1. Purpose

    1.1 Welcome to the SocialQ mobile website located at www.socialq.net (SocialQ). SocialQ is owned and operated by Marketing Melodies Pty Ltd (ACN 058 174 628) (Marketing Melodies). These terms and conditions (Terms) and the Privacy Policy govern your access to, and use of SocialQ. The terms which apply to the Customer are those which are published at the time of the Customer’s use of SocialQ.

    1.2 By using SocialQ, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, SocialQ. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use SocialQ.

    1.3 By Booking a Service, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to on SocialQ. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, Book a Service.

    1.4 In these Terms, the words “we”, “our” and “us” refer to Marketing Melodies and its directors, officers, employees, agents, related entities and affiliates and “Customer”, “you” or “your” means the person who agrees to be legally bound by these Terms.

  2. Definitions

    3. 2.1 In these Terms, unless expressly provided otherwise:

    1. “Account” means a SocialQ account set up by a Customer;
    2. “Book” means in respect of Delivery Booking Services, placing a Delivery Request in accordance with clause 6, and, in respect of Reservation Services, making a Reservation at a Business or queuing on a virtual Waitlist for a Reservation in accordance with clause 5 and Booking has a corresponding meaning;
    3. “Business” means a third-party retail store and/or café/restaurant that is listed on SocialQ;
    4. “Content” means all of the material and information (including all text, links, graphics, logos, audio and software) published on SocialQ;
    5. “Credit Card Requirement” has the meaning given to that term in clause 5.2(c)
    6. “Data” means any data or information inputted by a Customer into SocialQ;
    7. “Delivery” means a delivery of an Order by a Delivery Driver booked via the Delivery API and Delivered has a corresponding meaning;
    8. “Delivery API” means the Delivery Partner application programming interface (API) that will allow SocialQ to exchange information from a Business with a Delivery Partner to request Deliveries by Delivery Drivers;
    9. “Delivery Address” means the address provided by the Customer to which the relevant Order is to be delivered by a Delivery Driver;
    10. “Delivery Booking Service” means the facilitation of Delivery Requests via SocialQ;
    11. “Delivery Details” means the Customer’s:
      1. full name;
      2. contact number;
      3. email address; and
      4. Delivery Address.
    12. “Delivery Driver” means an independent delivery courier contracted by a Delivery Partner;
    13. “Delivery Fee” means the delivery fee payable by Customers for the Delivery of an Order, calculated at the time of making a Delivery Request, and which must be accepted by the Customer prior to the Delivery being made by the Delivery Partner;
    14. “Delivery Partner” means a third party last mile delivery service provider whose independent delivery services product is integrated with SocialQ;
    15. “Delivery Restrictions” means:
      1. the Order or item limitations (including weight, size and value);
      2. any requirements for the Customer to be present at the Delivery Address to accept Delivery within the stated Delivery window;
      3. any requirement for a signature or identification to be provided by the Customer on Delivery (including in respect of the delivery of alcohol or other age restricted items); and
      4. any other restrictions or limitations on what can be Delivered, listed and/or referenced on SocialQ (including those of any applicable Delivery Partner), and made available to the Customer prior to a Delivery Request being made by a Customer;
    16. “Delivery Request” means a request for Delivery of an Order made via SocialQ which is capable of acceptance by a Delivery Partner which contracts the Delivery Driver;
    17. “Details” means the date, time, number of patrons and Store dining area (if applicable) selected by the Customer in connection with a Reservation;
    18. “Fees” means the Delivery Fee, SocialQ Fee and any payment processing fee payable by the Customer in respect of a Delivery;
    19. “Goods” means any goods ordered by the Customer directly from a Business;
    20. “Intellectual Property” means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable);
    21. “Listing” means the listing/s of the Store that Customers may make a Reservation via SocialQ;
    22. “Notification” has the meaning given to that term in 5.2(e);
    23. “Order” means an online or digital order for Goods made by the Customer with a Business;
    24. “Payment Method” means the payment method used by the Customer to pay the Delivery Fee and SocialQ Fee;
    25. “Preferences” has the meaning given to that term in clause 5.2(b);
    26. “Privacy Policy” means the SocialQ privacy policy as amended from time to time, the current version of which is available at: https://socialq.net/privacy-policy;
    27. “Quote” has the meaning given to that term in clause 6.3(d);
    28. “Reservation” means a reservation with a Business made via SocialQ;
    29. “Reservation Service” means the facilitation of Reservation and Waitlist Bookings via SocialQ;
    30. “Review” has the meaning given to that term in clause 11;
    31. “Service” means a Reservation Service or a Delivery Booking Service, and together the “Services”;
    32. “SocialQ Fee” means a flat fee of 50c per Delivery, or such other amount as notified by Marketing Melodies from time to time”;
    33. “Special Conditions” means any applicable cancellation policy, Credit Card Requirement and/or special conditions in connection with the Reservation that are imposed by the Business;
    34. “Store” means single or multiple retail store/s and/or restaurant/s registered via SocialQ by the Business in connection with a Listing or Delivery Request (as applicable);
    35. “Store Details” means a Stores trading days and hours, contact hours; and address;
    36. “Third Party Site” has the meaning given to that term in clause 15.
    37. “Reservation” means a reservation with a Business made via SocialQ;
    38. “Waitlist” means a virtual waitlist for a Reservation that is unavailable at the time a Customer initiates a Reservation but where such Reservation may become available in the future.
    39. “Reservation process” has the meaning given to that term in clause 5.2.

