our sole judgment, the rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Facetag reserves the right to temporarily disable an Account until resolution has been determined between disputing parties.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All data, information, reports, representation, materials, articles, pictures, delineations, photos, or other information (collectively known as content) showed on and contained in the website, are trademarked, copyrighted and are protected by intellectual property laws, except where we explicitly indicate to the contrary. All titles, rights and interests relating to the content are owned, licensed to or controlled by Facetag. These materials are all protected by Australian and other international copyright laws.

The Facetag name, www.facetag.com.au, our logos, page headers, button icons, scripts, and service names included in or made available through www.facetag.com.au are trademarks or trade dress of Facetag in Australia and other countries.

CONFIDENTIAL INFORMATION

We will not divulge your confidential information to any third party or parties, except as essential in the course of making our services available, confidential information being defined as materials or information that you provide to us which is not publicly known.

You agree that the under listed shall not be regarded as confidential information:

  • Information that was in the public domain at the time Facetag received it;
  • Information that becomes publicly known after Facetag received it through no fault of ours;
  • Information that we received from a third party without breach of our or their confidentiality obligations; or
  • Information that we are required by law to disclose.

CUSTOMER/MEMBER CONTENT

While any user content you provide remains your property, you grant Facetag by providing such user content a universal, irreversible, endless, royalty-free, transferrable license, with the right to sub-license, adjust, make derivative works of, duplicate, openly show, publicly perform, distribute, and to otherwise use such user content without further consent from you or notice to you, and without the requirement of compensating you or any other entity. You may delete or remove your Facetag store at any time. Facetag however retains the right to continue to use such user content as hitherto detailed.

Also, by making your store public, you agree that others may view your Store Content. It is your responsibility to comply with any applicable laws or regulations in the upload of your store content.

By uploading Profile Content to Facetag, you agree that Facetag will display and store your Profile Content; any other Facetag app user may view your Profile Content; and Facetag may, at any time, review all the Profile and any other Content submitted by you to its Service.

Facetag shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

You agree that Facetag is an online platform that allows you to upload images that you take of your guests, visitors, patrons or customers. You are solely responsible for getting the permission to take the photograph of each individual whether directly or in your terms of service. You must also notify your visitors, customers, guests, employees and contractors that their photographs may be uploaded to Facetag.

When you upload an image to Facetag, you grant us the right to add it to our facial recognition search engine that will detect potential faces in the image and compare such against all of our members who have enrolled a ‘bioselfie’ and who have also ‘checked-in’ to your business through the Facetag Android or iOS app on their mobile devices that same day.

For further information, kindly direct your clients to our privacy policy page at www.facetag.com.au/legal/privacy.

OTHER MEMBER OBLIGATIONS

You are responsible for setting all prices for your image products and deciding whether you wish to offer only digital photo products or digital and physical printed souvenir products. If you offer physical products, you will be responsible for choosing collection, delivery and/or shipping options. You are consequently solely responsible for the delivery/shipping of the product and must use a reputable carrier/shipping company so that the item can be tracked.

If a product is not delivered within a reasonable time, Facetag may at its sole discretion provide a full refund to the app user and deduct the amount from your business’ billing cycle.

If we repeatedly receive complaints about non-professionalism and/or the late delivery of your products, we may terminate your access to the service in full or partly.

When you create an Image Capture Point (ICP) in the Facetag admin console, your business will be included in our Proximity Notification Feature which, if permitted by the individual user/prospective client through their settings will notify such users when they are close to your business, inviting them to ‘check-in’.

By signing up or claiming your Facetag app profile and/or creating your online photo store, you agree to promote Facetag to your visitors and guests using Facetag approved logos, branding and point of sale visual merchandising available for download in the POS marketing section of the admin console.

If you would like to incorporate Facetag into your themed branding (creating co-branding visuals), you must submit all proposed artwork and details of its intended media to marketing@facetag.com.au before it can be used. We will approve/respond within 1 business day.

ORDERS, COMMISSIONS AND FEES

Unless otherwise indicated by Facetag, all fees and other charges are in Australian dollars, and all payments shall be in Australian dollars.

Facetag offers business membership options on a commission or a subscription basis or a combination of both, depending on the sector of your business, its size, number of visitors, number of photographs uploaded and your preferences. The details of your fees arrangement can be found in your ‘business private information’ page on your admin console. To discuss custom fee agreements, please contact sales@facetag.com.au

Our subscriptions run on a monthly calendar.

