Terms & Conditions

Frankie

Welcome to Frankie, an online service of Cospective Pty Ltd (“we” “our” or “us”). This page explains the terms by which you may use our service. By accessing or using the Frankie services, websites and software provided through or in connection with the service (“Service”), you (“you” “your”) signify that you have read, understood, and agree to be bound by the following terms and conditions (“Terms of Service”), whether or not you are a registered user of our Service. We reserve the right to change and update these Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you are authorised to sign for and bind such entity, and “you” and “your” shall refer to such entity. If you do not have such authority, or if you do not agree to these Terms of Service, do not use or access (or continue to access) the Service. These Terms of Service apply to all visitors, users and others who access the Service (“Users”).

Account Terms

You must be 18 years or older to use this Service. You must provide your full legal name, current address, a valid email address, and any other information requested in order to register an account. Use of this Service as an invited guest (“Guest”) does not require the registration of an account. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You agree to notify us of any unauthorised use or breach of your account. You may not use the Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any applicable local, state, national or international law or regulation (including but not limited to copyright laws, trademark laws or any other intellectual property laws). You are solely responsible for all content (whether video, images, links, documents, files, feedback, text or otherwise) (collectively, “Content”) posted and activity that occurs under your account, even when Content is posted by others to whom you have provided access. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the service or with us. You must not transmit any worms or viruses or any code of a destructive nature. You must not upload, post, host or transmit unsolicited email or “spam” messages. A breach or violation of any of the Account Terms as determined in our sole discretion will result in an immediate termination of your services.

Subscription Terms

The Service is offered on a per month paid subscription basis (the “Subscription Service”); provided that we may in our discretion offer the Service, or certain features of the Service, on a free-of-charge basis. A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number. Your Subscription Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service. Your Subscription Service will be automatically renewed and your credit card will be charged as follows without further authorisation from you:
  • Every month for monthly subscriptions; or
  • Such other periodic rate you have selected from among the existing or future options offered on the Service.
All fees are exclusive of all taxes, levies or duties imposed by taxing authorities. To the extent that such taxes, levies or duties are payable by us, you must pay to us the amount of such taxes, levies or duties in addition to the fees under this agreement. For any upgrade or downgrade in existing or future plan levels, your credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rated fee for the current billing cycle will be immediately charged. Downgrading your Service may cause the loss of some functionality if your storage usage exceeds the capacity of the new plan level. Functionality will be restored when you delete the excessive Content from your account. We do not accept any liability for such loss.

Free Trial of Services

If you register on our website for a free trial, we will make one or more Services available to you on a trial basis free of charge until the earlier of the end of the free trial period for which you registered or are registering to use the applicable Service or the start date of any Subscription Service purchased by you. Additional trial terms and conditions may appear on the trial registration web page. Any such terms and conditions are incorporated into this agreement by reference and are legally binding. Any Content or data you post to the Service during your free trial will be permanently lost unless you purchase a Subscription Service, to the same Services as those covered by the trial, before the end of the trial period.

Fees / Pricing

Please click here to view our current price schedule terms applicable to your purchase of a Subscription Service from us. By ordering Services through our website(s), you agree to be bound by and accept our pricing. Prices for using the Service are subject to change upon 14 days notice from us. Such notice may be provided at any time by email or by posting the changes to the Frankie website (www.cospective.com/frankie) or the account settings menu of your Frankie account via an announcement. We shall not be liable to you or any third party for any price change.

Cancellation and Termination

You may cancel your account at any time from within the account settings menu of your Frankie account. There is no other way to cancel your account except through the account settings menu of your Frankie account. You are solely responsible for cancelling your account. If you choose to cancel your account, the account will be terminated at the end of the period for which you have already paid (the “Expiry Date”). You will have full access to a cancelled account, including all data, until the Expiry Date. A cancelled account may be re-enabled, provided it is re-enabled before the Expiry Date. The account can only be re-enabled from within the account settings menu of your Frankie account. There is no other way to re-enable your account except through the account settings menu of your Frankie account. You are solely responsible for re-enabling your account. If an account is cancelled and not re-enabled before the Expiry Date, it will be terminated on the Expiry Date. We may also terminate this agreement if you do not provide a valid credit card for the payment of renewal fees hereunder. If, when your account is due for renewal, we find your credit card is invalid, we will notify you and attempt to charge the card again in 24 hours. If your credit card is invalid again after 24 hours, we will notify you once again, and you will have an additional 48 hours to provide us with a new credit card. If the replacement card is invalid, the Service will be suspended. Once the account is suspended, all the information contained within your sub-site and accessed through the Service will be inaccessible by you. We accept no liability for information that is inaccessible due to an invalid credit card. Once your account is suspended, you have a further 14 days to provide us with new credit card details. If these details are not forthcoming within 14 days, your account will be terminated. Once your account is terminated all of your Content will be immediately deleted from the Service. Deletion of all data due to account termination is final. Fraud: Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.

