Refni’s Platform is comprised of this website, www.refni.com (Website), and any mobile application that is available for download via the App Store or the Google Play Store (App) (collectively the Platform). It is owned and operated by Refni One Pty Ltd (ABN 45 617 679 713) (Refni, us or we).
Set out below are the terms for creators and innovators (Creators) and reviewers (Reviewers) who wish to access the Platform and the basis upon which they provide services to, and receive services from, Refni (Refni Terms).
Refni reserves the right to amend the Refni Terms from time to time in its sole discretion, so Creators and Reviewers should check them regularly. By using the Platform at any time, you acknowledge that you have read, understood and agree to be bound by the current Refni Terms in use. If you do not agree to the current Refni Terms in use, then do not use the Platform.
If you do not understand any of the Refni Terms, or you have any questions, please contact Refni at firstname.lastname@example.org.
1. The Basics
1.1 The Platform offers a marketplace service which enables Creators to have conversations with Reviewers for the purpose of obtaining independent reviews regarding the products and services offered by Creators. Creators and Reviewers must use the Platform to provide genuine engagement, exchange, feedback and understanding between themselves for the purpose of creating more inclusive, ethical and responsible products and services that are beneficial to society in the long term.
2. Account Creation
2.1 Both Creators and Reviewers must create an account with the Platform in order to use Refni’s services (Account). As part of the registration process, and as part of your continued use of the Platform, you will be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
- an email address;
- preferred username;
- a mailing address;
- date of birth;
- your banking details; and
- a telephone number.
2.2 Creators will be asked to provide additional information in order to create an Account. This additional information will include but is not limited to a business name and an ABN.
2.3 If a Creator or a Reviewer fails to provide information that has been requested of them by Refni we may not create an Account or their Account may be made inactive or removed.
2.4 You warrant that any information you provide to Refni in the course of completing the registration process or creating a listing will always be accurate, correct and up to date.
2.5 We will advise you of the registration process from time to time. Once you have completed the registration process, you will be an Account Holder of the Platform (Account Holder), either as a Creator or as a Reviewer, and warrant that you have read, understood and agreed to be bound by these Refni Terms, as amended from time to time.
2.6 You may not become an Account Holder or use our Platform and may not accept the Refni Terms if you are under the age of 18 or lack capacity to form a binding contract with Refni.
2.7 Refni may from time to time make rules regarding the number of Accounts that may be held by Creators and Reviewers. Account Holders may create multiple conversations within an Account.
2.8 Where a Creator creates a conversation within their Account that relates to the products or services of third party, the Creator must disclose to the Reviewers the identity of the third party to whom the conversations will be disclosed. The Creator must also inform the third party that it is using the Platform, which is subject to these Refni Terms.
3.General obligations of Account Holders
3.1 Where an Account, profile or listing created by an Account Holder contains false or misleading information or an Account Holder is found to otherwise breach these Refni Terms that Account or listing may be cancelled and the Account Holder barred from using the Platform in the future.
3.2 As an Account Holder, you will hold a username and password. The username and password are personal to the Account Holder, are not transferable and must be kept in a secure and confidential manner. Account Holders are responsible for all activity on the Platform using using their username and password and any payments due for services acquired through the Platform by anyone using their username and password. Account Holders must immediately notify Refni if there has been any breach of security or misuse of their username or password.
3.3 Account Holders:
(a) must not use or allow another person to use the Platform’s communication tools (messaging system and web conferencing tools) to bully, intimidate, harass, threaten or otherwise infringe on the rights of any person using the Platform;
(b) must not mislead or deceive other Account Holders and, in particular, must fulfil any promise made to provide rewards or incentives;
(c) must not commit any act which may bring Refni into disrepute or which directly or indirectly damages Refni’s reputation;
(d) must only use the Platform for its intended lawful purposes, in accordance with these Refni Terms and any condition posted on the Platform (ie to better understand human biases, needs and other risks in products, services and ideas in order to make more informed, inclusive and responsible business decisions);
(e) must not provide false information when registering or changing your registration details;
(f) must not attempt to undermine the security, performance, functionality or integrity of our systems and networks or, where the Platform is hosted by a third party, that third party’s computing systems and networks;
(g) must not attempt to gain access to any materials other than those to which you have been given express permission to access or to the computer system on which the Platform is hosted;
(h) must not access the service to compete with us, cause disrepute or for any other use not contemplated by these Refni Terms or expressly authorised by us;
(i) must not violate the rights, trademarks, intellectual property or trade secrets of another party;
(j) must not transmit, or input into the Platform, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
(k) must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of Refni’s services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other users of the Platform;
(l) must not attempt to modify, copy, adapt, reproduce, disassemble, de-compile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation; and
(m) must accept sole responsibility for the legality of their actions under the laws which apply to them and agree that we and our directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of the actions of the Creator or the Reviewer.
