VOICEOUT TERMS AND CONDITIONS AND PRIVACY POLICY

Terms and Conditions

Background

VoiceOut offers a range of software solutions to record and insert voice-messages within email and is available as:

• a Microsoft Outlook add-in
• a Google Chrome extension
• a Mozilla Firefox extension
• a Google Android application
• an Apple iOS application

Our main registered domain name is https://www.voiceout.com.au/  (the “Website”).

VoiceOut is owned and operated by VoiceOut Pty Ltd, ACN 619 543 118, registered in Australia.

VoiceOut comprises:

1. The VoiceOut Website, the software solutions range and all components thereof(hereinafter referred to as the “Applications”)
2. All services provided by the Applications(thereinafter referred to the “Services”)

These Terms of Service and Conditions (“Conditions”) govern Your access and use of the Applications and Services.

“You” or “Your” means an adult user of the Services, or as the parent or guardian of any minor whom You allow access to the Services, and for whom You will be held strictly responsible.

By downloading or using the Applications, registering to use the Applications or Services or otherwise accessing the Applications on any device, You may be eligible to use any of the Services.

Any information that You supply to us will be governed by these Terms and our Privacy Policy. These terms and our Privacy Policies may be updated from time to time by us. You agree to abide by the rules and policies established from time to time by us. Such rules and policies will be applied generally in a non-discriminatory manner to all users of the Services.

Please read these Terms carefully. These Terms govern Your access to and use of the Services. You must accept these Terms prior to using the Applications or Services. By using the Applications and Services, You signify Your consent to both these Terms and our privacy policy, which is available at (“Privacy Policy”) https://voiceout.com.au/terms-and-privacy/.

If You are using the Applications and Services on behalf of Your employer or another entity, You represent and warrant that You have full legal authority to bind Your employer or such other entity to these Terms. If You do not have such authority, then You may not use the Services on behalf of Your employer and You must discontinue all use of the Services immediately. By launching the Applications, You represent and warrant that You are authorized by Your employer to access the Services.

Account Registration, Licencing

To acquire the rights of authorized use for the Applications and Services, You must buy a Licence (“Licence”). You will be charged a fee for the Licence, using payment options available within the Website or other authorized distribution platforms. One or multiple Licences can be bought simultaneously.

Licences are registered to You personally and may not be transferred, sold, traded, gifted at any time under any circumstances. You are held responsible for the security of Your Licences.

Each Licence is assigned a paired end-user/machine.A single licence is for one concurrent device only. A single licence can be transferred from one device to another by removing the software from an existing licenced device. Multiple single licences can be purchased to license multiple devices.At our discretion, we may offer limited use of the Applications and Services with a free trial. The free trial period is subject to limitations specified in the Applications page. If at the end of the free trial period, You wish to continue use of the Applications and Services, You will have to acquire a Licence, provide Your billing information and be charged through Your designated payment method.

Intellectual Property & Content

VoiceOut Pty Ltd owns the Applications and Services, including all worldwide intellectual property rights in the Services, and all trademarks, service marks, and logos contained therein.

If You are a Personal User, VoiceOut hereby grants You a limited, revocable, personal, worldwide, royalty-free, non-exclusive, non-sublicensable and non-assignable License to use the Services solely for Your Personal or Business Use.

You will not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use, remove or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website, Services, Applications or any Content, except as VoiceOut may expressly permit.

During the term of these Terms:

• You may use the Applications and Services to record and send Your recordings through Your nominated email account.

You are not required to provide VoiceOut with any feedback or suggestions regarding the Services, Applications or any Content. However, should You provide VoiceOut with comments or suggestions for the modification, correction, improvement or enhancement of the Services, Applications or any Content then, subject to the terms and conditions of this Agreement, You hereby grant VoiceOut a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner VoiceOut chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of VoiceOut’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media VoiceOut chooses, but without reference to the source of such comments or suggestions.

User Submissions

VoiceOut provides a means to record and insert Your voice within email.  VoiceOut accepts no responsibility or otherwise for any content of any message or voice recording sent by You using VoiceOut. You are solely liable and indemnify and shall keep VoiceOut indemnified against all liability in respect of such content. In order to use certain parts of the Applications or Services, You may be asked to supply certain personal information. VoiceOut will treat all personal information as described in our Privacy Policy. All personal information that You provide must be accurate and complete.Please note that, while we seek to have the companies with whom we do business observe the spirit of our Privacy Policy, we cannot guarantee or be responsible for what they do with personal information that You provide. If any voice secondary is made public, VoiceOut shall not be responsible and You shall not be entitled to any compensation or payment.

You expressly agree that You shall observe all applicable laws, regulations and rules of other third-party websites and services in forwarding, embedding or posting Your Content. You shall not forward, post or otherwise distribute any Content or links to Content that violates these Terms. You may not embed any Content in any third-party site if such third-party site contains any content that would violate these Terms. You accept full liability for all Content that You modify, forward or post, including in respect of any third-party intellectual property rights or moral rights in such Content. VoiceOut cannot accept any liability in respect of Your modifications of any Content. You shall fully indemnify VoiceOut for any breach of the terms set forth in this paragraph.