Upgrades

We reserve the right from time to time to upgrade, update, improve or modify the Service (collectively, “Upgrades”) with or without notice. After an Upgrade is released, we shall have no obligation to provide you access to any previous version of the Service or related software. These Terms of Service shall apply to any Upgrades provided by us. If we discover a software bug that materially adversely impacts the Service (“Bug”), whether through notification from subscribers or through any other means, we shall have the right, but no obligation, to provide a correction or workaround to the Bug (“Fix”). After a Fix is applied and/or released, as applicable, we shall have no obligation to provide you access to any previous version of the Service or related software. These Terms of Service shall apply to any Fixes provided by us.

Beta Services

We may make available a “beta” version of the Service (“Beta Services”) for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms:
  • Beta Services may contain bugs, errors and other problems and are provided to you “as is”;
  • We make no warranties and disclaim all liability with respect to the Beta Services; and
  • You agree that we have not made any promises or guarantees that Beta Services will be announced or made available in the future and that we have no obligation to announce or introduce the Beta Services.
If you provide feedback regarding the Beta Services, you agree that we may use and incorporate into our products and services any suggestions, ideas, recommendations, bug reports or other feedback that you provide to us without compensation. We may suspend or terminate access to Beta Services (and delete any Content or data provided to us with respect to such Beta Service(s)) at any time, without notice or compensation.

Copyright and Content Ownership

We claim no copyright or other ownership rights in the Content you upload to the Service. By uploading or otherwise providing Content to the Service, you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide, sub-licensable and transferable right to license and use, reproduce, display and distribute such Content in connection with our provision of the Service to such persons as you may authorise. You hereby represent and warrant that you have all intellectual property and other rights necessary concerning any Content posted by you on the Service. We do not pre-screen content, but we have the right (but not the obligation) to remove any Content or accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or Content that violates the intellectual property of any third party or these Terms of Service. You understand and agree that we cannot be responsible for the Content posted on the Service and you may be exposed to objectionable materials. You agree to use the Service at your own risk. The user interface of the Service, and all rights therein, are owned exclusively by us and we retain all copyright and other rights therein. All rights to the Services and intellectual property embodied by the Service are here by expressly reserved. You may not duplicate, copy or reuse any portion of the visual design or other elements of the Service without express written permission from us. If you are a business or enterprise, not an individual user, you hereby grant to us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide, sub-licensable and transferable licence to identify you as a customer in advertising, media relations, trade shows, and other similar promotional activities using your name and trademarks in accordance with your trademark guidelines, if any. By submitting comments, feedback, bug reports or product suggestions to us you acknowledge and agree that we are free to use any ideas, concepts, know-how or techniques that you provide for any purpose without compensation to you.

Security

We have implemented commercially reasonable technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand that Internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to use the Service, and that you provide any personal or sensitive information at your own risk.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We reserve the right to permanently discontinue the Service for any reason, with or without notice, at any time. We reserve the right to temporarily suspend or interrupt the Service for periodic maintenance with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. You understand that your Content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service. We do not warrant that:
  • the Service will meet your specific requirements,
  • the Service will be uninterrupted, timely, secure or error-free,
  • the results that may be obtained from use of the Service will be accurate or reliable,
  • the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, and
  • any errors in the Service will be corrected.
In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Service or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Technical support is only provided to paying account holders and is only available via email. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. You may not assign this agreement or a right under this agreement without our prior written consent. Any indemnity or any obligation of confidence under this agreement is independent and survives termination of this agreement. Any other term by its nature intended to survive termination of this agreement survives termination of this agreement. A term or part term of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining terms or parts of the term of this agreement continue in force. We do not waive a right, power or remedy if we fail to exercise or delay in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. These Terms of Service constitute the entire agreement between you and us and governs your use of the Service, superseding all previous agreements or understandings between you and us in connection your use of the Service (including, but not limited to, any prior versions of the Terms of Service). This agreement does not create a relationship of employment, trust, agency, franchise, joint venture or partnership between the parties. This agreement is governed by the laws of the State of South Australia and the parties submit to the jurisdiction of the courts of that State and the federal laws of Australia and the courts of appeal therefrom.

Privacy

We care about the privacy of our Users. Our use of any personal information you provide is governed by our Privacy Policy set forth at www.cospective.com/privacy-policy, as amended from time to time, and incorporated by this reference.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT. (b) WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, NON-AVAILABILITY, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORISED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE