Terms and Conditions

Please read the following Terms and Conditions very carefully before using our website. By using our website, you agree to be bound by them:

Definitions

"Customer Underground Pty Limited", a limited liability company registered in Australia, is the owner and operator of the Customer Underground website.

"Content" means text, images, photos, audio, video, and all other forms of media, data or communication.

"Customer Underground Content" means Content that is created by Customer Underground and made available on the Customer Underground website.

"Customer Underground Website" means the website at http://customerunderground.com (or such other web address as may at a later date be added or substituted).

"Spam" means the abuse of electronic messaging systems indiscriminately to send unsolicited messages.

A "user" is anyone who in any way uses the Customer Underground website.

"Use" means any access to the Customer Underground website (http://customerunderground.com). Access includes but is not limited to access by the web, PDAs, smartphones, mobile phones, and RSS feeds. These Terms & Conditions apply whenever you access the website, regardless of how you access the website.

"User Content" means Content that users submit, post, or transmit to or using the Customer Underground website.

"Viruses" means computer viruses, worms, defects, Trojan horses, or other items of a destructive nature, whether now existing or at any time later devised, that would interfere with the proper working of the Customer Underground website, user accounts, or user information.

The terms "we", "us", "our" and "Customer Underground" refer to Customer Underground Pty Ltd.

"You" means any user of the Customer Underground website.

Eligibility

All users of the Customer Underground website agree to be bound by these Terms & Conditions, which are subject to change at any time and without notice at the sole discretion of Customer Underground.

Failure to comply with any one or more of these Terms & Conditions may, at the sole discretion of Customer Underground, result in Users being temporarily or permanently banned from further use of the website.

All users that use the Customer Underground website on behalf of a company, entity, or organisation, represent by their use that they are a duly authorised representative of such company, entity or organization with the authority to bind it to these Terms and Conditions.

No Liability for User Content

Customer Underground does not endorse User Content on the Customer Underground website and cannot vouch for its accuracy. Such content is provided on the condition that users bear and accept all responsibility for assessing the accuracy of such content and rely on it solely at their own risk. All such content on the Customer Underground website may be changed or removed at any time at Customer Underground's sole discretion and without notice. To the maximum extent permitted by law, Customer Underground expressly disclaims any and all liability for all User Content submitted to or appearing on the website, including without any limitation, liability for defamation or any like tort such as libel or slander.

Unauthorised Uses

Customer Underground provides an on-line forum for users to share information. As a condition of access to and use of the website, users agree that they will not use the Customer Underground website for any purpose or in any way which is unlawful, or for any purpose or in any way specified below in this section ‘Unauthorised Uses’:

Use the site to threaten, stalk, defraud, incite, harass, bully or advocate the bullying of another person, or otherwise interfere with another user’s use of the site;
Use offensive or obscene language (including abbreviated or disguised forms of offensive or obscene language) in any submission to the site (including without limitation in any submitted review, story, comment or communication made using our ‘contact’ form).
Include in any submission to the site (including without limitation in any submitted review, story, comment or communication made using our ‘contact’ form) any statement (including, without limitation, a description of a customer service-related event, experience or conversation) or any other communication in any media which you know or ought reasonably to know is not true, accurate and complete in all material respects.
If you are the current owner of a business, use the Customer Underground website to submit a review (or a story, comment or communication using our ‘contact’ form which, in Customer Underground’s sole judgement, substantially amounts to a review) of that business.
If you have any interest in a business which might reasonably affect the impartiality of your opinion of the business (including being a current or former owner of the business, current or former relationship partner of the business’ owner, current or former employee of the business; or current or former owner, relationship partner or employee of a rival business) use the Customer Underground website to submit a review, story, comment or communication using our ‘contact’ form without clearly disclosing the precise nature of your current or former interest in the business, as the case may be.
Use the Customer Underground website to transmit any computer viruses or spam;
Use the site to promote or advertise for commercial purposes, except as expressly authorised by Customer Underground;
Use the Customer Underground website to transmit pornography or other obscene, restricted or illegal content;
Use the Customer Underground website to harm or threaten to cause harm to any third party, including minors;
Use the Customer Underground website to violate any third-party right, including to breach confidence, or to infringe intellectual property, any privacy right or any other proprietary right;
Attempt to gain unauthorised access to the Customer Underground website, or any user account, computer system or network connected to the site through hacking or any other means;
Use the Customer Underground website to defame or make false, misleading or deceptive claims about or in relation to any person or business;
Record, process, or mine information about other users;
Reformat or frame any portion of the Customer Underground website.

Limitation of Liability

You agree that you use the Customer Underground website entirely at your sole risk.