    2.2 Any reference in these Terms to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.

  3. Use of SocialQ

    4. 3.1 Unless we agree otherwise in writing, you may only access or use SocialQ for your own personal, non-commercial use.

    3.2 You m ay not use SocialQ, or any Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third party services.

    3.3 You must ensure that your access to and use of SocialQ is not illegal or prohibited by laws which apply to you.

    3.4 You acknowledge that as a condition of entering into these Terms you shall accept any terms of sale or other requirements and conditions, as applicable, in respect of any purchase from a Business.

    3.5 SocialQ and its Content, including links, are provided to you ‘as is’ and your access to and use of this website is at your own risk.

    3.6 In the event that you breach these Terms, in order to protect our legitimate interests we may at our sole discretion and without prior notice:

    1. stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of SocialQ;
    2. cancel any Reservations, Waitlist positions, Deliveries and/or Delivery Requests in connection with you and/or your Account;
    3. suspend, limit access to or terminate your Account; and
    4. refuse any future use of your Account

    3.7 You have the right at any time to terminate or suspend your Account via your Account or by contacting us at: info@socialq.net.

    3.8 The following sections of these Terms survive termination: [insert].

  4. Your Account

    5. 4.1 You may create an Account by completing the account sign up process via SocialQ which involves providing your name and phone number. Alternatively you can Book a Service as a guest.

    4.2 You are solely responsible for maintaining the accuracy and confidentiality of your Account.

  5. Reservation Services

    6. 5.1 Reservation Services

    1. You acknowledge and agree that:
      1. SocialQ is an online platform to facilitate:
        1. your Reservation at a Business; and
        2. your queuing on a virtual Waitlist for a Reservation that is unavailable at the time you initial the Reservation, but where such Reservation may become available in the future;
      2. we are not responsible for any acts, omissions or conduct of the Businesses in respect of your Reservation or your queuing on a virtual Waitlist for a Reservation;
    2. The availability of a Reservation and your ability to join a Waitlist is determined at the time you initiate a Reservation, by the Business. We cannot and do not guarantee that such Reservation will become available or that you will be able to join a Waitlist.

    5.2 How to make a Reservation

    1. In order to Book a Reservation, you must:
      1. enter a Listing on SocialQ and select the relevant Details;
      2. agree to the Special Conditions (where applicable);
      3. Book the Reservation via your Account or by entering your contact details as a guest,
        4. (“Reservation Process”).
    2. During or after the Reservation Process, you may be requested to provide further information (including requests, product preferences and dietary restrictions) in connection with the Reservation in order for the Store to provide its services and/or improve your experience in connection with the Reservation (“Preferences”).
    3. Where a Business requires a debit or credit card number to complete a Reservation, you agree to provide valid debit or credit card information (“Credit Card Requirement”).
    4. To confirm that the debit or credit card information provided by you is accurate, the relevant Business may place a temporary authorisation hold on such debit or credit card until such confirmation is provided. You agree that we shall have no liability for any charges made by the Business to the debit or credit card account and/or other charges incurred resulting from the Credit Card Requirement.
    5. Where you have, via SocialQ, made, changed and/or cancelled a Reservation, and/or a Reservation becomes available via a Waitlist, the Business will be responsible for sending you an SMS confirmation via SocialQ (“Notification”).

