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Terms of Use

A. Definitions

  1. The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Vouch Privacy Statement, available at vouchfor.com/privacy) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Vouch.
  3. The “Website” refers to Vouch’s website located at Vouchfor.com, and all content, services, and products provided by Vouch at or through the Website. It also refers to Vouch-owned subdomains of Vouchfor.com, such as vouchfor.us. Occasionally, websites owned by Vouch may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  4. “Organisation” refers to the individual person, company, entity, or Organisation that has a Vouch free, paid or trial user account with the Vouch service and is using the platform to collect feedback, collect testimonials, build forms, collect Personal Information and Content from You.
  5. “Vouch,” “We,” “Us,” and “Our” refer to Vouch Pty Ltd as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. “Submitter,” “You,” and ”Your” refer to an individual, company, or Organisation that provides personal data or user-generated content to the “Service.” A Submitter must be at least 13 years of age.
  7. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, video, graphics, software, applications, designs, features, forms, sequences, and other materials that are available on the Website or are otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise , created , uploaded, or submitted by the User or Submitter. "Your Content" is Content that you create , own, or is submitted to you through the Website.
  8. “Personal Information” refers to content collected from an Organisation by the Vouch service or obtained through a third-party or mechanism that contains information such as but not limited to name, email, phone, and address.
  9. “Highly Sensitive Information” refers to sensitive information such as health records, credit card data, social security numbers, bank accounts, or information that may have additional legislation or regulations around how it is collected and stored or would cause damage to an individual if were made public.

B. Acceptable Use

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libellous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits or uses our platform for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using Vouch, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any Organisation, individual or group, including Vouch employees, officers, and agents, or other Vouch Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Vouch's servers in ways that could harm our Website or Service, to place undue burden on Vouch's servers through automated means, or to access Vouch's Service in ways that exceed your authorization ;
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Vouch, or by fraudulently misrepresenting your identity or site's purpose; or
  • violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Scraping

Scraping refers to extracting data from our Website or Service via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Vouch's API or promoted embeddable web forms or landing pages.

You may not scrape Vouch for spamming purposes, including for the purposes of selling Vouch users' personal information, such as to recruiters, head-hunters, and job boards. All use of Vouch data gathered through scraping must comply with the Vouch Privacy Statement [https://www.vouchfor.com/privacy].

C. User-Generated Content

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. User-Generated Content that you post, upload, link to or otherwise make available via the Service may be used by the Organisation as they see fit. We are not responsible for any public display or misuse of your User-Generated Content.

2. Vouch May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Vouch terms or policies.

3. Ownership of Content, Right to Post, and License Grants

When a Submitter submits User-Generated Content to Vouch through any mechanism or through a form the Content including written reviews, feedback, images, and video becomes the property of the Organisation. The Organisation will retain ownership and grant us — and other Vouch Users within the Organisation — certain legal permissions and licenses to utilise that information.

4. License Grant to Us

Vouch will retain the legal right to host the Content, publish it, and share it. You and the Organisation grant us and our legal successors the right to store, parse, and display submitted Content and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups, show it to you and other users, parse it into a search index or otherwise analyse it on our servers, share it with other users and perform it, in the case Your Content is video or audio. This license does not grant Vouch the right to sell the Content or otherwise distribute or use it outside of our provision of the Service.

5. Moral Rights

To the extent this agreement is not enforceable by applicable law, You grant Vouch the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

6. Data Retention Period

Content will be held within the Vouch application until the Organisation voluntarily removes it or their account is terminated. When Content is removed from Vouch it may take up to 30 days before the content is removed from the Vouch service. Content may remain in secured and encrypted backups for up to 1 year.

7. Right to be Forgotten

You may reach out directly to the Organisation to request the removal of your personally identifiable contact information such as name, email, phone number, or address. The Organisation’s contact information should be made available on their website, in a privacy policy on their website, or a contact page. If you have made this request and the Organisation has failed to comply or you have not been able to contact the Organisation you may email hello@Vouchfor.com regarding the Organisation and the details regarding the information to be removed. Vouch will then verify your email and/or mobile/SMS number prior to attempt to remove it from the Organisation. If the Organisation uses this content themselves or in other systems, Vouch can not directly assist in the matter. If you are unable to get confirmation from the Organisation directly, we cannot guarantee results but will provide a best effort to assist you in the matter.

8. Highly Sensitive Information

Under no circumstance should you use Vouch to Submit any content that would be considered Highly Sensitive Information such as Personal Health Information (PHI), credit card numbers, bank account information, or data that could be extremely damaging to You if it was made public.