To the maximum extent permitted by law, we exclude all conditions and warranties relating to your use of the Customer Underground website that are not expressly set out in these conditions.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with your use of the Customer Underground website.

Indemnity

You agree fully to indemnify and hold us harmless against any expenses, costs, fees, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Customer Underground website, including any breach by you of any of these Terms and Conditions.

Intellectual Property

Except as otherwise indicated in these Terms and Conditions (see below for ‘Our limited rights in content you submit’), all intellectual property in the content on the Customer Underground website (other than that content specified or indicated to be the intellectual property of a third party or to have been sourced from a third party) belongs to Customer Underground. You obtain no interest in any intellectual property appearing on the site by your use of the site. All content on the Customer Underground website is protected by Australian and international copyright, trademark and other intellectual property laws. You must not do anything which contravenes such laws or the intellectual property rights in any content on the site.

The name 'Customer Underground' and the Customer Underground ‘Fist of Fury’ logo are trade marks owned by Customer Underground Pty Ltd. You must not use or copy them without express prior written permission from Customer Underground Pty Ltd. Users must not copy or republish any other content on the site without the copyright or trademark owners’ express prior written permission.

Where images and videos or any other media are posted on the site that do not originate with Customer Underground, all reasonable efforts have been made to identify and to acknowledge on the site, the copyright or other rights holder of such images, videos and other media or the source from which the image, video or other media has been taken for posting on the site. Any copyright or other rights holder in any way concerned with the use of any image, video or other media on the site in which the copyright or other rights holder asserts legal ownership should contact Customer Underground at the contact page. You email will be responded to as soon as possible and all reasonable endeavours made to resolve all reasonable concerns which any such copyright or other rights holder may express.

Trademarks and logos other than the name ‘Customer Underground’ and the Customer Underground ‘Fist of Fury’ may be displayed on the Customer Underground website. These may belong to third parties. The display of such trademarks and logos on the Customer Underground website is not intended to grant, and should not be construed as granting, any license or other right of use of any such trademark or logo without the express prior permission of the owner.

Our limited rights in content you submit

Except as specified in these Terms & Conditions, you retain all rights (including copyright) in material (including reviews, stories and comments) which you submit to Customer Underground. Please read carefully the rest of this section for details of the rights we obtain in such material by your submission of it to our website.

By submitting material to Customer Underground (such as, but not limited to, reviews, ratings, stories and comments on existing stories), you grant Customer Underground an unconditional, irrevocable and royalty-free license of all rights (including copyright) in that material for all future use anywhere in the world in perpetuity (including but not limited to use in a book/movie/hit musical/motivational seminars/fashion line). You agree that material you submit to the website may be edited, condensed or used in other formats by Customer Underground at any time, in its sole discretion and without notice.

In submitting content to the website, you warrant that you have all of the necessary rights, including copyright, in that content, that your content is not defamatory and that it does not infringe any other law. You agree fully to indemnify Customer Underground against any and all costs, fees, loss (including consequential loss), damages or other expenses that may be suffered or incurred by Customer Underground as a result of any breach by you of the warranty specified in this paragraph.

You may download and view content or print a copy of material on the Customer Underground website for personal, non-commercial use provided you do not modify the content in any way.

Privacy

At Customer Underground, we respect your privacy. We will never sell your contact information. Our full Privacy Policy may be accessed here. In summary of that Privacy Policy, information may be collected about users of this Customer Underground website. That information may include IP address, pages accessed on the site, time of access, search terms used, browsers and search engines used, return visits, and like information. Generic statistical information concerning users of this Customer Underground website may be collated and disclosed to third parties. Personally identifiable information will not be shared with third parties without your express permission, except in the limited circumstances specified in our Privacy Policy (for example only, as required by law). By accessing and using the Customer Underground website, you consent to the use of your information as described and agree that Customer Underground may use this information without any further reference to you. You may access, change and/or update your personal information on the Customer Underground website at any time by following the simple instructions in our FAQ. Please note that our full Privacy Policy prevails in the event of any inconsistency between that policy and the summary of it contained in this paragraph.

General

Customer Underground’s website may be withdrawn, added to or changed at any time without notice.

By using the website, you agree that these Terms & Conditions are governed by and will be interpreted in accordance with the laws of New South Wales, Australia. You agree to submit any court dispute with or against us about any aspect of these Terms and Conditions or your use of the website to the appropriate court of the State of New South Wales, Australia, including any appeal to the appropriate court of appeal from such court, and to be bound by the determination of such court or courts.

Your use of and/or access to the Customer Underground website indicates your acceptance of these Terms & Conditions.