    5.3 How to join a Waitlist

    1. If a Reservation (whether completed or not), Details, and/or Preferences is unable to be supplied or carried out by the Store, SocialQ may suggest to you an alternative similar Store(s) and/or offer you the option of joining a Waitlist for the relevant Reservation.
    2. You may join a Waitlist directly via SocialQ or by scanning a Business’ QR Code that will link you to the relevant Waitlist on SocialQ.
    3. You may remove yourself from a Waitlist via SocialQ.
    4. You agree that a failure to appear at the Store in a timely manner may result in the Business bypassing your position on the Waitlist and/or removing you from the Waitlist entirely.
    5. The estimated wait time or position on a Waitlist is determined by the Business at the time you initiate a Reservation. We cannot and do not guarantee that such Reservation will become available.
    6. Where you have, via SocialQ joined a Waitlist and/or a Reservation becomes available via a Waitlist, the Business will be responsible for sending you a Notification.

    5.4 Reservation cancellations and changes

    1. If you are unable to attend a Reservation, you are required to cancel your Reservation via SocialQ and/or the Business directly at least 30 minutes in advance of the Reservation, or in accordance with any applicable cancellation policy as outlined in the Special Conditions.
    2. If you do not honour your Reservation in accordance with the Details and/or the Special Conditions, the Business, in its sole discretion, may cancel the Reservation.
    3. If you wish to change the Details and/or Preferences, you may make a request to the Business as soon as practicably possible, and the Business, in its sole discretion, may either accept such changes or cancel the Reservation if such requests are unable to be granted.
    4. If the Business is unable to carry out the Reservation for any reason, the Business, in its sole discretion, may cancel the Reservation by notifying you within reasonable time.

    5.5 Reservation Services Warranties

    5.6 By using the Reservation Services, you represent and warrant that:

    1. you are at least 18 years of age and are legally entitled to enter into these Terms, or if you not 18 years of age, you have the permission of your parent or legal guardian to do so, and to Book Reservations;
    2. That all Data uploaded to SocialQ is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that may interfere with our privacy, data or computer systems;
    3. that you will use best efforts to honour a Reservation in accordance with the Details, Special Conditions and/or Preferences, including by arriving at the Store on time;
    4. you will not Book and/or join multiple Reservations and/or Waitlists where new Reservations and/or Waitlists conflicts with existing Reservations and/or Waitlists;
    5. you will not book and/or join any Reservations and/or Waitlists with the intention of interfering or attempting to interfere with another Customer’s access and use of SocialQ or receipt of goods or services from the Business;
    6. you will not sell or attempt to sell Reservations or Waitlist positions;
    7. you will provide your contact details and any other relevant information to the Business for the purposes of government and/or regulatory compliance, including but not limited Coronavirus (COVID-19) requirements;
    8. you are responsible for all fees associated with contacting the Business and/or the Store directly, including SMS and phone calls charges;
    9. that you agree you may be asked to complete a survey in connection with their experience using SocialQ and/or the Business; and
    10. if you are using SocialQ or agreeing to these Terms on behalf of another person or entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to bind such person or entity to the terms of this Agreement.

  6. Delivery Booking Services

    7. 6.1 Delivery Booking Services only You acknowledge and agree that:

    1. SocialQ is an online platform to facilitate you Booking a Delivery of your Order from a Business to your Delivery Address by Delivery Drivers, who are contracted by Delivery Partners.
    2. Delivery of any Order will be fulfilled solely by the relevant Delivery Partner and their Delivery Driver;
    3. we are not responsible for any acts, omissions or conduct of Delivery Partners or their Delivery Drivers;
    4. we are not responsible for any acts, omissions or conduct of the Businesses from whom you have purchased Goods;
    5. you may be declined any Delivery Booking Services, at the Delivery Partner’s discretion;
    6. we are not and do not hold ourselves out to be, a courier service provider or common carrier and do not provide services in connection with and are not responsible for the Delivery that is provided by the Delivery Provider.

