Client Centre with Lead Engagement (ReachEdge) Product Terms

ReachLocal New Zealand Limited (trading as LocaliQ)
Marketing Services Terms & Conditions
Client Centre with Lead Engagement (ReachEdge) Product Terms
Last Modified: 13 September 2023

Important: These are the Product Terms (these “Client Centre with Lead Engagement (ReachEdge) Terms”) pertaining to ReachLocal New Zealand Limited (trading as LocaliQ) marketing system, Client Centre with Lead Engagement (ReachEdge). These product terms are referred to in the LocaliQ Online Marketing Services Terms and Conditions (the “Marketing Services Terms”) and are incorporated therein.

Please read this carefully. Your execution or approval of an Order Form for Marketing Services which includes Client Centre with Lead Engagement (ReachEdge) constitutes your agreement to be bound by these Client Centre with Lead Engagement (ReachEdge) terms.

In the event of a conflict between these Client Centre with Lead Engagement (ReachEdge) terms and the Marketing Services Terms and/or an Order Form, these Client Centre with Lead Engagement (ReachEdge) Terms shall prevail.

We reserve the right to make changes to these Client Centre with Lead Engagement (ReachEdge) Terms at any time. We shall provide notification of changes in these terms by updating the last modified date set forth above. All such changes shall be binding upon you once posted online at our website www.localiq.nz, unless such changes are material in which case such changes shall not take effect until the next time you sign an Order Form which includes Client Centre with Lead Engagement (ReachEdge). Terms not defined herein shall have the meaning set forth in the Marketing Services Terms.

1. Features.

Client Centre with Lead Engagement (ReachEdge) is an automated lead management software solution that provides the following lead management functionality:

provides you with lead notifications via email
sends auto-response emails in response to initial emails from leads based on templates that we or you have created
sends reminders to you about leads that might require attention
sends emails to leads on your behalf, based on your settings
allowing you leads to opt-out of receiving the emails referred to above
provides campaign reports

Client Centre with Lead Engagement (ReachEdge) is also a marketing analytics software solution that allows you to measure the efficacy of your marketing initiatives by:

tracking visits, form and email submissions to your website
replacing phone numbers on your website with Tracking Phone Numbers (to track phone calls) based on referrer source (e.g. organic Google search, etc.) or LocaliQ campaign information which enables the provision of call recording services and related call tracking information in accordance with the Tracking Services
matching visitors to your website to views of Display ads (when possible)

2. Client Centre with Lead Engagement (ReachEdge) Licenses.

(a) Software License. Subject to the terms and conditions of the Agreement, LocaliQ hereby grants you a revocable, non-exclusive, non-transferable limited license (without the right to sublicense) to use Client Centre with Lead Engagement (ReachEdge) software (tracking code) in accordance with these terms and such other documentation that LocaliQ may from time to time promulgate. Except as otherwise specifically permitted in these terms, you may not: (i) modify or create any derivative works of any of the Client Centre with Lead Engagement (ReachEdge) software or any of the related documentation, including translation or localisation (code written to published APIs (application programming interfaces) for the Client Centre with Lead Engagement (ReachEdge) software shall not be deemed derivative works); (ii) copy the Client Centre with Lead Engagement (ReachEdge) software except as provided in these Tracking Terms or elsewhere by LocaliQ; (iii) separate the Client Centre with Lead Engagement (ReachEdge) software, which is licensed as a single product, into its component parts; (iv) sublicense or permit simultaneous use of the Client Centre with Lead Engagement (ReachEdge) software by more than one user; (v) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Client Centre with Lead Engagement (ReachEdge) software (except to the extent applicable laws specifically prohibit such restriction); (vi) redistribute, encumber, sell, rent, lease, sublicense, use the Client Centre with Lead Engagement (ReachEdge) software in a timesharing or service bureau arrangement, or otherwise transfer any rights to the Client Centre with Lead Engagement (ReachEdge) software; (vii) publish or share with a third party any results of benchmark tests run on the Client Centre with Lead Engagement (ReachEdge) software without LocaliQ’s prior written consent; or (viii) use the Client Centre with Lead Engagement (ReachEdge) software on any website that is not part of a LocaliQ campaign. Title to the Client Centre with Lead Engagement (ReachEdge) software and all copies thereof remain property of LocaliQ and/or its suppliers. The Client Centre with Lead Engagement (ReachEdge) software is copyrighted and is protected by United States copyright laws and international treaty provisions. You may not remove copyright notices from the Client Centre with Lead Engagement (ReachEdge) software. You agree to prevent any unauthorised copying of the Client Centre with Lead Engagement (ReachEdge) software. Except as expressly provided herein, LocaliQ does not grant any express or implied right to you under LocaliQ patents, copyrights, trademarks, or trade secret information.

