Terms Of Us
Section 1: Introduction and Overview of Services
Welcome to Magnifier, by Multiplier Group Pty Ltd
This Terms of Service (TOS), in conjunction with our Terms of Use and Privacy Policy, outlines the governing principles of your interaction with the Magnifier website, its diverse products, and materials, collectively referred to as the “Site”.
Magnifier’s Comprehensive Service Offering: At Magnifier, provided by Multiplier Group Pty Ltd, we offer licenced access to Magnifier, an All-In-One marketing software meticulously designed to streamline and enhance the efficiency of business operations. Our service is tailored for entrepreneurs and businesses, encompassing a wide range of functionalities:
- Contact Management (CRM) with SmartLists for efficient client organisation.
- Communication Tools: Including Email services, 2-way SMS, and Outbound Calling capabilities.
- Tracking and Recording: Call Tracking and Call Recording for detailed communication logs.
- Content Creation: Utilise our Form Builder, Survey Builder, and Funnel Builder for diverse marketing needs.
- Web Presence: Enhance your online footprint with our Website Builder.
- Scheduling and Automation: Online Scheduling and Automation Campaigns for streamlined task management.
- Data Analysis: Access to comprehensive Reporting tools for insightful business decisions.
Service Provision Clause: The Magnifier software is provided “AS-IS.” Multiplier Group Pty Ltd does not assume responsibility for any delays, failures, or issues in the delivery or storage of user communications or personalised settings. We strive to offer reliable and continuous service but acknowledge that certain technical challenges are inherent in online service provision.
Section 2: Modifications to Terms and Services
Changes to Terms
- Flexibility of Modification: Multiplier Group Pty Ltd reserves the right to modify these Terms of Service at any time. This includes adding or removing clauses and making adjustments that we deem necessary for the evolving needs of our service and user base.
- Immediate Effectiveness: Any modifications to these Terms will be effective immediately upon posting on the Magnifier website. It’s your responsibility to review the Terms regularly to stay informed of any changes.
- Acceptance Through Use: Your continued use of Magnifier following any changes signifies your acceptance of the revised Terms. If you do not agree with the modifications, you should discontinue using Magnifier’s services.
Changes to Websites and Services
- Dynamic Service Nature: We may change, suspend, or discontinue any aspect of our services or features at any time. This includes modifications to content, availability, and the equipment required for access or use.
- Adaptability and Enhancement: Our goal is to continuously enhance and adapt our services to meet emerging business needs and technological advancements. As such, these changes are an integral part of our commitment to innovation and excellence.
- User Adaptation: You are expected to adapt to these changes and are responsible for ensuring that your hardware and software are compatible with any new or modified features of Magnifier.
Section 3: Registration and User Responsibilities
User Registration Process
- Opportunity for Registration: You may need to register for a user account to access certain features or services. This process is designed to enhance your experience and provide personalised services.
- Accuracy of Information: When creating your Magnifier account, it is imperative to provide accurate, complete, and current information. You are responsible for maintaining the accuracy of this information over time.
- Equipment and Connectivity: As a user, you are responsible for obtaining and maintaining the necessary equipment and internet connectivity to access Magnifier. Any costs associated with hardware, software, and connectivity are your responsibility.
User Account and Data Management
- Account Security: The safety and security of your account information are paramount. You are responsible for all activities that occur under your account and for keeping your account information confidential.
- Notification of Unauthorised Use: If you suspect unauthorised use of your account, you must notify Multiplier Group Pty Ltd immediately at billing@gomagnifier.com.
- Account Misuse: The authorised account holder is solely responsible for any misuse of the account. If unauthorised access results from sharing or disclosing your account details, you will be responsible for any consequences.
User Conduct and Compliance
- Lawful Use: You agree to use Magnifier only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of Magnifier.
- Prohibited Activities: You must not use Magnifier for any fraudulent or unlawful purposes, including but not limited to hacking, data scraping, unauthorised data transmission, or the creation of counterfeit software.
Section 4: Authorization Charges and User Content Guidelines
Authorization Charges
- Initial Verification: Upon purchasing our product, an authorization charge is made to verify the validity of the card. This charge is immediately refunded.
- Processing Time: The authorization transaction might take 2-4 business days to reflect in your bank account, depending on your bank’s policies.