    6.2 Business is supplier of Goods

    1. You acknowledge and agree that any Orders which are Delivered utilising our Delivery Booking Service will be fulfilled by the relevant Business from whom you ordered and purchased those Goods. The purchase of those Goods is a transaction between you and the Business.
    2. Use of SocialQ or the Delivery Booking Services does not make us a party to any transaction between you and the relevant Business. Any contract formed between you and a Business in respect of an Order is solely between you and such Business and we do not assume any responsibility arising out of or in connection with that contract, including in respect of any refunds. If you have any issues or queries regarding Goods that have been Delivered, you must deal directly with the Business.
    3. We do not give any warranties with respect to the Goods Delivered or any services or information otherwise provided to you by a Business. We are not responsible for:
      1. product liability claims;
      2. claims that the offer or sale of Goods or services fails to conform to any applicable legal or regulatory requirement;
      3. claims in respect of the Business’ Goods, services, or practices arising under consumer protection or similar legislation (including the Australian Consumer Law);
      4. any inaccurate, incomplete or out of date information provided by the Business.

    6.3 How to Book a Delivery

    1. After completing an Order with a Business, you will be notified when the Order is ready for collection and you may also be given an option to request that the Order is Delivered rather than collected by you.
    2. You will not be offered to make a Delivery Request for every Order with a Business – this will depend on various factors including the location of the Store, the Store’s trading hours and your Delivery Address.
    3. Before submitting a Delivery Request you must carefully read the Delivery Restrictions. You must not submit a Delivery Request unless the Order and Delivery Details meet the Delivery Restrictions both on placement of the Delivery Request and upon Delivery (for example a restriction that requires the recipient to produce photo identification upon Delivery).
    4. Before submitting a Delivery Request, you will be prompted to type in your Delivery Details which will enable you to see the Fees payable and estimated arrival time of the Delivery if you make a Delivery Request (Quote).
    5. If you would like to make a Delivery Request based on the Quote, you will be prompted to continue with the Booking. You will then be directed to make payment via the Payment Method, and by doing so you commit to pay the Fees to Marketing Melodies through SocialQ, as set out in further detail at clause 6.5. If your Delivery Address is too far from the Store or you are unable to confirm that your Order and Delivery Details meet the Delivery Restrictions, you will be unable to make a Delivery Request.
    6. Delivery Requests will be passed on via the Delivery Partner to Delivery Drivers who may choose whether to accept the Delivery Request and make the Delivery. If a Delivery Partner accepts the Delivery Request you will be notified (“Order Confirmation”). Once you have received an Order Confirmation, your Delivery Request cannot be cancelled by you for change of mind without incurring the [Delivery Fee and SocialQ Fee].
    7. Delivery availabilities will be limited based on the availability of Delivery Drivers and the Store Details. You will be notified if your Delivery Request is unable to be accepted by a Delivery Partner or a Delivery Driver for any reason. Your Delivery Request can be declined or cancelled by a Delivery Partner or Delivery Driver at any time prior to Order Confirmation.
    8. Once you receive an Order Confirmation, you may receive status updates regarding the progress of your Delivery, either via clicking the “track my order” link on SocialQ or, in respect of certain Delivery Partners, via text message from the relevant Delivery Partner.

    6.4 Deliveries may be left unattended

    1. Unless the Delivery Restrictions specify that the Order the subject of your Delivery Request may not be left unattended (for example, if you must present identification), if you are not at the Delivery Address at the notified time of Delivery, you grant the Delivery Partner an authority to leave your Order at the Delivery Address.
    2. If you do not agree to grant this authority to leave, or you do not have a safe place to do so, then you should not proceed with your Delivery Request. By proceeding with the Delivery Request, you are agreeing to these arrangements.
    3. Prior to leaving Goods unattended at the Delivery Address, Delivery Drivers will, if safe to do so, check to see if you are at the Delivery Address. The Delivery Partner will also provide you with a text message record of delivery, as well as an estimated delivery time at the time of making a Delivery Request.
    4. You agree that, where a Delivery was left unattended, evidence that a Delivery Driver entered the geofence of the Delivery Address or a photo of the Order taken at the Delivery Address is conclusive evidence that the Order the subject of your Delivery Request was Delivered.