3.4 You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Platform or its services in anyway (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others.
3.5 Refni will do its best but cannot promise that any file or program available for download and/or execution from or via the Platform is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on the Platform, and you release Refni entirely of all responsibility of any consequences of its use.
3.6 The Platform and its contents are provided to you on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
3.7 Refni is constantly improving its products and services and therefore reserves the right to change the Platform at any time.
4. Fees and Charges
4.1 It is free for Reviewers and Creators to join the Platform.
4.2 It is free for Reviewers to use the Platform.
4.3 Creators will be charged a fee for each conversation they post to the Platform. Details of the fee will be set out in a separate Purchase Form.
4.4 Any subscription based fees and charges are automatically renewed if the Creator does not give Refni notice regarding cancellation at least  days before the subscription period expires. The Creator may, at any time, cancel its subscription. The cancellation has immediate effect and the Creator has no right to recover any amount paid for any subscription already commenced.
4.5 Any additional special conditions applying to the Creator will also be set out in the Purchase Form. The Purchase Form forms part of these Refni Terms and in the case of any inconsistency, the Purchase Form prevails over these Refni Terms.
5. Warranties you make
5.1 You represent and warrant that:
(a) all information (including Personal Information) and data provided by you to us through the Platform is true, accurate, complete and up to date;
(b) you have read, understood and agreed to these Refni Terms; and
(c) you have complied with all laws;
(d) you have legal capacity, full right, power and authority to agree to these Refni Terms;
(e) you have not relied on any representation, warranty or other provision except as expressly provided in these Refni Terms; and
(f) you are not subject to any legal restrictions preventing you from accessing and using the Platform.
6. Intellectual Property Rights
6.1 The Platform and all content forming part of the Platform, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
6.2 You acknowledge and agree that Refni owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
6.3 The Creator also acknowledges that the feedback provided by Reviewers in conversations is protected by intellectual property laws and cannot be stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent or the consent of the relevant Reviewer. The Reviewer and Refni each consents to use of each particular conversation for the purposes set out in respect of that conversation.
6.4 You may not:
(a) modify or copy the layout or appearance of the Platform or any computer software or code contained in the Platform; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Platform.
6.5 Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer’s cache and a single copy for your own personal use, any of the Platform content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
6.6 If you post material to the Platform or correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform (including use of any Creator’s business name), developing your ideas and suggestions for improved products or services we provide and extracting and tracking overall data trends of both Creators and Reviewers.
7. Third party Websites
7.1 This Platform may contain links to other web sites or applications controlled by third parties (Third Party Websites).
7.2 Refni is not responsible for the content or privacy practices of Third Party Websites.
7.3 The Third Party Websites are provided solely for your convenience or for the purpose of a conversation and do not constitute, expressly or impliedly, an endorsement by Refni of the third party or the products or services provided by the third party or any affiliation between Refni and the third party.
7.4 You access Third Party Websites and/or use those Third Party Website’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Websites.
8.1 Cookies are small pieces of information that your browser stores on your computer hard drive.
8.3 If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.
9. Accuracy of communications
9.1 You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Platform are true, complete and accurate.
9.2 If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
9.3 To the fullest extent permitted by any applicable laws, Refni hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Platform.
10. Availability, withdrawal and suspension of service
10.1 Whilst we endeavour to provide continuous access to the Platform, we do not warrant that your access will be safe, uninterrupted, timely, secure or error free.
10.2 For your security and safety, Refni may at its discretion withdraw completely, or suspend for a period of time, the Platform, or your access to it for any reason including without limitation:
(a) if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
(b) if you breach any part of these Refni Terms; or
(c) if you use or assist others to use the Platform for an inappropriate, unethical or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
10.3 Where we withdraw or terminate your access to the Platform or terminate these Refni Terms for any reason, we may delete any data associated with your Account. We may also delete any data where in our opinion we are required to by law.
11. App Specific Terms
11.1 By downloading and/or using our App, you agree that you have entered into an agreement with us, and not with Apple. We are solely responsible for any product warranties, if any, pertaining to the App, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Refni Terms.
11.2 By downloading the App from the App Store, Refni grants you a non-transferable license to use the App on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the App Store and the App Store terms of service.
11.3 The parties both acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
11.4 In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the App Store You may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty, if any, will be our sole responsibility.
11.5 The parties acknowledge that Refni, and not Apple, is responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
11.6 The parties acknowledge that Refni, and not Apple, is responsible for any claim that the App infringes any third party intellectual property rights and that Refni, and not Apple, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
11.7 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 The parties each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Refni Terms against you as a third party beneficiary of these Refni Terms.
11.9 Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.
11.10 For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of these Refni Terms.
12. Exclusion and limitation of liability
12.1 We do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption.
12.2 Other than as expressly stated in relation to particular services, Refni and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or services included on the Platform, except as otherwise provided under applicable laws.
12.3 Subject to any rights you have under any consumer protection law, Refni excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Refni Terms.
12.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
12.5 To the maximum extent permitted by applicable law, neither Refni, nor its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)), directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
(a) the Platform;
(b) your use of the Platform and any sites linked to the Platform;
(c) any information obtained through the Platform;
(d) services supplied to you following your use of the Platform;
(e) reliance on or failure to act, on any information or service contained on or accessed through the Platform;
(f) a withdrawal or suspension of availability of a service;
(g) errors, mistakes, inaccuracies or omissions on the Platform;
(h) personal injury or property damage of any nature resulting from your access to or use of the Platform;
(i) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(j) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Platform by any third party;
(k) the quality of any product or service of any linked sites; or
(l) an inability to use the Platform or with any delay in using the Platform including, but not limited to, any interruptions to or cessation of access to the Platform, in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
12.6 Our liability to you for loss or damage of any kind arising out of these Refni Terms will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
12.7 Without limiting the foregoing, to the extent permitted by law, the liability of Refni for any claim will at all times be limited to supplying you the services offered by Refni again or, where it is not practicable to supply the services again, the liability of Refni for any claim will be limited to an amount equivalent to the fees paid by the Account Holder that directly relate to the service the subject of the claim.
12.8 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our Related Bodies Corporate have no responsibility for the legality of your actions.
12.9 This clause survives termination of these Refni Terms for any reason.
13.1 You will at all times indemnify, and keep indemnified, Refni and Refni’s directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Refni Terms.
13.2 This clause survives termination of these Refni Terms for any reason.
14.1 You may stop using the Platform at any time for any reason.
14.2 Refni may suspend or limit your access to the Platform in our absolute discretion without notice or liability to you for any reason.
14.3 Refni reserves the right to, at its discretion, terminate these Refni Terms and your access to and use of the Platform at any time.
14.4 The exclusions and limitations of liability made by us in these Refni Terms will survive termination or suspension of your access to the Platform.
15.1 Refni may in its sole discretion amend these Refni Terms at any time. Any variations to these Refni Terms will take effect from posting on the Platform. The Refni Terms which apply at the time when a conversation is posted are those that govern your relationship with Refni with respect to that conversation.
15.2 Refni may give notice to you by electronic mail. You may give notice to Refni by electronic mail to email@example.com.
15.3 Any provision of these Refni Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Refni Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
15.4 A failure or delay by Refni to exercise a power or right under these Refni Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Refni does not preclude its future exercise or the exercise of any power or right by or on behalf of Refni.
15.5 Your use of this Platform is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this Platform are exclusively subject to the jurisdiction of the courts of Victoria, Australia.
15.6 The Platform may be accessed throughout Australia and overseas. Refni makes no representations that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Platform.