Our financial reporting week runs Monday 12:00am to Sunday 11:59pm (UTC), and we pay members for goods sold on a weekly basis. Earnings are less fees and commission to Facetag, and are dispersed the following Friday of each week into your business account.

If your arrangement with us includes a subscription fee, you must keep a valid credit card on file with us to pay for all incurred and recurring fees.

Facetag does not provide refunds.

FRAUD

Without limiting any other remedies, Facetag may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

MODIFICATIONS TO THE SERVICE AND PRICES

rices for using the Services are subject to change upon 30 days’ notice from Facetag. We may provide such notice by posting the changes to the Facetag website (Facetag.com.au) or on your Facetag administration console via an announcement.

Facetag reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

Facetag shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

THIRD PARTY LINKS

We may from time to time provide links to websites, software, applications (“Apps”), products, services of other companies and websites on www.facetag.com.au. You are not to take the existence of such links as an approval of the content, procedures, products and/or services of the linked website, except we specifically state so. All users make use of other third party sites at their own risk. We therefore recommend that you check third party website’s terms and conditions before using such sites.

THIRD PARTY SERVICESS

You also agree to be bound by the supplementary service-specific terms related to services you that are provided by or that you purchase from Facetag’s partners or other third parties. On Facetag, we use Google Maps, Stripe and PayPal as third party service providers. While your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time, Facetag shall in no way be liable for any direct, secondary, related, special, substantial, punitive, extraordinary, exemplary or any other damages whatsoever, that may result from any Third Party Services or users’ contractual relationship with any Third Party Provider, with the inclusion of any Expert. These limitations shall stand even if Facetag has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

We offer the Facetag website for use “as is” and “as available” without any warranty or condition, whether express, implied or statutory. Your use of the Service is at your sole risk.

You understand and agree that Facetag shall not be liable or held responsible for any direct, indirect, supplementary, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our service.

In no event shall Facetag or our suppliers be liable for lost profits or any special, incidental or consequential kind arising out of or in connection with our website, its services or these Terms of Service however arising, including through negligence.

Facetag does not warrant or give any assurance that the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtainable from the use of the Service will be accurate or reliable; and neither do give any warranties or assurances to the quality of any products, information, services, or any other material you purchase or obtain through the Service, or that it will meet your expectations; or that any errors and mistakes in the Service will be corrected.

Users are solely responsible for all possible outcomes that may arise out of their use of the website and its services, their violation of the law, their breach of this agreement, and their infringement on the rights of a third party, especially if such outcomes lead to litigation.

GOVERNING LAW

The Terms of Service shall be strictly governed by and interpreted in accordance with the laws of the State of Queensland, Australia therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland regarding any claim or dispute arising in connection with these Terms of Service. You agree that The United Nations Convention on Contracts for the International Sale of Goods will not be applicable to these Terms of Service and is hereby explicitly excluded.

WAIVER AND COMPLETE AGREEMENT

These Terms of Service constitutes the entire agreement and understanding between you and Facetag. They govern your use of the Service, and shall supersede any prior agreements and understanding between you and Facetag (including, but not limited to, any prior versions of these Terms of Service).

Facetag’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Facetag partners, officers, managers, agents, personnel, and suppliers harmless from any demand or claim, with the inclusion of reasonable attorneys’ fees, made by a third party arising out of your breach of these Terms of Service or the incorporated documents by reference, or your violation of any law or the rights of a third party.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Facetag partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

CANCELLATION AND TERMINATION OF ACCOUNT

You may cancel your Facetag Account at any time by emailing support@facetag.com.au and then following the specific instructions indicated to you in Facetag’s response.

We may also terminate your access to the Service if you violate these terms of use in any way, or for any reason whatsoever as determined in our sole discretion.

Upon termination of the Facetag Services for any reason by either party:

  • Facetag will cease providing you with the Services and you will no longer be able to access your Account;
  • Any monies collected for orders already processed less commissions and processing fees will be paid in the next payment cycle
  • you will not be entitled to any refunds of any Fees, pro rata or otherwise unless this is otherwise provided for in the Terms of Service;
  • If there are any outstanding Fees owed by you at the date of termination of the Service, we will send you one final invoice via email. Once that invoice has been fully paid, we will not charge you again;
  • any outstanding balance owed to Facetag for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  • Your business profile may remain visible to our Users at our discretion except you explicitly request that it be taken offline.

Facetag Pty Ltd.
14 Sunset Boulevard, Surfers Paradise, QLD 4217, Australia.