You agree that You will not use the Services in any manner or transmit any voice recording that:

• Restricts or inhibits use of the Website and Services or the Applications;
• Uses any Account or password without prior permission;
• Obtains or solicits another person’s password or other personal information under false pretences;
• Impersonates another user or otherwise misrepresents Yourself in any manner, whether to another user, to us, or otherwise;
• Infringes (or results in the infringement of) VoiceOut’s or any third party’s intellectual property rights, moral rights, or other rights;
• Does not comply with all applicable laws, rules or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both Your own location and to location(s) of all other parties to the transaction;
• would cause VoiceOut to be in violation of any law, ordinance, rule, regulation or treaty, or to infringe any right of any third party;
• Publishes falsehoods or misrepresentations that may damage VoiceOut or any third party;
• Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate Your presence on the Services;
• Disrupts, interferes or harms the Services, servers or networks; or
• Imposes an unreasonably or disproportionately large load on our infrastructure.

Use Restrictions

The software and technology underlying the Services is the property of VoiceOut Pty Ltd, and You may not connect to or use the Website and/or the Applications in any way that is not expressly permitted by these Terms. Specifically, You may not do or attempt to do any of the following:

• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to our Website and/or the Applications) without our prior written authorization, including framing or mirroring any part of the Applications;
• Circumvent, disable, or otherwise interfere with security-related features of the Services, the Website, the Applications or features that prevent or restrict use or copying of any Content, including without limitation any edited or summarized recordings;
• Sell, resell or otherwise monetize any components of the Applications and/or Services to any third party, except as specifically set forth in these Terms;
• Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Applications;
• “Deep link” to the Services or any Content, unless such link was provided to You for that purpose by the Website or the Applications;
• Violate the Terms or any other rule or agreement applicable to You or VoiceOut through the Services’ inclusion in, reference to, or relationship with any third party or third-party site or service, or Your use of any such third-party site or service;
• Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of VoiceOut’s rights in the Services;
• Use or access another user’s Account or password without permission; or
• Use the Services or content thereon in any manner not permitted by these Terms.

Infringement

VoiceOut does not endorse any voice recording or any opinion, recommendation, or advice expressed therein, and VoiceOut expressly disclaims any and all liability in connection with voice recording. VoiceOut does not permit copyright infringement or infringement of intellectual property rights on its Website or the Services and Applications.

Linked Content

Portions of the Website and the Services (including, without limitation, advertisements) may involve linking to or using websites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at Your own risk. VoiceOut is not responsible for content or services available by means of such sites. VoiceOut does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Disclaimer

Your use of any aspect of the Website and/or the Applications is at Your own risk. VoiceOut makes no representations or warranties whatsoever in respect of the Applications Services or Content. Neither VoiceOut nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Services, Submissions or Content. VoiceOut cannot accept any liability whatsoever in respect of any voice recording which is recorded, modified, emailed by You or any other third party.

Ownership

You using our services does not give You ownership of any intellectual property rights in our Services, Applications, Content. These terms do not grant any rights whatsoever in respect of intellectual property, copyright patent, design or any legal rights whether equitable or non-equitable rights, proprietary rights or otherwise

Your Content

You retain ownership of any recording. We allow You non-assignable and our exclusive Licence to use our Services/Applications for Your own use.

About Software in our Services

You may not copy, modify, distribute, sell or lease any part of Services and or Applications or included software, nor may You reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or You have our written permission.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.

You can stop using our Services/Applications at any time. We may stop providing Services at any time.

Business uses of our Services

If You are using our Services/Applications on behalf of a business, that business accepts these terms. It will hold harmless and indemnify VoiceOut and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

Warranties; Disclaimer.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOICEOUT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VOICEOUT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES.

VOICEOUT DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE APPLICATIONS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE WEBSITE OR THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE WEBSITE OR THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE WEBSITE OR THE APPLICATIONS WILL BE CORRECTED; OR (e) THE WEBSITE OR THE APPLICATIONS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE APPLICATIONS IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

Without limiting the foregoing, VoiceOut shall have no liability for:

• Any adverse effect to Your computer or other software as a result of Your use of the Services, or as a result of any Content available through the Services;
• Your use of (or inability to use) the Website, the Applications or any Website component thereof, including Submissions, Content, Video and any transactions that involve the Services;
• Any material available (or intended to be available) on or by means of the Services or information or advice received by means of the Services;
• Any error or omission of VoiceOut, or any act or omission of any third party;
• Any error, delay, interruption, operational problem, unavailability, or failure in the Website, the Applications or any component thereof, or any directly or indirectly related equipment, system, programming, or network (including the internet);
• Any breach of security involving the Services or Your Account;
• Any viruses or other code or component that may affect Your computer system, mobile device or other property as a result of Your use of the Services.

