Terms of Service.

Introduction

These Terms of Service ("Terms") are a legal agreement between Market View Online Pty Ltd (ABN 25 614 977 463) ("MVO", "we", "us", "our") and the organisation that has subscribed to access the MVO platform ("Client", "you", "your"), as well as any individual users authorised by that organisation.

By accessing or using the MVO platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the platform.

Where a separate Master Services Agreement or Order Form exists between MVO and your organisation, that agreement takes precedence over these Terms to the extent of any inconsistency.

These Terms are governed by the laws of New South Wales, Australia. References to "users" mean individuals authorised by their organisation to access the MVO platform.

The MVO platform

MVO (Market View Online Pty Ltd) is a media monitoring and coverage analysis platform. It tracks brand mentions across print, online, and social media, and provides analytics, alert, and reporting tools to help organisations understand and respond to their media coverage.

We reserve the right to modify, update, or discontinue platform features at any time. Where a material change would significantly affect your use of the platform, we will provide reasonable advance notice.

MVO does not guarantee that all media mentions will be captured. Coverage depends on the sources indexed and the timeliness of those sources. The platform is a monitoring and analysis tool and should not be used as the sole basis for legal, financial, or reputational decisions.

Account access

Authorised users

Access to MVO is available to paid subscribers and organisations undertaking a time-limited free trial. Individual user accounts are created by your organisation's designated administrator. You must not share your login credentials with anyone outside your organisation.

Google SSO

The platform supports sign-in via Google Single Sign-On. By using this feature, you authorise MVO to verify your identity via your Google account. We collect only your Google email address for authentication purposes and do not store your Google password or any other credentials.

Account security

You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately at [email protected] if you become aware of any unauthorised use of your account. MVO is not liable for loss arising from unauthorised access where reasonable precautions were not taken.

Account management

Your organisation's subscription and user accounts within it are managed by your administrator. MVO reserves the right to grant, suspend, or revoke access at its discretion, including in response to misuse, suspected breach, or non-payment.

Subscriptions and billing

Access to MVO requires either a paid subscription or an active free trial. Pricing, billing cycles, and commercial terms are set out in the subscription agreement or order form between MVO and your organisation.

Free trials

MVO offers time-limited free trials to prospective clients. Trial access provides full platform functionality for the duration of the trial period. These Terms apply in full during a trial. MVO reserves the right to set the trial period length at its discretion and to end a trial early if the platform is being misused. At the end of a trial, access will be suspended unless your organisation transitions to a paid subscription.

Renewal

Unless otherwise specified, subscriptions renew automatically at the end of each billing period. Your organisation's nominated contact will receive a renewal notice before each renewal date.

Non-payment

If payment is not received in accordance with your subscription agreement, MVO may suspend platform access after providing reasonable written notice. Continued non-payment may result in termination in accordance with the Suspension and Termination section below.

Pricing changes

MVO may adjust subscription pricing. We will provide at least 30 days' written notice before any price change takes effect at your next renewal.

Acceptable use

You agree to use MVO solely for its intended purpose — media monitoring, coverage analysis, and related business intelligence. The following are strictly prohibited:

Technical misuse

Using automated tools, bots, scrapers, or scripts to extract data from the platform at scale or in a manner that circumvents normal usage. Attempting to access, probe, or test the security of MVO systems or other clients' data. Introducing malware, viruses, or any code designed to disrupt or damage the platform. Reverse engineering or attempting to derive source code from the platform.

Data and content misuse

Redistributing, reselling, or sublicensing data obtained through MVO to third parties without prior written consent. Using MVO data to build or train competing products or services. Attempting to identify or access personal data belonging to individuals from other organisations.

General conduct

Using the platform in any way that violates applicable Australian or international law. Sharing access credentials or allowing unauthorised individuals to use your account.

Breach of these provisions may result in immediate suspension of your access and may give rise to claims for damages. MVO reserves the right to report serious misuse to relevant authorities.

Data and privacy

Your data

Any data your organisation uploads to or creates within the MVO platform ("Client Data") remains your organisation's property. We process Client Data solely to deliver the services under your subscription and do not use it for any other purpose.

Our role

For personal data your organisation submits to the platform, MVO acts as a data processor and your organisation acts as the data controller. Your organisation is responsible for ensuring it has appropriate authority to submit that data and for its own compliance with the Australian Privacy Act 1988 and any other applicable privacy laws.

Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

Security

We take reasonable technical and organisational measures to protect Client Data. In the event of a data breach likely to affect your organisation or its users, we will notify you as soon as practicable and in accordance with applicable Australian law.

Data on termination

We will only retain Client Data for as long as necessary to fulfil the purposes we collected it for, including satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process it, and the applicable legal requirements.

