TERMS AND CONDITIONS

WHAT'S ALL THIS?

Short version - BinaryPlex Pty Ltd is the company that operates Tribalytic. We sell you a subscription for a period of time and you use the site to search and analyse Twitter users. We reserve the right at our discretion to limit your access if we think you're abusing the service. There's a bit about how refunds work. Also, we can't control the environment, earthquakes, Terrorists or Twitter, so if they interrupt the service it's not really our fault. There's some other stuff about you not suing us for more than you've actually paid. Most importantly - there's a section on what we don't do (we don't index every single Twitter user, update them instantly or promise to be 100% accurate when geo-locating them). It's all usual Terms and Conditions type things.

So go ahead and read it all - it's great stuff!

We'll always try communicate with you where we think there are problems and hope you'll do the same.

BINARYPLEX TERMS AND CONDITIONS OF SALE - LAST UPDATED 8th JULY 2010

BINARYPLEX PTY LTD – Australian Company Number 140 161 824 (“BinaryPlex”) operates a subscription based website http://tribalytic.com ("Tribalytic") which allows customers (“Customers”) to search and analyse users of the twitter.com (“Twitter”) website.

BinaryPlex will permit you, the Customer, to subscribe to a trial service, purchase a paid service, analyse conversations by Twitter users and produce reports through Tribalytic.

Your use of the Service (as described below) is governed by the terms and conditions set out below (“this Agreement”). This Agreement forms a binding legal agreement between you and BinaryPlex. You should read the terms and conditions of this Agreement carefully.

Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen including your acceptance of this Agreement, or by proceeding to use the Tribalytic website to subscribe or to conduct searches, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

THE TRIBALYTIC SERVICE

BinaryPlex will provide you with the following (“Service”) through the Tribalytic website:

• A secure payment facility to enable you to pay for a subscription period "Subscription".
• The provision of a receipt in respect of the payments you have made.
• For the length of the Subscription, use of the Tribalytic website to search, analyse and view indexed Twitter users and their conversations.

The above Service constitutes BinaryPlex’s only obligations to you in respect of the supply of Tribalytic.

BinaryPlex may refuse to sell or supply the Tribalytic service to you at any time in its sole and absolute discretion including, without limitation, where you use the Service in an illegal, fraudulent, offensive or unethical manner or make any use of the Service which in BinaryPlex’s sole opinion is likely to bring BinaryPlex into disrepute or to impact the use of the Service by BinaryPlex’s other customers.

CONDITIONS OF SALE

The following conditions apply to the sale of the Subscription to Tribalytic and govern your use of the Service:

• The Subscription must be paid for by credit card or other alternate payment methods offered by BinaryPlex from time to time. A Subscription will not be processed unless you correctly provide all information requested by BinaryPlex at the time of purchase.
• In addition to the price you pay for the Subscription you will be required to pay GST and other taxes as may apply to the sale/purchase/payment of the Subscription. Unless otherwise stated at the time of payment, the price of Subscription will be inclusive of GST and other applicable taxes.
• Each Subscription includes a designated number of Accounts (an individual login to the Tribalytic Service). Each Account must be allocated to a designated, individual user and must not be operated or otherwise used except by the designated user.
• Your Subscription is pre-paid and covers the period from submitting your payment to any future date as specified at the time of sale/purchase/payment of the Subscription.
• Your first subscription "first Subscription" is the first payment for services between you the Customer and BinaryPlex for the Tribalytic Service. Your first Subscription payment may be fully refunded upon request within 30 days of payment. Subsequent subscriptions regardless of how long since the First Subscription or any interval since the First Subscription (where you terminate/cancel and then reinstate your Subscription at a later date) cannot be refunded except as required by law.
• Your Subscription may be cancelled at any time. Except as outlined above in the case of your First Subscription, a subscription will not be refunded except as required by law. Such cancellation will take effect at the end of the pre-paid Subscription period as set at the time the subscription was paid.
• You can change your Subscription plan at any time. This change takes effect from the next Subscription period.
• All subscriptions contain unlimited searches. This is limited to human operated searches; you are not permitted unless under seperate agreement to automatically search and extract information from Tribalytic, whether by API, screen scraping or any other automated method.
• You acknowledge that unless you cancel or change the Subscription prior to the end of the Subscription period, you will be automatically billed for the same Subscription at the end of the current Subscription period.
• You acknowledge that the provision of the Service through the Tribalytic website is subject to the availability of several third party services, including, but not limited to, Twitter and Klout. BinaryPlex will be under no obligation to extend or refund any sale/purchase/payment in respect to a Subscription where third party services are unavailable.
• All transactions on the BinaryPlex site are conducted in Australian currency (AUD).

LIABILITY AND DISCLAIMER

You acknowledge that BinaryPlex has made no warranties that the Service will be error free.

You agree that BinaryPlex will not be liable or responsible for any failure in, or delay to, the provision of the Service or in BinaryPlex complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:

• fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
• denial of service attacks, telecommunications failure, hardware failure or the failure of software or services provided by a third party to function in accordance with its specifications;
• a significant demand being placed on Tribalytic's services which is above the usual level of demand and which results in a failure of BinaryPlex’s software and hardware to function correctly;
• the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to BinaryPlex; or any other circumstances or event similar to the above which are beyond the reasonable control of BinaryPlex.

You acknowledge that BinaryPlex has not made and will not make any express or implied warranties in relation to:

• the number of Twitter Users indexed by Tribalytic;
• the suitability or availability of results based on Tribalytic's analyses of updates by Twitter users to your business problem;
• the timeliness with which Tribalytic updates and extracts data on Twitter users from the Twitter service.
• the accuracy of the geo-location Twitter users which is based on information provided by Twitter users themselves.

You acknowledge that BinaryPlex has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by BinaryPlex under this Agreement, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

Subject to the following, you agree that BinaryPlex will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under this Agreement and whether as a result of any breach or default, by BinaryPlex. The maximum liability of BinaryPlex under this Agreement for any and all breaches of this Agreement will not exceed the total amounts paid by you for any Tribalytic Subscription.

If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of BinaryPlex is limited, at the option of BinaryPlex, to:

in the case of goods, any one or more of the following:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and

in the case of services:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of BinaryPlex will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.

DISPUTES, QUESTIONS, CONCERNS

If you have any concerns or issues relating to your use of the Service, please contact us at contact@binaryplex.com

This Agreement is governed by the laws of the State of Victoria, Australia. You agree that you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any dispute arising under this Agreement.

BINARYPLEX

Note: Twitter and Klout are the trademarks of their respective companies.