(b) Client Centre with Lead Engagement (ReachEdge) Platform Access. Upon execution of an Order Form and for so long as an Order Form is in effect that includes Client Centre with Lead Engagement (ReachEdge) and your account is in good standing, you will be granted a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access the Client Centre with Lead Engagement (ReachEdge) Platform. The Client Centre with Lead Engagement (ReachEdge) Platform allows you to manage Client Centre with Lead Engagement (ReachEdge)’s lead management software and access online reporting. Without limiting any other disclaimers contained in the Agreement, LocaliQ will in no way be responsible for any errors, defects or downtime caused by your use of the Client Centre with Lead Engagement (ReachEdge) Platform. Your access shall be password protected and you agree that you may not share your password with third parties or otherwise provide access to the Client Centre with Lead Engagement (ReachEdge) Platform to third parties. If the security of your username(s) or password(s) is compromised in any way, or if you or one of your agents suspects that it may be, you shall immediately contact LocaliQ. LocaliQ is not responsible for any loss or damage suffered by the compromise of any password. You acknowledge and agree that you do not have, nor will you claim any right, title or interest in the Client Centre with Lead Engagement (ReachEdge) Platform, software, data, applications, methods of doing business or any elements thereof, or any content provided therein (including any templates provided). You may only access the Client Centre with Lead Engagement (ReachEdge) Platform via a Web browser, a mobile (or tablet) application or in a manner otherwise approved by LocaliQ. You will not attempt in any way to reverse engineer, alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Client Centre with Lead Engagement (ReachEdge) Platform. LocaliQ may terminate the foregoing license, at any time and for any reason.

3. LocaliQ Acceptable Use Policy.

In order to foster a positive and safe community experience, your use of Client Centre with Lead Engagement (ReachEdge) must comply with the LocaliQ Acceptable Use Policy. Failure to do so may result in the suspension of your account and/or Client Centre with Lead Engagement (ReachEdge) and, in some cases, termination.

4. Use of Client Centre with Lead Engagement (ReachEdge) Templates.

You understand and acknowledge that the Client Centre with Lead Engagement (ReachEdge) email templates are provided as a convenience to you and that you must ensure that such templates are consistent with your business objectives and laws, rules or regulations that may govern your particular industry. In addition, you shall obtain no ownership interest to the templates and may not copy any of the templates or use them for any purpose other than through your use of Client Centre with Lead Engagement (ReachEdge). This restriction also applies to customised templates that we may prepare for you.

5. Fees.

(a) Description of Fees. You agree to pay the following, in the amounts set forth on the Order Form:

i. Cycle Payment refers to the per-cycle fee for Client Centre with Lead Engagement (ReachEdge). Each “Cycle” of Client Centre with Lead Engagement (ReachEdge) consists of 30 days, unlike our Media Products whose Cycles may vary. Your initial Cycle will begin upon LocaliQ’s acceptance of your Order Form and prior to your installation of Client Centre with Lead Engagement (ReachEdge).

ii. Other Fees refers to any other fees for additional services that you request, including fees for additional tracking numbers required by you.

(b) Timing of Payment. Prior to your initial set-up consultation and the supply of the Client Centre with Lead Engagement (ReachEdge) code, you will pay the Cycle Payment for the initial Cycle, and any Other Fees, if applicable. You shall also remit the Cycle Payment in advance of the beginning of each subsequent Cycle. You understand and acknowledge that all amounts owed must be paid in advance of each Cycle and that, in addition to being in breach of your contractual obligations, Client Centre with Lead Engagement (ReachEdge) may become inaccessible if timely payment is not made.

(c) Manner of Payment. Client Centre with Lead Engagement (ReachEdge) Cycle Payments may only be paid by direct debit and credit card.

6. Term/Termination.

Your Client Centre with Lead Engagement (ReachEdge) subscription will begin following LocaliQ’s acceptance of your Order Form and payment of your first Cycle Payment and shall continue until cancelled in accordance with the Marketing Service Terms.

7. Privacy Matters.

(a) Privacy Policy. Your website must have a privacy policy that complies with applicable legal requirements and specifically discloses the privacy implications of Client Centre with Lead Engagement (ReachEdge).

(b) Access to Information. You understand and acknowledge that LocaliQ may, for purposes of quality assurance and campaign assessment, access the information that you store in, and messages that you send through, Client Centre with Lead Engagement (ReachEdge). It is your obligation to advise LocaliQ if you want such access to be limited and to determine whether your use of Client Centre with Lead Engagement (ReachEdge) is in compliance with any privacy practices to which your business may be subject (such as the Privacy Act 1988, the Health Records and Information Privacy Act 2002, the Legal Profession Act 2004 and other similar laws).

(c) Disclosure of Information. In addition, you understand and acknowledge that we may disclose such of your information, including your contact and account information, to courts, law enforcement authorities and/or other relevant third parties, when such disclosure is necessary or advisable, at our sole discretion, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action or pursue other relief when you or a third party are or may be: (i) violating our terms and conditions of use; (ii) causing injury or other harm to, or otherwise violating our property or other legal rights, or those of other users or third parties; or (iii) violating federal, state, local, or other applicable law.

