Terms of Use

1. Your Acceptance

By visiting and/or using the Vouch Or Grouch Website (collectively, the domain name www.vouchorgrouch.com(.au) and it's content and all services available through it) you signify your assent to both these terms and conditions and the privacy statement (located at www.vouchorgrouch.com.au/page.privacy.php). If you do not agree to any of these terms, please do no use the Vouch Or Grouch Website("The Website").

2. VouchOrGrouch Website

These Terms of Use apply to all users of this Website including visitors, account holders and contributors of content. The Vouch Or Grouch Website may contain links to third party websites that are not owned or controlled by Vouch Or Grouch Pty Ltd ("The Company"). The Company will not and cannot control the content, privacy policies or terms of use of these third party websites. By using this Website you expressly relieve The Company from and and all liability derived from using third party websites.

3. Website Access

The Company hereby grants you permission to use The Website as set forth in these Terms of Use provided that:

  • As a visitor your use of the site is solely for personal non-commercial purposes
  • As a Member Account Holder your use of the site is solely for personal non-commercial purposes
  • You will not copy or re-distribute any part of The Website without the express permission of The Company
  • You will not alter or modify any part of The Website
  • You will comply with all Terms of Use described herein

In order to access some features of The Website you will need to Register for an Account. You must not use another persons account. When registering and updating your account you must provide accurate and complete information. It is solely your responsibility to keep your account details secure. The Company will not be liable for any losses caused by unauthorised use of your account, although you may be liable for losses incurred by The Company due to a security breach of your account.

You agree not to use any automated system to access The Website. This includes but is not limited to spiders, crawlers, offline readers, robots etc. The Company hereby grants the operators of public search engines access to index pages of The Website. The Company reserves the right to revoke these exceptions.

You agree not to collect or harvest any personal or business listing information. You agree not to solicit for commercial purposes any business or individual including Account Holders and Visitors of The Website; except where The Website provides functions or services designed for this purpose. You may contact businesses listed within The Website solely for the purpose of enquiring about their services and/or products. For clarity, you may only contact businesses listed on The Website where you intend to enquire about or use their advertised products and/or services.

4. Intellectual Property Rights

The content on The Website, except all Member Submissions (as defined below), including but not limited to text, images, graphics, sounds, photos, scripts and software are owned or licenced to The Company, subject to Australian and International Copyright Law. Content on The Website is provided AS IS for your informational and personal use only. It may not be used, copied, reproduced, broadcast, sold, licenced or otherwise unless expressly permitted by The Company.

5. Member Submissions

The Website will publish user submissions publicly on The Website. The Company does not guarantee confidentiality in respect to these submissions. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. These include but are not limited to posting comments regarding businesses and selecting positive or negative icons (vouch/grouch).

  1. In connection with Member Submissions, you affirm, represent and/or warrant that you own or have the necessary licences, permissions, rights and consents and authorise The Company to use all said rights, permissions, licences and consents in Member Submissions in accordance with these Terms of Use; and
  2. You have the consent, release and/or permission of each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable individual person included in Member Submissions
  3. You retain all ownership rights over your Member Submission. However by submitting The Member Submissions to The Website you hereby grant The Company a worldwide, non-exclusive, royalty free sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the VouchOrGrouch Website and The Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the VouchOrGrouch Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of The Website a non-exclusive license to access your Member Submissions through The Website.

In connection with Member Submissions, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights
  2. publish falsehoods or misrepresentations that could damage VouchOrGrouch or any third party
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate
  4. post advertisements or solicitations of business:
  5. impersonate another person.

The Company does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and The Company expressly disclaims any and all liability in connection with Member Submissions. The Company reserves the right to remove Content and Member Submissions without prior notice. The Company will also terminate a Members access to The Website without notice and at its sole discretion, if the member is found to violate these Terms of Use. The Company also reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Use.

6. Warranty Disclaimer

You agree that your use of The Website is at your sole risk. To the fullest extent permitted by law, The Company, it's directors, officers, employees and agents disclaim all warranties, express or implied in connection with Member Submissions, Content and use of The Website. The Company makes no warranties or representations for any errors or omissions, mistakes or inaccuracies of Content or the content of third party website's linked to herein. The Company assumes no liability or responsibility for any:

  1. errors, omissions or inaccuracies of Content
  2. personal injury or damage of any nature whatsoever resulting from use of The Website
  3. unauthorised access to our secure servers and any information stored therein
  4. any bugs, viruses, scams, spam, trojan horses or the like which may be transmitted via The Website
  5. any loss or damage, financial or otherwise as a result of Member Submissions or other Content made available on The Website

The Company does not endorse, warrant or guarantee any product, service, third party or Member Submission accessed on or via The Website.

7. Limitation of Liability

In no event shall The Company, it's directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any

  1. errors, omissions or inaccuracies of Content
  2. personal injury or damage of any nature whatsoever resulting from use of The Website
  3. unauthorised access to our secure servers and any information stored therein
  4. any bugs, viruses, scams, spam, trojan horses or the like which may be transmitted via The Website
  5. any loss or damage, financial or otherwise as a result of Member Submissions or other Content made available on The Website

whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that The Company shall not be liable for Member Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

8. Indemnity

You agree to defend, indemnify and hold harmless The Company, its directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the The Website;
  2. your violation of any term of these Terms of Service
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VouchOrGrouch Website

9. Ability to Accept Terms of Service

You affirm that you are more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into the Terms of Use outlined herein. In any case you affirm that you are over 13 years or age. If you are under 13 years of age please do not use The Website. The Website is not intended for children under 13.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.

11. General

Any claim or dispute between you and The Company that arises in whole or in part from the The Website shall be decided exclusively by a court of competent jurisdiction located in Brisbane, Australia. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of The Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and The Company agree that any cause of action arising out of or related to The Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.