Indemnification

You agree to indemnify, defend, and hold harmless VoiceOut and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by You or your employees or agents or anyone using Your computer, device, or password; (b) any claim, loss or damage experienced from Your or your employees’ or agents’ use or attempted use of (or inability to use) the Services, including any transactions that You or your employees or agents conduct or attempt; (c) Your or your employees’ or agents’ violation of any law, ordinance, rule, regulation or treaty; (d) Your or your employees’ or agents’ infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) Your or your employees’ or agents’ violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of Your or your employees’ or agents’ forwarding, posting or use of any Content; (f) any Content that You or your employees or agents downloaded from the Services or modified; and (g) any other matter for which You or your employees or agents are responsible hereunder or under law. You agree that Your or your employees’ or agents’ use of the Services shall be in compliance with all applicable laws, regulations and guidelines.

Limitation of Liability

In no event shall VoiceOut be liable to You or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services or Content. In any case, Voice out’s entire liability under any provision of this agreement shall not exceed amounts paid by You to VoiceOut for the use of the Services and Content hereunder. As such, if You have not made any payments to VoiceOut for the use of the Services, VoiceOut shall have no liability to You whatsoever, caused by negligence of VoiceOut to the extent applicable law prohibits the limitation of damages in such cases.

Open Source Software

Software provided by VoiceOut may contain or be provided together with open source software. Each item of open source software, is subject to its own applicable license terms as listed therein, or which can be found and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders as indicated in the respective copyright notice. To the extent required by any open source license, the terms of such licenses will apply in lieu of the terms of these Terms and the restrictions in these Terms will not apply. Notwithstanding anything to the contrary herein, VoiceOut makes no warranties and accepts no liability in respect of any open source software.

Miscellaneous

These Terms shall be governed by the Federal Laws of Australia exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Subject to the binding arbitration provision below, any action to be brought in connection with these Terms or the Services shall be brought exclusively in the federal courts located in Sydney Australia and You irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against VoiceOut must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between You and VoiceOut or enables You to act on behalf of VoiceOut. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between VoiceOut and You pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby cancelled. Nothing contained in these terms shall be construed to limit the actions or remedies available to VoiceOut with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and VoiceOut reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of VoiceOut (and respective assignees), and each shall have the right to assert and enforce its provisions against You directly on its own behalf. We may assign our rights under these terms to any third party.

Binding Arbitration

You and VoiceOut agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Federal Law of Australia Except as otherwise set forth herein; You may seek any remedies available to You under federal, state or local laws in an arbitration action. As part of the arbitration, both You and VoiceOut will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) You and VoiceOut may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

Location

The arbitration will be conducted in Sydney Australia, unless the parties agree to video, phone and/or internet connection appearances.

Limitations

You and VoiceOut agree that any arbitration shall be limited to the Claim between VoiceOut and You individually. YOU AND VOICEOUT AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions to Arbitration

You and VoiceOut agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or VoiceOut’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration or other Court of competent jurisdiction exercising Federal Law, Sydney Australia.

Arbitration Fees

If You initiate arbitration for a Claim, You will need to pay the arbitration fees If VoiceOut initiates arbitration for a Claim, we will pay all arbitration costs.

Severability

You and VoiceOut agree that if any of the arbitration provisions are found illegal or unenforceable (except any portion under the “Exceptions to Arbitration” section), only those provisions that are found illegal or unenforceable shall be severed and the remainder of the provision shall be given full force and effect. If the provisions under the “Exceptions to Arbitration” section are found to be illegal or unenforceable then neither You nor VoiceOut will elect to arbitrate any Claim falling within those provisions found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction in Sydney Australia, and You and VoiceOut agree to submit to the personal jurisdiction of that court.

Privacy Policy

VoiceOut Pty Ltd operates the VoiceOut Website https://www.voiceout.com.au/.  It also provides Applications and Services (“our Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Information Collection and Use

While using our Service, we may ask you to provide us with your name, email address, telephone number that can be used to contact or identify you (“Personal Information”). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

International Users

All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Personal information, relating to our services, regarding individuals who reside in a member state of the European Economic Area and Switzerland is processed by VoiceOut.

Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to VoiceOut employees and strictly enforce privacy safeguards within the company.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our service or users. In the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Log Data

When you access the Service by or through a mobile device or computer we may collect certain information automatically, including, but not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use and other statistics (“Log Data”).

In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.

Other Service Providers

We may employ/use other third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analysing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Communications

With your consent, we may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance with Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe it is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Security

The information and the security of your Personal Information is important to us. We store personal information to protect our Service from unauthorized access, destruction, use, modification, or disclosure.

You should be aware that no method of transmission over the internet or electronic storage is 100% secure and we cannot guarantee absolute security of your Personal Information. All endeavours are taken to ensure your privacy.

Transfer of Data

Transfer of Personal Information
Your Personal Information may be transferred to or maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from than those from your jurisdiction.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we shall take steps to remove that information from our servers.

Changes to This Privacy Policy

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically on our Website. Your continued use of the Service after we post any modifications to the Privacy Policy on our Website will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

Terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Contact Us

If you have any questions about this Privacy Policy, please contact us.
VoiceOut Pty Ltd
1129 Botany Road, Mascot NSW 2020
Email: info@voiceout.com.au