These Terms and Conditions ("Terms") govern your use of the services provided by Review Heap ABN 16 476 026 216 ("we", "us", "our"). By engaging our services or using our website, you agree to be bound by these Terms .
If you do not agree with any part of these Terms, you must not use our services or website.
2. Services We Provide
We specialise in helping local businesses generate and manage Google reviews. Our services may include :
Collection of customer contact information for review generation
Review request campaigns (via SMS, email, or other channels)
Review monitoring and reporting
Consultation on review management strategies
Other related digital marketing services as agreed in writing
The specific scope of services will be outlined in your service agreement, proposal, or welcome pack before work begins .
3. Client Responsibilities
To ensure we can deliver our services effectively, you agree to :
Provide accurate, complete, and up-to-date information about your business and customers
Grant us access to relevant platforms, tools, or accounts necessary for service delivery
Obtain appropriate consent from your customers before providing their contact information to us (see Section 8 for more details)
Respond promptly to any requests for information or approvals
Comply with all applicable laws, including privacy laws and the Australian Consumer Law
4. No Guaranteed Results
Important Disclaimer: While we strive to help you generate more Google reviews and improve your online presence, we cannot and do not guarantee :
Specific numbers of reviews
Particular star ratings
Improved search engine rankings
Increased sales, revenue, or business opportunities
Google's algorithms, policies, and ranking factors are complex and change frequently. Review generation depends on many factors outside our control, including your customers' willingness to leave reviews and Google's review policies .
5. Collection of Contact Information
Our service involves collecting contact information from your customers (such as names, email addresses, and phone numbers) to facilitate review requests.
5.1 Your Obligations
You represent and warrant that :
You have obtained all necessary consents from your customers to collect and share their contact information with us for the purpose of requesting reviews
You have a compliant Privacy Policy that discloses this practice
You will not provide us with sensitive information (health information, government identifiers, etc.)
5.2 Our Use of Contact Information
We will only use customer contact information for the purpose of sending review requests and related communications about your business. We will not :
Sell or rent this information to third parties
Use it for our own marketing purposes
Retain it longer than necessary to provide our services
6. Payment Terms
Fees for services are outlined in your proposal, invoice, or service agreement
Payment is due within 14 days of invoice date unless otherwise agreed
Late payments may or result in suspension of services
We accept payment via debit/credit card
All fees are in Australian Dollars and include GST unless stated otherwise
7. Cancellation and Refunds
You may cancel our services by providing 30 days written notice
No refunds will be provided for work already completed or services already rendered
If you have paid in advance for services, we will refund the pro-rata portion of any unused prepaid services (excluding any minimum term commitments)
Certain services may require a minimum term commitment, which will be clearly disclosed at sign-up
Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
Spam Act 2003 (Cth) – all our review requests will include accurate sender information and a functional unsubscribe facility
Australian Consumer Law – our services come with guarantees that cannot be excluded
9. Intellectual Property
All materials created by us in delivering our services (including review templates, campaigns, reports, and strategies) remain our intellectual property until full payment has been received
Upon full payment, you are granted a non-exclusive, non-transferable licence to use the deliverables for your business purposes
You may not copy, modify, distribute, or resell our materials without our written consent
You retain ownership of all content and materials you provide to us
10. Third-Party Platforms
Our services involve interaction with third-party platforms, including :
Google (Google Reviews, Google Business Profile)
SMS and email service providers
Review management software
We are not responsible for:
Changes to third-party platform policies, algorithms, or terms of service
Downtime, errors, or technical issues with third-party platforms
Actions taken by third-party platforms against your business (including removal of reviews or account suspension)
Your use of these platforms may also be subject to their terms and policies.
11. Limitation of Liability
To the fullest extent permitted by law :
We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunities
Our total liability for any claim arising out of or relating to our services is limited to the amount you paid for the services in the three months preceding the claim
We are not responsible for any loss or damage resulting from:
Actions or omissions of third parties
Changes to Google's review policies or algorithms
Your failure to obtain appropriate consents from your customers
Any content, reviews, or comments posted by your customers
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited.
12. Indemnity
You agree to indemnify and hold us harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to :
Your breach of these Terms
Your failure to obtain appropriate consents from your customers
Your violation of any applicable law or regulation
Any content or information you provide to us
13. Termination
We may suspend or terminate your access to our services immediately if you :
Breach any material term of these Terms
Fail to pay for services when due
Provide false, inaccurate, or misleading information
Engage in any conduct that we reasonably believe could harm our business or reputation
You may terminate these Terms at any time by providing written notice, subject to the cancellation provisions in Section 7.
14. Dispute Resolution
If a dispute arises between us, the following process will apply :
Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiations
Mediation: If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation through the Australian Disputes Centre or a mutually agreed mediator
Legal proceedings: If mediation is unsuccessful, either party may commence legal proceedings
Each party will bear its own costs of dispute resolution.
15. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of that state.
16. Changes to These Terms
We may update these Terms from time to time. Updated versions will be posted on our website with a revised "Last updated" date . Your continued use of our services after any changes constitutes your acceptance of the new Terms.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect .
18. Entire Agreement
These Terms, together with any service agreement, proposal, or welcome pack provided to you, constitute the entire agreement between us and supersede all prior discussions, understandings, and agreements .
19. Contact Us
If you have any questions about these Terms, please contact us:
