Welcome to TellThem4Me®. 

The term ‘TellThem4Me®’ or ‘we’ or ‘our’ or ‘us’ refers to the owner of this Website.  Our ACN is 631 895 189.  The term ‘you’ refers to the user or person viewing or using our website.

If you continue to browse and use https://tellthem4me.com, (the ‘Website’) you are agreeing to be bound by the following Terms of Use which together with our Privacy and Cookies Policies, govern the relationship between you and TellThem4Me® in relation to your use of our Services.  Please read them carefully. 

AS A TELLTHEM4ME® WEBSITE USER, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

If you do not agree with any part of these Terms of Use or Privacy or Cookies Policies, please do not use our Website. 

The TellThem4Me® website is intended, primarily, to provide access to a digital platform where members can store personal information of their choosing which can be accessed by themselves or viewed by specified persons (Nominees) at a time of your choosing or for a time when you can’t communicate.  In addition, the Website provides general information for members and non-members on topics relevant to the content of TellThem4Me® and our related services.

INFORMATION DISCLAIMER

TELLTHEM4ME® AND ITS EMPLOYEES ARE NOT LICENSED MEDICAL, HEALTH CARE, INSURANCE, FINANCIAL, ESTATE PLANNING, LEGAL, OR CYBERSAFETY PROVIDERS.  INFORMATION VIEWED OR ACCESSED ON THE TELLTHEM4ME® WEBSITE IS GENERAL IN NATURE AND DOES NOT TAKE INTO CONSIDERATION YOUR PERSONAL SITUATION.  IT IS FOR GENERAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FORMAL OR LICENSED HEALTH CARE (INCLUDING END OF LIFE) PLANNING, INSURANCE, FINANCIAL, ESTATE PLANNING, LEGAL OR CYBERSAFETY ADVICE. YOU SHOULD ALWAYS SEEK THE SERVICES OF PROFESSIONAL, LICENSED, AND REGISTERED PRACTITIONERS FOR ADVICE THAT IS TAILORED TO YOUR SPECIFIC NEEDS.

THERE IS NO WARRANTY THAT THIS INFORMATION IS ACCURATE OR COMPLETE AND YOU TAKE FULL AND TOTAL RESPONSIBILITY FOR WHAT YOU DO WITH THIS INFORMATION, AND ANY RESULTING OUTCOMES FROM YOUR ACTIONS.  TELLTHEM4ME® ACCEPTS NO LIABILITY FOR LOSSES SUFFERED BY ANY PERSON OR ORGANISATION RELYING DIRECTLY OR INDIRECTLY ON INFORMATION PUBLISHED ON THIS WEBSITE OR IN RELATION TO THE PERSONAL INFORMATION STORED WITH MEMBER CONSENT WITHIN MEMBER ACCOUNTS.  PLEASE REFER TO THE PRIVACY POLICY FOR MORE INFORMATION.

Copyright and Trademark Notice

All designs, text, graphics, pictures, and arrangement on our Website are the copyright of TellThem4Me® or its content providers.  Any other use of materials on this Website without written consent is strictly prohibited. All images, audio and video clips are the sole property of TellThem4Me® or their respective content providers.

No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of TellThem4Me®. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All software used on this Website is the sole property of TellThem4Me® or those supplying the software. You acknowledge that the Website contains content and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this Website only for the purpose of accessing or gathering information, purchasing a membership, gaining access to ICE sections, or purchasing items and for no other purpose.

Disclaimer and Limitation of Use of Website and Liability for Products Sold

TellThem4Me® reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, functionality, or other resource(s) available on or accessible through the service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Website. Further, we do not represent that the service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the services offered by TellThem4Me®.

TellThem4Me® does not accept any liability for the consequences arising from the application, use, or misuse of any resources contained on or made available through the Website, including any injury and/or damage to any person or property as a matter of service liability, negligence, or otherwise.

TellThem4Me® also does not accept any responsibility for technical failures or for unauthorised access of user transmissions or materials by third parties.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Website, its suppliers, respective employees, directors, affiliates or suppliers be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise arising out of or in any way connected with the use, operation, or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials, or other resources available on or accessible through the service, even if advised of the possibility of such damages.

Neither the Website nor its suppliers guarantee the sequence, accuracy, or completeness of any information or content available through the service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

The operation of the service may be affected by numerous factors beyond the Website or its suppliers’ control. The operation of the service – whether by the Website or its suppliers– may not be secure. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorised access to materials. Please refer to the Privacy Policy for more information.

Furthermore, TellThem4Me® explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the Website; (v) negligent or wilful acts of the Website, its directors, employees and representatives or (vi) any other matter relating to the Website.

You agree to indemnify and hold the Website, and our directors, employees, and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to, or transmit through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

Your Account Obligations

In consideration of your use of the Website, you agree to:

• Provide true, accurate, current, and complete information about yourself as prompted by the registration form for access to ICE Card or ICE File or Members only sections; and
• Maintain and promptly update the registration information to keep it true, accurate, current, and complete.
• You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. TellThem4Me® considers this registration information private and your information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you (see Cookies Policy for more information)
• If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the site.

Acceptable Use

This sets out the standards that apply when you add content to the Website or interact with our Services.  IF YOU DO NOT AGREE TO THIS THEN YOU SHOULD NOT USE OUR WEBSITE.  You may not use our Website for anything that is unlawful.

You must only use our Website for purposes which:

• Are lawful and do not breach any applicable laws
• Does not harass, harm, defame, intimidate, or humiliate others
• Does not use defamatory or offensive language or promote violence or discrimination on any basis
• Does not infringe upon the intellectual property rights of TellThem4Me® or others
• Does not expose the Website to any breach of security
• Does not transmit any data which can knowingly affect the operation of the software of Website

If TellThem4Me® considers that a breach of use has occurred, we will take appropriate action which may include:

• A warning that a breach has occurred
• Immediate withdrawal of access to your Dashboard (or ‘nest’)
• Immediate removal of the offending information
• Legal proceedings being initiated against you and disclosure of the breach to appropriate authorities as necessary to comply with applicable Law

Your Conduct

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website and this being https://tellthem4me.com

Our Rights

TellThem4Me® may terminate your access or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, service provider, or us.

Applicable Law

As far as legally possible this agreement, its terms and conditions and the use of this Website shall be governed by the laws in existence in Western Australia.  Any claim relating to the Website, the services provided through the Website or Australian law shall govern the content.

Termination

This agreement is effective until terminated by either party. If you no longer agree to be bound by this agreement, you must cease your use of the service provided by TellThem4Me®, including any access thereto. Your use of the service is at your sole risk. If you are dissatisfied with the service, its content, or any of the terms, conditions, and policies of this agreement, your sole and exclusive legal remedy is to discontinue using the service.

These terms are effective even if this agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice.  You agree that any termination of your access to the Website may take place without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the site.  IF YOU BREACH ANY PROVISION OF THIS AGREEMENT, THEN YOU MAY NO LONGER USE THE SERVICE. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

General Information

These Terms of Use constitute the entire agreement between the Website and you and govern the use of the Website. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

By registering or placing an order through the Website you agree to receive newsletters promoting products and services from us. Should you not wish to continue to receive these newsletters you can unsubscribe at any time by using the unsubscribe link at the end of the newsletter.

Payment Methods

At TellThem4Me®, we are committed to the ongoing safeguarding of personal identification and payment information of everyone who shops or interacts with us. We strive to improve our business processes and the technology we use to protect our customer’s data. TellThem4Me® has selected the Stripe Secure Payment Gateway facility to process our customer’s online payments.

Stripe has undergone rigorous Payment Card Industry (PCI) testing so that they can ensure your data is handled securely.  It has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.  For more information, please refer to our Security Policy.

Complaint and Dispute Resolution

Please carefully read this part of the Terms and Conditions of Use as it contains important information about how complaints, disputes and claims in relation to the use of the TellThem4Me® Website shall be resolved. If you require any further clarification, it is recommended you seek independent expert advice from a licensed professional.

It is our goal to resolve through negotiation any complaint, dispute or claim arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the services provided by TellThem4Me®. Please email us at [email protected] or write to us at PO Box 1645, Mandurah, WA, 6210.