8. Data

(a) Ownership & Licence. LocaliQ claims no ownership interest in the Content that you or your customers store within Client Centre with Lead Engagement (ReachEdge) (“Customer Data”). Title to, and all intellectual property rights in, the Customer Data, remain your property. However your access to the Customer Data is contingent on full payment of all Client Centre with Lead Engagement (ReachEdge) Fees when due. When you (or your customers) upload, submit, store, send or receive Customer Data to or through Client Centre with Lead Engagement (ReachEdge), you grant LocaliQ a worldwide license to use, host, store, reproduce, modify and create derivative works of the Customer Data for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using Client Centre with Lead Engagement (ReachEdge). You acknowledge and agree that you do not have, nor will you claim any right, title or interest in the data that LocaliQ derives from your use of Client Centre with Lead Engagement (ReachEdge) and your use of Customer Data, including marketing analytics and other data. Client Centre with Lead Engagement (ReachEdge) permits you to download the Customer Data. On termination LocaliQ is under no obligation to retain or provide you with further access to the Customer Data.

(b) Other. LocaliQ may, but has no obligation to, monitor the Customer Data on your website or stored in Client Centre with Lead Engagement (ReachEdge). We may disclose any information necessary or appropriate to satisfy our legal obligations, protect LocaliQ or its customers, or operate the Marketing Services properly. LocaliQ, in its sole discretion, may refuse to post, remove, or require you to remove, any Customer Data, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. If LocaliQ requests that you remove any Customer Data and you fail to do so promptly, LocaliQ may immediately terminate this Agreement.

9. Third-Party Sites.

Depending on the services you purchase and your individual circumstances, you may give LocaliQ access, including by providing login and password information, to certain third-party accounts and services such as Google directories, business profiles, and Google Analytics, to allow LocaliQ to use and or modify those sites on your behalf. When you give LocaliQ access to a third-party site, or request that LocaliQ establishes an account with a third-party site, you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give LocaliQ such access, login information and passwords. In addition, you are authorising LocaliQ to use the functionality of such third-party site on your behalf, in any manner LocaliQ sees fit. LocaliQ may request clients to provide their third-party password credentials through their secure password portal. LocaliQ will take actions such as registering you with such third-party site, and managing and accessing your account and information (including listing and profile information) on such third-party site. Because of the interconnected nature of the internet, your information posted to third-party sites may be difficult to remove. For example, even if your information is removed from or updated on a third-party site, it may persist on other websites (including other websites) or may be cached in search engine indexes.

10. Communications.

In purchasing Client Centre with Lead Engagement (ReachEdge), you agree to receive communications from time to time from LocaliQ via email, text message or phone call. You may stop receiving these alerts by modifying your notification settings from within your account in the Client Centre with Lead Engagement (ReachEdge) Platform. You acknowledge and agree that we may send a response email or text message solely to confirm your change in settings.

11. Comments and Feedback.

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to LocaliQ are not confidential and you hereby grant LocaliQ a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

12. Disclaimers.

You acknowledge and agree that:

Not all messages or marketing campaigns sent via Client Centre with Lead Engagement (ReachEdge) will be received by or will be capable of being viewed by their intended recipients.
To the extent permitted by applicable law, LocaliQ may make and preserve copies of any and all messages as necessary to provide Client Centre with Lead Engagement (ReachEdge) and for internal back-up and other legal or regulatory purposes.
You understand that delivery of messages via Client Centre with Lead Engagement (ReachEdge) may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You further understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
You agree that LocaliQ may establish general practices and limits concerning use of Client Centre with Lead Engagement (ReachEdge), including without limitation the maximum number of messages or social campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may transmitted via Client Centre with Lead Engagement (ReachEdge).
LocaliQ reserves the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorised email, messages or social campaigns from entering, utilising or remaining within our network. Nothing in this policy is intended to grant any right to transmit or send messages or social campaigns to, or through, our network except as may be otherwise stated in the Marketing Services Terms.

IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE MARKETING SERVICES TERMS, LOCALiQ (I) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU OR YOUR RECIPIENTS OR END USERS BY OR ON BEHALF OF LOCALiQ (INCLUDING ANY REPORTING, ANALYTICS AND SIMILAR INFORMATION) OR ANY CONTENT AVAILABLE ON OR THROUGH THE CLIENT CENTRE WITH LEAD ENGAGEMENT (REACHEDGE) SERVICE; (II) IS NOT RESPONSIBLE FOR ANY ERRORS, DEFECTS OR DOWNTIME TO YOUR WEBSITE IN CIRCUMSTANCES WHERE WE HAVE PLACED THE CLIENT CENTRE WITH LEAD ENGAGEMENT (REACHEDGE) CODE ON YOUR WEBSITE OR YOU HAVE ACTED IN ACCORDANCE WITH OUR INSTRUCTIONS OR RECOMMENDATIONS REGARDING THE PLACEMENT OF THE CLIENT CENTRE WITH LEAD ENGAGEMENT (REACHEDGE) CODE ON YOUR WEBSITE; AND (III) IS NOT RESPONSIBLE FOR ANY ERRORS, DEFECTS OR DOWNTIME CAUSED BY YOUR USE OF CLIENT CENTRE WITH LEAD ENGAGEMENT (REACHEDGE).

Last updated on September 13, 2023