THE COPY CAT PHRASE FINDER – CUSTOMER ACCESS LICENCE AGREEMENT
IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT YOU MUST NOT CLICK “I ACCEPT” AND YOU MAY NOT USE THE PROGRAM.
This Customer access agreement is a legal agreement between us and you (either an individual or a single legal entity). Use of the program is offered only on the condition that you read and accept all the terms of this agreement. By clicking “I accept” at the end of these terms and conditions, you will accept them and become bound by them.
1. Grant of license
This agreement authorises the subscriber to access and to use the Copy Cat Phrase Finder Program (‘the Program’) and all other programs in the same domain as the Program in accordance with the provisions of this license.
2. Your obligations
The licensee hereby undertakes the following obligations:
(a) You must not copy, reproduce, translate, adapt, vary or modify the Program without our prior written consent;
(b) supervise and control the use of the Program in accordance with the terms of this licence;
(c) ensure your employees, sub-contractors and other agents to whom you give access to the program are made aware of the terms of this licence;
(d) not provide or otherwise make available the Program in any form to any person other than those referred to in paragraph (c) without our prior express written consent;
(e) not use the program other than in connection with your own business.
3. Warranties and limitations
(a) We warrant that the Program will in all material respects perform in accordance with the information contained on our website.
(b) You acknowledge that the Program cannot be guaranteed error free and that the existence of any such errors will not constitute a breach of this licence or entitle you to make any claim against us.
(c) If any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply except that our liability for breach of any such implied term will be limited, at our option, to the replacement of the services to which the breach relates or the supply of equivalent services.
(d) Except as expressly provided to the contrary in this agreement, we will not be liable to you or to any person claiming through you for any loss or damage, including special, indirect or consequential damages (such as loss of profits) arising from any breach of this licence or from the supply of a defective program.
(e) You acknowledge that you have exercised your own independent judgment in the use of the Program and have not relied on any representation which we have made or upon any descriptions or illustrations or specifications contained on our website or in any document or publicity material other than to the extent that same is expressly contained in this agreement.
You acknowledge that the Program is the subject of copyright. You will not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the program except as expressly authorised by this agreement.
You will indemnify us fully against all liabilities, costs and expenses which we may incur to a third party as a result of your breach of the copyright provisions of this licence.
5. Term of licence
(a) This licence commences upon successful payment and accurate completion of the registration form.
(b) The licence may be terminated in the following circumstances: –
(i) if you breach any term of this agreement
(ii) if you, being a corporation, becomes the subject of insolvency proceedings;
(iii) if you, being a firm or partnership, is dissolved;
(c) Termination pursuant to this clause will not affect any rights or remedies which we may have otherwise under this licence or at law.
You cannot assign, sublicence or otherwise deal with your rights under this agreement in any way without our prior express written consent.
Failure or neglect on our part to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of our rights under this licence.
8. Governing Law
The licence will be governed by and construed according to the law of New South Wales.
9. Fees for Premium Membership
The Copy Cat charges subscription fees to use parts of this site. You must pay the subscription fees to become a Member and have an account to utilise these areas. If you are paying the subscription fees or other fees in a foreign currency, your financial services provider may require you to pay foreign currency conversion charges in addition to the Copy Cat’s fees, and these charges are your responsibility.
IF YOU ARE A MEMBER, YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE.
You must nominate your credit card details or PayPal account and nominate whether you wish to accept an Annual Subscription or Weekly Subscription when you sign up to become a member, and your subscription will commence on that date (“Commencement Date”). You must pay for Subscriptions by Credit Card or via PayPal.
10. One-Year or Three-Year Subscription
If you choose a one-year or three-year subscription, you must pay the fee prescribed on the Website at the commencement date of your subscription. This fee is an upfront fixed charge which entitles you to access any subscription-only area of the Website for the length of your subscription from the date you subscribed. You authorise The Copy Cat to charge your credit card/PayPal account for this fee.
If you pay for your subscription using your PayPal account, your subscription will automatically renew on the anniversary of the commencement date of your subscription. If you do not wish your subscription to automatically renew, you must cancel the auto renewal/recurring subscription via your PayPal account before the next such anniversary date. Instructions for cancelling your recurring payments in PayPal.
UPDATE – SEPTEMBER 25, 2017 – CHANGE TO SUBSCRIPTION MODEL: We wish to advise new and existing Copy Cat customers that from 25/09/17 new sign ups to The Copy Cat Phrase Finder will be for the stated subscription period only, i.e. one year subscriptions will expire a year after sign up; likewise, three year subscriptions will expire 3 years from your registration date. There will be no automatic renewal by PayPal. In future, to renew your Copy Cat subscription you will need to follow the renewal link provided via the Copy Cat interface when your expiration date is imminent. Existing customers who have already signed up and have entered into an automatic renewal arrangement will be advised by email of the cancellation of their automatic payment profile – of course you will continue to have normal access to the Phrase Finder for the duration of your subscription. Please contact us if you require further clarification.
Please note: cancelling the auto-renewal in PayPal does not trigger a refund of the subscription cost. To request a refund, please contact us using the enquiry form located here for a prompt response. If a request is made within 7 days of your purchase of a one year or three year subscription, you will be eligible for a refund. The 7 day trial subscription is not subject to any refund under any circumstances.
If you choose a trial Weekly Subscription, you are entitled to access any subscription-only area of the Website for 7 days from the Commencement Date of your subscription. Please note that the 7 day trial subscription is not subject to any refund under any circumstances.
12. Copywriting & Proofreading Services
In the event that a project has been posted and cancelled after work has commenced, you will be obliged to pay for all work completed to date within 30 days. You do not have the right to withhold or reduce payment based on your critical response to, or appraisal of, the copy we write for you. If, when you see a draft, you are dissatisfied with any work we have produced for you, we will do our best to resolve your concerns. Once The Copy Cat Phrase Finder Pty Ltd has provided copy to you for review, you must, within 5 business days, advise The Copy Cat Phrase Finder Pty Ltd of any changes required as a result of the review. If no changes are requested within this time then the copy will be taken to have been completed, approved, and accepted, and the client will be invoiced accordingly.