User Content Guidelines
- Interactive Areas: Our Websites may include Interactive Areas like forums and community features. You may post or upload user-generated content such as comments, videos, photos, messages, and other materials (“User Content”) in these areas.
- User Responsibility: You are solely responsible for your use of any Interactive Areas and assume all risks associated with your actions within these areas.
- Age Restriction: Interactive Areas are intended for users aged 13 years and older. If you are under 18, you must be an emancipated minor or have legal parental or guardian consent to participate.
- Content Representation: By submitting User Content, you affirm that you have the legal right to do so and that your content adheres to all applicable laws and respects the rights of others.
Content Submission and Event Participation
- Event Participation: By attending any Magnifier event, you grant us the right to use your image and likeness in promotional materials.
- User Content Integrity: You agree not to post User Content that infringes on others’ rights, is misleading, or violates any laws. It is your responsibility to ensure that your content does not violate intellectual property rights.
- Prohibited Content: User Content should not include offensive, obscene, illegal, or harmful material. You are liable for any damage resulting from your submission.
Monitoring and Usage of User Content
- Magnifier’s Discretion: We reserve the right to monitor, edit, or remove any User Content for compliance with these Terms and to satisfy legal requirements.
- Licence Grant: By submitting User Content, you grant Magnifier a royalty-free, worldwide licence to use, modify, and distribute your content in any form.
- Right to Monitor: While we are not obligated to monitor User Content, we reserve the right to do so and to remove or edit the content that violates these Terms.
Section 5: User Conduct and Intellectual Property Rights
User Conduct Guidelines
- Respectful Interaction: Engage respectfully with the Websites and refrain from any behaviour that might disrupt or damage our services or other users’ experiences.
- No Unauthorised Commercial Use: You must not use any part of the Websites for commercial purposes without our prior consent. This includes unauthorised reproduction, resale, or exploitation.
- Compliance with Laws: Ensure all your activities on the Websites comply with applicable laws. Avoid any conduct that could lead to criminal or civil liability.
- Authentic Representation: Do not impersonate any individual or entity, falsely claim an affiliation, or misrepresent your identity.
- Privacy and Security: Respect the privacy of other users and refrain from collecting or disclosing their personal information.
Intellectual Property Rights
- Protection of Content: All content on the Websites, including text, graphics, logos, icons, images, audio clips, video, interfaces, and code, is protected by intellectual property laws.
- Prohibited Actions: Without our express prior written permission, you may not copy, modify, distribute, or use any content from the Websites for public or commercial purposes.
- Ownership and Usage: The content on the Websites is owned by or licenced to Multiplier Group Pty Ltd. Unauthorised use of this content may infringe on intellectual property rights and could lead to legal action.
Web Forum Guidelines
- Forum Participation: Magnifier may offer forums for user interaction. While engaging in these forums, be mindful that your submissions are non-confidential and can be used by Magnifier in any manner deemed appropriate.
- Content Responsibility: You are responsible for the content you post in forums. Magnifier reserves the right to use this content for various purposes, including marketing and product development.
- Intellectual Property Respect: Ensure your contributions do not infringe upon others’ intellectual property rights. Violators may be barred from further submissions.
Section 6: Outbound Marketing Costs and Complimentary Credits
Outbound Marketing Costs
- Understanding Additional Costs: While Magnifier provides a comprehensive marketing platform, it’s important to be aware of additional costs associated with specific outbound marketing services, such as phone calls, emails, and SMS messages.
- Detailed Rate Information:
- Phone Calls: Charges for both outgoing and incoming calls are billed at specified rates per minute. Additionally, a charge is applied for each phone number utilised within the platform.
- Text Messages (SMS): SMS messages are billed at a set rate per message segment sent or received.
- Emails: The use of email services incurs charges per email sent or received.
- Extra Fee Awareness: Be aware of potential extra fees like call recordings, caller ID, SMS carrier fees, etc., which might be applicable based on your usage.
Complimentary Credits
- Monthly Credit Allocation: Magnifier values its customers and provides monthly complimentary credits for SMS, emails, and phone calls. These credits are a gesture of our commitment to providing value-added services.
- Non-Rollover Policy: Credits provided are for the current billing month only and do not roll over to subsequent months. Unused credits at the end of each billing cycle are forfeited.
- Minimum Wallet Balance Requirement: To ensure uninterrupted service, users must maintain a minimum wallet balance specified by Magnifier. This balance is used against the user’s outbound marketing costs.
- Subscription Cancellation: If a user decides to cancel their subscription, it should be done before the next billing cycle to avoid charges for the upcoming period.
Section 7: Account Termination, Data Retention, and Refund Policy
Account Termination and Data Retention
- Termination Process: To terminate your Magnifier account, you must send an email to billing@gomagnifier.com. It is crucial to follow this procedure to ensure your account is properly closed.
- Data Deletion: Upon account termination, be aware that all data associated with your account will be irreversibly deleted from our systems. This includes, but is not limited to, customer lists, marketing campaigns, and other personalised settings.
- Data Retention Policy: For detailed information on how your data is handled post-termination, including any potential for account reactivation, refer to our Data Retention and Account Reactivation Policy.
Refund Policy for Unused Credits or Features
- Non-Refundable Nature of Unused Services: If you have unused features or credits within your account, please note that these are non-refundable. We encourage you to fully utilise all the services available to you during your subscription period.
- SMS and Email Usage Fees: Fees related to SMS and email usage are also non-refundable. This includes, but is not limited to, telephony usage, text messages, and email services.
Notification and Refund Authorization
- Refund Authorization Process: To initiate a refund, eligible users as per our cancellation policy should email billing@gomagnifier.com with a request. Our team will acknowledge this request and proceed with the refund authorization as per the policy guidelines.
- Refund Timeline: The refund process, including the return of funds to the original payment method, typically occurs within 7-14 business days following authorization.
Termination by Magnifier
- Right to Terminate: Magnifier reserves the right to terminate or suspend your access to the service for any reason, including but not limited to breach of these Terms of Service, actions that could harm the reputation of Magnifier, or illegal activities.
- Notice of Termination: Users will be notified of the termination and the reasons for such action.
Section 8: User Agreement and Payment Terms
Authorised Payment Method and Agreement
- Maintaining a Valid Payment Method: As a Magnifier user, you are required to keep an authorised payment method on file for all applicable fees.
- Ongoing Charges: Magnifier will charge the authorised payment method for the relevant fees until the agreement is terminated, and all outstanding fees are paid in full.
Agreement to Payment Terms
- Plan Selection: By choosing a Magnifier plan, you agree to pay the specified amount for your selected plan at the time of purchase, with the option to pay either monthly or annually.
- Billing Cycle: Monthly plan charges are recurring on the same date each month, while annual plan charges recur on the anniversary of your initial purchase.
- Plan Changes: You may upgrade or downgrade your plan at any time, with immediate effect on your billing and service level.
- Cancellation: To avoid further charges, cancel your subscription before the next billing cycle. Access to Magnifier continues until the end of the current billing period.
Pricing Changes and User Agreement
- Right to Modify Pricing: Magnifier reserves the right to change its pricing and payment terms at any time. Notice of any changes will be provided on the website and via email.
- Acceptance of New Terms: Continued use of Magnifier after changes to pricing or payment terms constitutes agreement to the new terms.
Hardship Extension Policy
- Eligibility for Extension: Users facing significant hardship can request a one-month extension of their subscription, provided they have been on the platform for a minimum of 6 months.
- Request Procedure: To request a hardship extension, users must email billing@gomagnifier.com, explaining their situation and providing relevant documentation.
- Review and Decision: Each request is individually reviewed, and granting the extension is at Magnifier’s discretion. Users will be notified of the decision via email.
- One-time Courtesy: The hardship extension is a one-time courtesy and does not modify other payment obligations in the Magnifier terms of service.
Section 9: Jurisdiction and General Provisions
Jurisdiction and Governing Law
- Applicable Law: The Agreement is governed by the laws of the State of South Australia, without regard to its conflict of law principles.
- Jurisdiction: You agree to the exclusive jurisdiction of the federal and state courts located in South Australia for any disputes arising under or related to this Agreement and the Magnifier platform.
Site Operations and Limitations
- Site Control: Magnifier is controlled and operated from its principal office in South Australia and is not intended to subject Magnifier to any non-South Australia jurisdiction or law.
- Global Accessibility: While the site is globally accessible, it may not be appropriate or available for use in certain jurisdictions. Users are responsible for compliance with local laws.
Modifications to Agreement
- Right to Modify Terms: Magnifier reserves the right to modify the terms of this Agreement, including adding or removing terms at any time. Such changes become effective immediately upon posting.
