Terms of Use


PLEASE READ THIS CAREFULLY BEFORE USING THE CHANNELPACE SYSTEM. BY USING OUR SERVICE YOU ARE AGREEING TO OUR TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICE.

“Product”, "Service", "Site", "The Site" refers to our website and associated services
"Agreement" refers to this Terms of Use Agreement
“Our”, “Us” refers to Channelpace Pty Ltd, our employees, agents or others we have engaged for the operation of the site.
“User” means you, or any device reaching and using our website and associated services
"Account" means your details in our Service that are accessed by the work-issued email address that you use to authenticate into the site.
"Business Information" means information you enter into the system.
"Authenticate", "Validate", "Log in" refers to the process of entering our site via the process of a link that we email to you when a request is placed on our site.

 

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site each and every time.

Registration Email Address

Registration into the ChannelPace system is to be with a work-issued email address that identifies you with your company. Free, or third-party email services, such as gmail, yahoo, hotmail etc and those provided by ISP's are not permitted. Any registrations using what we deem to be a free email service NOT associated with a business will be blacklisted with no recourse by you. 

Copyright

The concept, organisation, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

Channelpace does not own, nor claim to own, information that you enter or receive from the site. As we don't own the data, we don't sell it, lease it, rent it or otherwise. We can't be clearer; we don't "do" anything with the data except find better ways for you to use it to help you in your job function.

Deleting and Modification

We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.

Indemnification

You agree to indemnify, defend and hold us, our officers, our share holders, our partners, lawyers and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.

 

Disclaimer

THE CONTENT AND SERVICES ON THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

Third-Party Websites

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.

Third-Party Products and Services

We may advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, free offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.

Submissions

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

General

You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, free offers or services obtained by you through such use, shall be litigated in the State of Victoria, Australia. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that the State of Victoria, Australia is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Channelpace Pty Ltd, based in the State of Victoria, Australia. As such, the laws of Victoria will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

Notice and Termination of Service

We or the user may terminate use of the Service with or without cause at any time and effective immediately. We shall not be liable to users or any third party for termination of the service. Upon termination, user's right to use the service and the related software ceases immediately. Your access to our Site terminates at 11pm UTC each Saturday. You must revalidate through your email address to regain access to the site.

Your Account and Security

Users are entirely responsible if they do not maintain the confidentiality of their email address password and account, as well as of password protected areas. Users are entirely responsible for any and all activities which occur under their account.

Users agree to immediately notify us of any unauthorised use of their account or any other breach of security known to user.

As access to our Site is controlled through work-issued, or third-party issued email accounts, the issuer of your email address, and access thereof, is the responsibility of the issuer. If you cannot access the site due to your issued email account being disabled or otherwise unavailable, you must resolve with the issuer.

ChannelPace cannot grant you access to your account through any means whatsoever other than through access validation through the email address that you logged on with.

Plans and Subscriptions

Channelpace makes certain features available to users. Some of the features may, or may not be, available with a paid plan only. We reserve the right to change what features are available to different users, regardless of plan, at our sole discretion, and at any time. 

Individual Subscription plans are based on credit card payments only. Credit cards are automatically charged on the same day each month. Declined payment twice by card processor will result in loss of access to features on applicable plan and will revert to Walker Plan. Various cards are accepted and may change from time to time. Your bank or card provider may impose other fees and charges. Original charges will be in Australian Dollars. Prices exclude country and/or state taxes. If these are applicable, you will be shown these prior to completing your purchase.

Users may cancel or modify their subscription at anytime from within the Channelpace system.

Users on a paid subscription plan who do not use the service for more than 91 days will have their subscription automatically cancelled by us.  This WILL result in loss of features as we will revert the user to the free WALKER plan.

Users Obligations and Conduct

Each user bears the sole responsibility for the content published on this site. We do not control the content posted via the service and, as such, do not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the service is subject to all applicable local, state, national and international laws and regulations. 

User agrees:

(i) not to use the service for illegal purposes; 

(ii) not to publish any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.

(iii) not to interfere with or disrupt in any way the service including servers and networks connected to the service;

(iv) not to interfere with another user's enjoyment of the service.

(v) not to knowingly enter, alter, delete or otherwise modify information in a manner that is disruptive, untruthful, incorrect, or enter information that the user does not have reasonable access to, or has obtained in a manner that is illegal, or that the user is not reasonably entitled to.

(vi) that the only information they are entitled to export from the system is their list of contacts that they have either added into the system, or have associated with. Interactions, notes, messages and other communication is not available for export.

(vII) that once they no longer have access to the email address they registered into the system with, they have no further access to the site using that email address.

(viii) that they understand that the only way to transfer their list of contacts between email addresses (workplaces) is by entering, then successfully validating, a personal email address at both their currently registered account, and any new and subsequent accounts. Once contacts are transferred to a users new account, the old account, or account contacts are transferred from is disabled.

User agrees to indemnify and hold us and our subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party due to or arising out of user's conduct, violation of these Terms of Use by user, or the infringement by user of any intellectual property or other right of any person or entity.

We may, at our sole discretion, suspend or terminate the service should a user's conduct fail to conform to these terms and conditions. 

Information Sharing and Crowd Sourcing of Information

ChannelPace is based on the sharing of information and collective updating of such. By using the ChannelPace service you are agreeing to share your business information publicly. When you associate with another user in the system, you agree that the information of that user will be available to others in your company as well as to yourself. Other associations that users in your company make will also be shared by you. Once you have associated with another user, your business details will be available to them AND all other users in that company. This is the equivalent of them entering your business details in their CRM system. Once you have associated with a user, you can not "delete" your details from the system in the same way that if you provide business cards to people you can't visit them all individually and get all your cards back.

If you have the ability to edit a contact or company, your update or edit will be available to all users in the ChannelPace system who have visibility rights to that contact or company. In the same way, you will also have access to information that is edited or provided by other users in the system, if you have visibility rights. 

The ChannelPace system is a professional business relationship system and abuse of editing rights WILL be withdrawn from you AND possibly your company if not used in accordance with the Users Obligation and Conduct section above. 

 

Moving your contacts when you move to another organisation

ChannelPace recognises that the contacts you enter into the system, and other users that you associate with are yours. These are referred to as "MyContacts". When you join ChannelPace, it is YOUR responsibility to enter a personal email address in the MyDetails personal section.  

When you start at a new organisation, you will invariably receive a new work-issued email address. Go to the ChannelPace Registration link and register as a NEW USER with your new email address. Once you are logged in, go to the MyDetails Personal section and enter the SAME personal email address. Once this is validated, the system will offer you the ability to transfer your contacts to your new ChannelPace account. Your contacts will still be visible at your old organisation, but any additional contacts that you enter, or any new associations you make will NOT be available to users at your old organisation. 

It is your responsibility to have a functioning PERSONAL email address at all times. ChannelPace does NOT use this address, and is not made available to any other users in the system. It is only used for the purpose of transferring your contacts when you move to a new organisation, hence a new work-issued email address.

Last Update

12th November, 2014