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CelebProtect Services Terms of Use

Last updated: November 24th 2021

CelebProtect, a trading name of FraudWatch International Pty Ltd. and/or its affiliates (“CelebProtect”, “we” or “us”) operate an online store (“CelebProtect Store”) located at celebprotect.com from which you may purchase services (“CelebProtect Services”).

These Terms of Use apply to the content and functionality of the CelebProtect Store, and to the CelebProtect Store Services. These Terms of Use do not apply to Services or services that we make available pursuant to different terms, such as our services that are not sold on the CelebProtect Store.

1. Information that you provide to us
You may give us information about yourself when you visit the CelebProtect Store. Our Privacy Policy explains our practices with respect to that information. We may need to send you email in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the CelebProtect Store and provide your contact details.

2. CelebProtect Store IP
As between you and CelebProtect, CelebProtect and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the CelebProtect Store (collectively, “CelebProtect Store IP”). CelebProtect Store IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in CelebProtect Store IP not expressly granted to you in these Terms of Use are reserved.

You may choose to, or we may invite you to submit comments or ideas about improvements to the CelebProtect Store or our Services or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that CelebProtect has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to CelebProtect Store
CelebProtect grants you a limited, revocable, non-exclusive, non-transferable license to access the CelebProtect Store. This license does not include a right to use any of the content and information, including product listings.

4. Services, Content and Specifications.
Details of the Services and services available for purchase in the CelebProtect Store (“CelebProtect Store Services”) are set out in the CelebProtect Store. All features, content, specifications, Services and prices of Services and services described or depicted in this CelebProtect Store are subject to change at any time without notice. By placing an order, you represent that the services ordered will be used only in a lawful manner.

5. Services and Refund Policy
The following services are available for purchase in the CelebProtect Store:

5.1 Request Take Down – You may request a fake or impersonation profile to be taken down / removed from a Social Media Platform. You are required to provide information such as a clear copy of your ID, and a clear picture of your face holding your ID. This is required by the Social Media Platforms. This information will be stored and transmitted to the Social Media provider securely and will only be used for the purpose of the Take Down request. This information will be held by us for a period of 6-months since your last take down request and then will be destroyed. If you do not provide the required information, we will proceed with the takedown request, but may be unsuccessful without the required documents.

5.2 Request Take Down Service Refund Policy – If we determine your take down request is out of scope of the services we provide, we will notify you by email and will refund your payment in full.

If you provide all requested documentation and ID we require to request a take down, and in the unlikely event we are unable to achieve a takedown within 90 days, we will refund your payment in full, or provide you a credit to be used for any future takedowns, we will give you the option.

5.3 Request Social Impersonation Scan – You may request a scan of the following Social Media Platforms (Facebook, Instagram, Twitter, YouTube, TikTok), searching for any potential profiles impersonating you, a brand you own, or a personality or brand you represent. This is a one-time scan, at one point in time, not an ongoing, regular service. Results will vary depending on the severity of fake, impersonation accounts. There may also be no results found if there are no impersonation accounts on the social media platforms. This scan is a combination of automated and manual scanning. Results may take up to 1 week to populate in our CelebProtect Client Portal.

5.4 Request Social Impersonation Scan Refund Policy – Once you have completed the request for a Social Impersonation Scan, our services have commenced and cannot be cancelled. No refund will be provided once the request has been submitted.

If you have purchased the Request Social Impersonation Scan, but have not yet completed the form to request the scan, you may apply for a full refund. You may apply for a refund by emailing us at hello@celebprotect.com.

6. Your account
We may require that you create an account to access the CelebProtect Store, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Sanctions and export policy
You may not use the CelebProtect Store or purchase any CelebProtect Store Service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the CelebProtect Store or any CelebProtect Store Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

8. No warranties
We provide the CelebProtect Store, CelebProtect Store IP and CelebProtect Store Services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by CelebProtect or obtained by you from or through the CelebProtect Store – whether from CelebProtect or another entity, and whether oral or written – creates or implies any warranty from CelebProtect to you.

CelebProtect disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the CelebProtect Store; (b) that the CelebProtect Store Services will meet your specific needs or requirements; (c) that the CelebProtect Store will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that CelebProtect will correct any defects or errors in the CelebProtect Store; or (e) that the CelebProtect Store is free of viruses or other harmful code. Use of data, Services or services that you access, purchase or download through the CelebProtect Store is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability
Under no circumstances will CelebProtect be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the CelebProtect Store and the CelebProtect Services or for the unavailability of the CelebProtect Store, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the CelebProtect Store and the CelebProtect Services, even if such damages are foreseeable, and whether or not you or the CelebProtect has been advised of the possibility of such damages. CelebProtect is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the CelebProtect Store or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. CelebProtect further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the CelebProtect Store inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the CelebProtect Store; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the CelebProtect Store; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by CelebProtect in relation to the CelebProtect Store, CelebProtect Store IP, and CelebProtect Store Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to CelebProtect during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

10. Disputes
In the event of any dispute arising out of or in connection with this Agreement, the parties agree to submit the matter to settlement proceedings under the International Chamber of Commerce ADR Rules. If the dispute has not been settled pursuant to said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators in accordance with the said Rules of Arbitration.

Arbitration shall be conducted in Victoria, Australia in the English language, unless agreed otherwise. Any determination involving one or both parties shall be fully enforceable in Australia and the Subscriber’s jurisdiction.

Notwithstanding the foregoing, nothing prevents either party from seeking urgent interlocutory relief.

11. Applicable law
By using the CelebProtect Store, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CelebProtect.

12. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the CelebProtect Store by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.

13. Our address
FraudWatch International Pty Ltd, Trading as CelebProtect
Level 3, 14-16 Prospect Street, Box Hill. 3128. Victoria, AUSTRALIA.

www.CelebProtect.com
Email: hello@celebprotect.com
Tel: +61 3 9887 6777