- Ongoing Use as Acceptance: Continued use of Magnifier after changes indicates your acceptance of the new terms.
Changes to Magnifier Services
- Service Modifications: Magnifier may change or discontinue any aspect, service, or feature of its platform at any time, including content and equipment needed for access or use.
User Registration and Information
- Account Creation: You may be required to create a user account to access certain features of Magnifier. You are responsible for maintaining accurate and current registration information.
- Equipment and Charges: You are responsible for obtaining and maintaining all equipment and services needed for access to and use of Magnifier and for any related charges.
Intellectual Property and User Content
- Ownership and Rights: All content on Magnifier, including software, text, images, and graphics, is owned or licenced by Magnifier and protected by intellectual property laws.
- User Content: By submitting content to Magnifier, you grant a worldwide licence to use, modify, and distribute your content. Magnifier is not responsible for the accuracy or credibility of user content and assumes no liability for actions taken based on user content.
User Conduct and Obligations
- Conduct Guidelines: Users are expected to use Magnifier respectfully and legally, without interfering with its operation or other users’ rights.
- Prohibited Activities: You agree not to engage in activities that could harm Magnifier, its users, or violate the law.
Termination and Enforcement
- Magnifier’s Rights: Magnifier reserves the right to terminate access or enforce the terms of this Agreement in case of user violations.
- Compliance and Cooperation: Users are expected to comply with the terms and cooperate with Magnifier in enforcing them.
Severability and Non-Waiver
- Severability: If any provision of this Agreement is found unlawful or unenforceable, it will not affect the validity of the remaining provisions.
- No Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
Section 10: Conclusion and Acceptance of Terms
Final Acknowledgement and Agreement
- Acceptance of Terms: By accessing or using the Magnifier platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other relevant policies.
- Complete Understanding: This Agreement represents the entire understanding between you and Magnifier regarding your use of the platform and supersedes all prior agreements and understandings, both written and oral.
- Modifications and Amendments: Magnifier reserves the right to modify or amend these terms at any time. Continued use of the platform after such changes signifies your acceptance of the new terms.
Contact and Feedback
- Contact Information: For any questions, feedback, or concerns regarding these Terms of Service or any other aspect of the Magnifier platform, please contact us at [contact email/web form].
- User Feedback and Suggestions: Magnifier values your feedback and suggestions about our services. By providing feedback, you grant us the right to use your ideas and suggestions without any compensation or acknowledgment.
Acceptance of Changes
- Ongoing Review: Users are encouraged to regularly review these Terms of Service to stay informed of any changes.
- Effective Date of Changes: Changes to the Terms of Service become effective immediately upon posting, and your continued use of Magnifier services constitutes acceptance of those changes.
User Responsibility and Compliance
- Adherence to Terms: As a user of Magnifier, you are responsible for understanding and complying with all the terms and conditions set forth in this Agreement.
- Violation of Terms: Failure to comply with these terms may result in suspension or termination of your access to Magnifier services.
Final Provisions
- Non-Transferability: Rights and obligations under this Agreement cannot be transferred or assigned by you without prior written consent from Magnifier.
- Jurisdiction and Governing Law Compliance: This Agreement is governed by the laws of South Australia, and users agree to comply with all local, state, national, and international laws, statutes, ordinances, and regulations applicable.
Section 11: Disclaimers and Limitations of Liability
Disclaimer of Warranties
- No Warranties Provided: The Magnifier platform and its contents are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- No Guarantee of Accuracy: Magnifier makes no warranty that the platform will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does Magnifier make any warranty as to the results that may be obtained from the use of the service or the accuracy or reliability of any information obtained through the service.
Limitation of Liability
- Limitation on Damages: Magnifier shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use the services or for the cost of procurement of substitute goods and services.
- Damage Cap: In no event will Magnifier’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing the service.
Indemnification
- User Responsibility: You agree to indemnify and hold Magnifier, its subsidiaries, affiliates, officers, agents, and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the service, your violation of the TOS, or your violation of any rights of another.
Miscellaneous Legal Provisions
- Severability: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.
- Headings for Convenience Only: Headings are for convenience only and have no legal or contractual effect.
- Non-Waiver: The failure of Magnifier to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
- Survival of Terms: All terms that by their nature may survive termination of this TOS shall be deemed to survive such termination.