    6.5 Fees

    1. You must be fully entitled to use your chosen Payment Method to pay the Fees and the payment method must have sufficient funds, credit or other payment facilities to cover the Fees.
    2. The Delivery Fee will be paid by us to the Delivery Partner. The SocialQ Fee will be retained by Marketing Melodies.
    3. If the circumstances outlined under clause 6.6 are satisfied, you may be required to pay the Fees despite the Order not being successfully delivered.
    4. You will be entitled to a refund of the Delivery Fee and/or the Order cost in the circumstances set out in clause 6.7.
    5. In certain circumstances, you will be charged additional amounts in connection with a Delivery Request, these circumstances are set out in clause 6.6.

    6.6 Return Fees

    1. If:
      1. a Delivery Driver arrives at the Delivery Address and there is no-one present and the Delivery Restrictions specify that Order cannot be left unattended; or
      2. the Delivery Restrictions require a signature and/or identification to be provided upon Delivery and such requirements are not met, you acknowledge and agree that:
      3. the Order must be returned to the relevant Store;
      4. the Delivery Fee is non-refundable;
      5. you may not receive a part or all of the Order; and
      6. the Delivery may be subject to a non-refundable return fee, as set out in clause 6.6(b).
    2. If the circumstances in this clause 6.6 arise the Delivery Partner may direct us to charge you the following additional Fees:
      1. in respect of Orders requiring you to provide identification and/or a signature (including in respect of alcohol and other age-restricted products), you will incur a return fee of 100% of the Delivery Fee for the Delivery Request; and
      2. in respect of all other Orders, you will incur a return fee of 60% of the Delivery Fee for that Delivery Request,
        3. or such other amounts as notified to you prior to making your Delivery Request.
    3. If a Delivery Partner notifies Marketing Melodies that a return fee is payable by you, you authorise us automatically charge the relevant return fee (as set out in clause 6.6(b)) to the Payment Method.

    6.7 Refunds

    1. Exchanges, refunds and returns of Ordered Goods, and refunds of Fees, are controlled and managed by the Business from whom you purchased your Order. Please contact the Business for assistance as soon as possible.
    2. To the extent permitted by law, and subject at all times to any rights and remedies you may have under the Australian Consumer Law, Fees paid by you for completed and delivered Orders are final and non-refundable and Marketing Melodies has no obligation to provide refunds or credits to you, other than on the terms of this Agreement.
    3. You will be entitled to a refund of the Delivery Fee from the Business, to be paid to you directly by the Business, in accordance with the Business’ terms and conditions, in the following circumstances:
      1. your Delivery Request for which you have received an Order Confirmation was cancelled because your Order was not ready for collection from the Store;
      2. your Order was delivered more than 30 minutes after the stated delivery time because the Goods were not ready at Store for collection; and
      3. your Order was Delivered but items are missing or incorrect and the Business did not provide correct or all items in the Order.
    4. You will be entitled to a refund of the Delivery Fee from the Delivery Partner, to be paid to you by us, in the following circumstances:
      1. the Delivery Partner cancels an Order without fault from the Customer or the Business;
      2. the Order was delivered more than 30 minutes after the stated delivery time, the Goods were collected on time and the delay was caused by Delivery Partner / Delivery Driver; and
      3. the Order could not be delivered due to Delivery Driver issues (e.g. mechanical failure) and Goods were returned to the Store.
    5. You will be entitled to a refund of the Delivery Fee and the Order value (up to $2,000 per delivery) from the Delivery Partner in the following circumstances:
      1. Order could not be delivered due to Delivery Driver issues (e.g. mechanical failure) and Goods were not returned to the Store;
      2. Order was left unattended, Delivery Driver picked up Order and marked as delivered, the Customer claims that they did not receive their Order and the Delivery Driver:
      3. did not enter geofence of Delivery Address provided; or
      4. did not take a photo upon delivery.
      5. Order required signature or ID scan, Delivery Driver picked up Order and marked as delivered, Customer claims they did not receive the order and the Delivery Driver:
      6. did not enter geofence of Delivery Address provided; or
      7. did not capture signature or ID scan when required;
      8. Delivery Driver delivered the wrong Delivery / Order or forgot items at the Store. Customer will only be entitled to a refund of the Order value up to the cost of missing/incorrect items; and
      9. Delivery was completed but items in Order are damaged by Delivery Driver. Customer will only be entitled to a refund of the Order value up to the cost of damaged items.
    6. For refunds of a Delivery Fee and/or an Order cost that are that are the responsibility of the Delivery Partner, if the Delivery Partner authorises and directs Marketing Melodies to refund any such amount, Marketing Melodies will facilitate a refund of the relevant amount to the Payment Method. For the avoidance of doubt, Marketing Melodies is only responsible for facilitating the payment of the refund of the Delivery Fee and/or the Order cost to the Payment Method and will not be liable in any other circumstance in respect of refunds of the Delivery Fee and/or Order cost.
    7. Marketing Melodies will issue a refund of the Social Q Fee directly to you if there is any refund of the Delivery Fee or Order cost for which the Delivery Partner or Business is responsible, as set out in this clause 6.7.