When a subscription ends, your organisation's access to the platform is withdrawn and Client Data is moved to secure, restricted archival storage. It is not used for any active service or marketing purpose. Your organisation may request a full export or permanent deletion of its Client Data at any time by contacting [email protected]. Deletion requests will be actioned within 30 days, subject to any overriding legal retention obligations.

Intellectual property

MVO's IP

All intellectual property rights in the MVO platform — including its software, design, databases, methodology, branding, and documentation — are owned by Market View Online Pty Ltd and its licensors. Your subscription grants you a limited, non-exclusive, non-transferable licence to access and use the platform for your organisation's internal business purposes only.

Media content

Articles, social media posts and other media content displayed within the platform remain the property of their respective publishers and creators. MVO displays such content under licensing arrangements with third-party providers. You may not reproduce, republish, or distribute this content beyond what is permitted under your subscription and applicable copyright law.

Your content

All data within the MVO platform — including underlying media data, tags, configurations, and any reports generated through the platform — remains the property of Market View Online Pty Ltd. Creating tags or generating reports using the platform does not transfer any ownership of that data or content to your organisation. Your subscription grants you the right to access, view, and export that content for your organisation's internal business purposes only.

Confidentiality

Each party may share confidential information with the other in connection with the use of MVO. Each party agrees to keep the other's confidential information strictly confidential, to use it only to the extent necessary to perform or receive the services, and not to disclose it to any third party without prior written consent — except to employees or contractors who need to know and are bound by equivalent confidentiality obligations.

These obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party before disclosure, is required to be disclosed by law or regulatory authority, or is independently developed without use of confidential information.

Warranties and service levels

Our commitment

MVO will use reasonable endeavours to ensure the platform is available and functioning correctly. We aim to provide a reliable service with scheduled maintenance communicated in advance wherever possible.

No guarantee of completeness

Media monitoring relies on the timeliness and availability of third-party data sources. MVO does not warrant that all media mentions will be captured, that coverage data is complete, or that the platform will be error-free or uninterrupted.

Disclaimer

Except as required by the Australian Consumer Law and other non-excludable statutory rights, the platform is provided on an "as is" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.

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 the Australian Consumer Law that cannot lawfully be excluded or limited.

Limitation of liability

To the maximum extent permitted by law, MVO's total aggregate liability to your organisation — whether in contract, tort (including negligence), under statute, or otherwise — is limited to the total fees paid by your organisation to MVO in the 12-month period immediately preceding the event giving rise to the claim.

Neither party is liable to the other for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages. MVO is not liable for decisions your organisation makes based on data or analysis provided through the platform.

These limitations do not apply to liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.

Indemnity

You agree to indemnify, defend, and hold harmless MVO and its officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your organisation's use of the platform in breach of these Terms, any Client Data submitted to the platform that infringes a third party's rights or violates applicable law, or your organisation's failure to comply with applicable privacy or data protection laws in respect of data it submits to the platform.

Suspension and termination

Termination by you

Your organisation may terminate its subscription in accordance with the terms of your subscription agreement. Individual users may request deletion of their personal account at any time by contacting [email protected].

Termination by MVO

MVO may suspend or terminate access to the platform immediately in the event of a material breach of these Terms (including breach of the acceptable use provisions) that is not remedied within 7 days of written notice, or where we reasonably believe suspension is necessary to protect the security or integrity of the platform or other clients. We may also terminate access on 30 days' written notice for non-payment or if MVO ceases to offer the platform.

Effect of termination

On termination, your right to access the platform ceases immediately. Data export and deletion is handled in accordance with the Data and Privacy section. Provisions that by their nature should survive termination — including confidentiality, intellectual property, and liability — remain in effect.

General provisions

Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales for the resolution of any dispute. For clients located outside Australia, we will endeavour to resolve disputes by good faith negotiation before commencing formal proceedings.

Changes to these Terms

We may update these Terms from time to time. We will provide at least 30 days' written notice of material changes before they take effect. Continued use of the platform after that period constitutes acceptance. If you do not agree to the updated Terms, you may terminate your subscription in accordance with Section 12.

Entire agreement

These Terms, together with any subscription agreement or order form and our Privacy Policy, constitute the entire agreement between MVO and your organisation in relation to the platform, superseding all prior representations and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force.

No waiver

A failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Assignment

You may not assign or transfer your rights or obligations under these Terms without MVO's prior written consent. MVO may assign its rights to any successor entity in the event of a merger, acquisition, or sale of substantially all of its assets, with reasonable notice.

Force majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, cyberattacks by third parties, or failures of third-party infrastructure providers.