Hello, and welcome to TruRating’s Terms and Conditions for use of our website. Please read these together with our Privacy and Cookie Policies, because you should not use our website unless you agree with them.
Our Privacy Policy covers the information we collect about you, and what we do with it, and our Cookie Policy covers the technology – such as cookies and web beacons which help us with providing our website, and understand our communications. These general terms cover all that you can do on our website, please check out our TruPrize terms if you’ve won a Prize.
If you’re a TruRating merchant – you will have signed up to separate Terms and Conditions on registering with TruRating- and you should refer to these for use of the TruRating service. You can find a copy of these in your account section when logged in. When you haven’t logged into the business site – these terms will prevail.
If you have any questions on any of these –please do get in touch as we would love to hear from you – support@trurating.com.
We will aim to ensure that all the information provided on our websites is accurate and up to date, and that our websites are always available. However there may be times when, unfortunately, they will not be. We will try and keep any periods when our websites are unavailable to a minimum.
We will try to ensure our websites are accessible to everyone visiting them. If you are having problems accessing the websites, then please contact us at support@trurating.com to see what we can do to help.
Please make sure you’re happy that any sites you link to from our websites are appropriate for you as we do not endorse that organisation and we have no control over the content of that website or how that site or organisation operates. Please also note that when you fill in a comment on a business’s profile page – that is sent direct to the business. TruRating does not monitor or get involved in any way with this communication. If you are not happy with a response, or lack of, please get in touch with the business directly.
Please ensure any content you print, copy or download from our websites is for your personal and private use only. You must not use or encourage others to use our websites (or their contents) for their or your commercial gain or in a way that could damage TruRating’s – or a TruRating merchant’s reputation.
Additionally, you cannot use our websites to create, update or amend your own or someone else’s databases. You must not use any automated means to monitor or copy our websites or their content, or permit to be made any bulk downloading or storage of data from our websites.
Our content (including our TruMetrics and ratings) cannot be reproduced on any public forum, including all review and rating websites, retailer and blogging websites without express consent from TruRating. If you would like to use our content in this way – please get in touch at support@TruRating.com
If you are a TruRating merchant – you may use our content in accordance with the merchant terms and conditions which govern your use of the TruRating service.
Please download content carefully because you will be responsible for any damage to your computer system that may result.
You must not do anything to damage or disrupt our website and you must not use our website in a way that may cause a nuisance to others.
Please feel free to provide a link to our websites in accordance with the following:
THIS AGREEMENT AND THE ORDER FORM GOVERNS YOUR LICENCE AND USE OF OUR SERVICE. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR SERVICES.
THE AGREEMENT COMMENCES EITHER ON THE DATE YOU COMPLETE YOUR REGISTRATION OR WHEN YOU SIGN THE ORDER FORM AND CONTINUES UNTIL TERMINATED BY EITHER PARTY. WE MAY FROM TIME TO TIME AMEND THESE TERMS OF BUSINESS. WE WILL POST THE REVISED TERMS OF BUSINESS ON OUR WEBSITE. YOUR CONTINUED USE OF THE SERVICE AFTER THE DATE ON WHICH WE POST ANY REVISED TERMS OF BUSINESS ON OUR WEBSITE SHALL MEAN YOU HAVE AGREED TO ANY SUCH CHANGES.
1. DEFINITIONS
“Agreement” | this agreement and the Order Form. |
“Aggregated Ratings Data” | tthe output of the aggregation of Raw Ratings Data (other than Raw Ratings Data relating to TR’s Questions) to a minimum of two ratings per row to protect the anonymity of the end consumer, created by us to give to you. |
“Analytical Output” | any data (excluding the Aggregated Ratings Data we create for you) created by TruRating through aggregation or combination of any Raw Ratings Data with other data, and any data created out of or derived from the combination of any Raw Ratings Data. |
“Consumer Site” | a recommendations website and/or mobile application aimed at consumers showcasing businesses that use the Service. |
“Fees” | the fees payable per Store, associated with your Service Plan. |
“Intellectual Property Rights” | all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress, rights in goodwill, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. |
“Merchant Content” | all content which you provide or make available to us, including through the Website and/or the Consumer Site. |
“Merchant”,“you” and “your” | the person (including a legal person) on behalf of whom you are entering into this Agreement with us. |
“Merchant Portal” | your dedicated online account on the Website. |
“Order Form” | means the order form or the online registration form specifying the Services to be provided under this Agreement that is entered into between you and us. |
“Non-Ratings Data” | any non-rating, data captured via the TruRating Application or via the TruRating API, and any reference information or data provided by you. |
“Raw Ratings Data” | the raw ratings data inputted by your merchants into a payment device or your ecommerce platform (as the case maybe) in response to questions, or which identifies when no question is asked or skipped, which is then collected by TruRating. |
“Service” | means the service that is ordered by you under an Order Form or provided to you. |
“Service Period” | the duration of your Service Plan as set out in your Order Form. |
“Store” | any location (both physical and virtual) which has been registered with TruRating and receives a single set of questions that can be viewed independently on the TruRating Merchant Portal. An Store can contain one or more payment terminals that capture Raw Ratings Data. Many Stores can exist within a single physical geographical address. |
“Taxes” | all sales, use and excise taxes, and other similar taxes, duties and charges of any kind imposed by any governmental or regulatory authority on any amounts payable by you hereunder. |
“Third Party Providers” | the service providers (such as your payment provider) that helps to facilitate the implementation of the TruRating Application. |
“TruRating Application Fee” | software applications (including as applicable TruRating Online Application) provided by TruRating to you and/or Third Party Providers. |
“TruRating Data” | TruRating’s standardized questions, questions which you have customized, and TR Questions. |
“TruRating Online Application” | means the application developed and/or provided by TruRating which appears after payment on your ecommerce website and/or mobile application that enables TruRating to capture Raw Ratings Data and other data from you’re your ecommerce platform and/or mobile application. |
“TR Questions” | has the meaning given in Section 5.1. |
“We”,“us” or “our” | means the TruRating entity described in Section 8.1 (who you are contracting with, notices, governing law and jurisdiction). |
“Website” | the TruRating website at www.trurating.com and/or mobile application. |
2. PAYMENT
3. YOUR OBLIGATIONS
4. OUR OBLIGATION
5. DATA
6. LIABILITY
If you become aware or suspect that a TruRating Application has been used in breach of this clause 6.5, you will notify TruRating immediately, and you will cooperate with TruRating to remedy the effect of the breach. On becoming aware of the breach, TruRating may at its discretion suspend your access to the Service and/or terminate this Agreement for material breach in accordance with clause 15.1 and may remove your Profile from the Consumer Site.
7. TERMINATION
8. WHO YOU ARE CONTRACTING WITH, NOTICES, GOVERNING LAW AND JURISDICTION
8.1 Who You are contracting with under this Agreement, who You should direct notices to under this Agreement, what law will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and which courts have jurisdiction over any such dispute or lawsuit, depend on where You are domiciled:
If You are domiciled in: | You are contracting with: | Notices should be addressed to: | The governing law is: | The courts having exclusive jurisdiction are: |
The United States of America | TruRating, inc. | 160 Greentree Drive, Suite 101 | The laws of the State of Delaware | The federal and state courts located in the City of Wilmington within the State of Delaware. |
Canada | TruRating Canada Limited | 40 King Street West | Ontario and controlling Canadian federal law | Toronto, Ontario, Canada |
A Country in Europe (including U.K.) | TruRating Limited | Pendragon House, 65 London Road, | England and Wales | England and Wales |
Australia and New Zealand | TruRating Australia Pty Limited | Level 3, 37 Pitt Street, Sydney, NSW | The laws of New South Wales, Australia | New South Wales, Australia |
9. GENERAL TERMS
A PDF copy of these terms and conditions is available here
This agreement (Agreement) is a legal agreement between you (one of our fantastic merchants) and TruRating Australia Pty Limited (trurating.com), a company incorporated and registered in Australia, ABN 92 601 298 499 whose registered office is at PO Box 881, Wahroonga, NSW, 2076 (us or we) for:
Please note that you need a subscription to TruRating in order to use the TruRating for Business App. If you don’t have one, you can get one for your business here: /en-au/login.
We’d love to know what you think of the TruRating for Business App. You can tell us or get in touch about other things TruRating at:
We license use of the TruRating for Business App (including in demonstration mode) and Documents to you on the basis of this Agreement and subject to any terms, rules or policies applied by any appstore provider or operator (Appstore) from whose site or app you download the TruRating for Business App (Appstore Rules).
Providing that you or your business has a subscription to TruRating, the TruRating for Business App and Documents are free for you to use (hooray!) but please note we are not selling the TruRating for Business App or Documents to you and we remain the owners of them at all times.
By downloading the TruRating for Business App (from us at trurating.com or from an Appstore) and using it, you agree to the terms of this Agreement which will bind you. These terms also apply to your use of the TruRating for Business App in any demonstration modes.
This Agreement has been entered into on the date you download the TruRating for Business App to a mobile device.
These terms of use of the TruRating for Business App include, in particular, the privacy policy referred to in paragraph 1.5 and limitations on our liability in paragraph 6.
Our privacy policy explains the data we collect from you, the reasons for collection and how we use and process it. Please note that we will capture your username and password when you log into the TruRating for Business App. If your username and password contains your personal information, we will capture this as part of the log in process to allow you to use the TruRating for Business App. For further information about how we use your data, please click here or go to: trurating.com/en-au/privacy-policy.
If you do not agree to the terms of this Agreement (sob), we will not license the TruRating for Business App and Documents to you and you must stop using the TruRating for Business App.
We suggest you print a copy of this Agreement for future reference.
together Can’t Do’s.
together Acceptable Use.
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