    6.8 Delivery Booking Services Warranties By using the Delivery Booking Services, you represent and warrant that:

    1. you have read and understood the Delivery Restrictions and each Delivery Request made by you will meet the Delivery Restrictions;
    2. you are at least 18 years of age and are legally entitled to enter into these Terms, or if you not 18 years of age, you have the permission of your parent or legal guardian to do so, and to place Delivery Requests and Orders;
    3. you will provide accurate Delivery Details when making a Delivery Request;
    4. that you agree that your purchase of Delivery Booking Services from us is subject to availability of Delivery Drivers, and any Delivery Restrictions, as specified through SocialQ or the Business website; and
    5. that all Data, including Delivery Details, uploaded to SocialQ is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that may interfere with our privacy, data or computer systems.

  7. Acceptance

    1. The Delivery Booking Services shall cease at the time of Goods being delivered to you.
    2. Legal title to Goods shall transfer to you at the time the Goods are picked up by the Delivery Driver for Delivery.
    3. Risk in the Goods shall transfer to you at the time the Goods are picked up by the Delivery Driver for Delivery.

  8. Privacy and data

    9. By accessing and using Social Q, you consent to:

    1. Marketing Melodies collecting, storing, using, disclosing, transferring and otherwise handling Customer personal information in accordance with our Privacy Policy. If you do not agree to this, then you should cease use of SocialQ and/or the Services;
    2. the Customer’s name, telephone number, email address and Delivery Address being shared with the Delivery Partner to enable Deliveries to be made by Delivery Drivers; and
    3. receiving Delivery status updates by e-mail, text messages, and telephone calls from the Delivery Partner and Delivery Drivers.

  9. Promotions

    10. You acknowledge that we may offer promotions in connection with certain Businesses from time to time and such promotions will be conducted in accordance with the published terms and conditions of such promotions.

  10. Copyright and Intellectual Property

    1. The SocialQ platform, including but not limited to all trade marks, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to us (“SocialQ Materials”). All rights are reserved. No SocialQ Materials or SocialQ Intellectual Property may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, reverse engineered, sold or otherwise exploited in any form or by any means, in whole or in part, other than in accordance with these Terms, without our prior written consent.
    2. The Customer has no right, title or interest in any SocialQ Materials or Intellectual Property of SocialQ, and nothing in these Terms transfers or assigns any SocialQ Materials or Intellectual Property of SocialQ to the Customer.

  11. Review

    1. You may submit a review of SocialQ in respect of your experience with SocialQ using the resources provided to you by SocialQ (Review).
    2. You acknowledge that any Review must:
      1. be made in good faith;
      2. be honest; and
      3. accurately reflect your experience with SocialQ.
    3. You acknowledge that any Review must not:
      1. be misleading or deceptive;
      2. contain any virus or spam;
      3. be for your commercial gain or advantage, without SocialQ’s consent.

  12. Rights under Australian Consumer Law

    1. In addition and separately to your rights under these Terms, you have rights and remedies under the Australian Consumer Law in relation to the services the subject of this Agreement that cannot be excluded, restricted or modified. In particular, if there is a relevant failure in that service, you can cancel the service and are entitled to a refund or compensation. You may also be entitled to have issues with the services rectified in a reasonable time.
    2. The Delivery Partner is liable under the Australian Consumer Law for the services supplied to you in connection with the Delivery.
    3. The Business is liable under the Australian Consumer Law for the Goods that you Order from or services otherwise received from that Business.
    4. We are liable under the Australian Consumer Law for the services supplied to you in connection with the operation of the SocialQ website platform.

  13. Disclaimer and limitation of liability

    1. Subject to clause 12, in addition to any other limitations of liability set out in this Agreement and to the extent permitted by law, SocialQ and the Services are provided on an "“as is"” basis and without representations or warranties of any kind to the Customer, whether express or implied, including without limitation that access to or use of SocialQ will be uninterrupted or error-free. We do not represent that SocialQ will be secure or free of viruses or other harmful material or elements.
    2. Subject to clause 12, and to the maximum extent permitted by law, Marketing Melodies is not liable for any exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective lost revenue or profits).

  14. Indemnity

    15. Subject to clause 12, to the maximum extent permitted by law, the Customer indemnifies Marketing Melodies from and against all liability, loss and damage of any kind whatsoever arising from or in connection with, directly or indirectly:

    1. any Data imported onto SocialQ by you;
    2. the improper access and use of SocialQ, including in breach of this Agreement;
    3. any material breach of this Agreement by you;
    4. any negligent or wilful act or omission made by you;
    5. any claims made by you in respect of a Delivery or the Goods the subject of a Delivery;
    6. any breach of any warranty or representation given by you in these Terms,
    7. except to the extent that any liability, loss or damage is directly caused by Marketing Melodies.

  15. Links

    16. Where SocialQ contains an advertisement or link to a third party website, application or other online location (Third Party Site), you acknowledge that:

    1. SocialQ has no control over and shall not be responsible for the content, accuracy of the information and any products or services found on or provided by Third Party Sites;
    2. SocialQ therefore shall not be held responsible, in any circumstances, in respect of any costs, loss or damage suffered by you as a result of any use by you or association with the Third Party Site;
    3. you access any Other Site entirely at your own risk.

  16. Severability

    17. If part or all of any provision of these Terms is illegal, invalid, void or unenforceable in any jurisdiction, it is to be treated as severed from these Terms in that jurisdiction and will not affect the continued operation of that provision or that part of the provision in another jurisdiction, or of the remaining provisions of these Terms in any jurisdiction.

  17. Waiver

    18. Waiver of any power or right under these Terms:

    1. must be in writing signed by the party entitled to the benefit of that power or right; and
    2. is effective only to the extent set out in that written waiver.

  18. Entire agreement

    1. Subject to clause 18.2, this document, the Privacy Policy and any other terms referenced in these Terms or at the time of making a Booking, constitute the entire agreement between the parties in relation to its subject matter.
    2. Clause 18.1 does not exclude, restrict or modify any guarantees, warranties, rights or remedies that a party may be entitled to under any applicable legislation, which cannot be excluded by law (including, without limitation, under the Australian Consumer Law ).

  19. Assignment, novation or other dealing

    20. Marketing Melodies may assign the provisions of these Terms at its discretion. In the event of such assignment, you are permitted to terminate your Account in accordance with clause 3.7.

  20. Governing Law

    1. These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of SocialQ.
    2. SocialQ may be accessed in Australia and overseas. We make no representations that SocialQ complies with the laws of any country outside Australia, and if you access the Website from outside Australia, you do so at your own risk.

  21. Effective date

    22. These Terms are effective on and from 1st March 2023.