Terms & Conditions of Use

Key Points

Please read these Terms in full. In particular, we draw your attention to:

• clauses 3 and 4 — the Content is general information only, is not professional advice, and may contain errors or be out of date; verify output before relying on it;
• clause 7 — fees, automatic renewal, who you are buying from, and how to cancel;
• clauses 12 and 13 — the limits on our liability, none of which affect your rights under the Australian Consumer Law; and
• our Privacy Policy and Cookie Policy — how we handle your personal information.

1. About the Website

(a) Welcome to ranktally.com (Website). The Website allows you to access and use Rank Tally, a tool that checks where a business ranks on Google Maps across the area around it, compares it with nearby businesses, and emails a report (Service).

(b) The Website is operated by Totallister Pty Ltd (ABN 95 155 821 944) (we, us, our). Please read these terms and conditions (Terms) carefully. By accessing or using the Website or the Service, you agree to be bound by these Terms. If you do not agree, you must stop using the Website and the Service.

(c) We may update these Terms from time to time. If we make a material change we will publish a notice on the Website (and email registered users) at least 14 days before the change takes effect, and changes do not apply retrospectively. If you do not agree with an updated version of the Terms, you may stop using the Service and, if you have a paid subscription, cancel it without penalty before the change takes effect, in which case we will refund the unused portion of any period you have paid for in advance. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. We recommend you keep a copy of these Terms for your records.

2. About the Service

(a) Rank Tally checks where a business ranks on Google Maps across the area around it, compares it with nearby businesses, and emails a report.

(b) The features of the Service may change over time. Where the Service is provided free of charge, we do not guarantee that it will always remain free or always remain available.

(c) The Service is intended for use by adults. You must be at least 18 years old to use the Service. The Service is not directed at children, and we do not knowingly collect personal information from children.

3. Information Only — No Professional Advice

(a) The Website and the Service provide ranking positions, rank grids, competitor comparisons, listing scores and recommendations, the free reports we email from our landing page, and other content (Content) for general information purposes only.

(b) The Content is not, and must not be relied on as, professional advice of any kind, including legal, financial, accounting, taxation or marketing, advertising or business advice. The Content does not take into account your objectives, circumstances or needs.

(c) Before acting or relying on any Content, you should make your own enquiries, independently verify the Content, and where appropriate obtain advice from a suitably qualified professional relevant to your circumstances.

(d) You are solely responsible for how you use the Content, including any decision about how you market or run your business.

4. Accuracy and Currency of Information

(a) While we take reasonable care in preparing and operating the Service, we do not represent or warrant that the Content or any output of the Service is accurate, complete, reliable, current or error-free. Information and output may be out of date or contain errors.

(b) Content sourced from or describing third parties (including third-party providers, platforms, listings, pricing, availability and technical behaviour) can change at any time without our knowledge. Always confirm important information directly with the relevant provider or authoritative source before relying on it.

(c) A ranking position is a measurement taken at one point in time from one point on the map. Search results vary by device, location, search history and time, and change without notice. We report the positions we measure; we do not control search results and we do not guarantee any ranking outcome.

(d) You must independently verify any output of the Service before using it for any purpose where an error could cause loss.

(e) Nothing in this clause limits your rights under the Australian Consumer Law (see clause 11).

5. Acceptable Use

(a) The Website and the Service must only be used for lawful purposes. You must not use the Website or the Service:

(i) to engage in any act that disrupts the access, availability or security of the Service, including tampering with, reverse-engineering or hacking our systems; modifying, disabling or compromising the performance of the Service; overwhelming or attempting to overwhelm our infrastructure with an unreasonably large load; or probing, scanning or testing the vulnerability of our systems without our express written permission;

(ii) for any illegal purpose, or in violation of any applicable law, including data, privacy and export control laws;

(iii) to submit or transmit content that is illegal, harmful, threatening, abusive, infringing or otherwise objectionable, including material that infringes another person's rights;

(iv) to misrepresent or defraud anyone, including by phishing, spoofing, manipulating headers or other identifiers, impersonation, or falsely implying sponsorship by or association with us or any third party; or

(v) in an automated or bulk manner, including by scripts, bots, scraping or bulk submission; or to circumvent any rate, size or usage limit we apply, including by using multiple identities or accounts.

(b) We may apply and change rate, size and usage limits for the Service, and may suspend or deny access to the Service to any user who breaches this clause, acting reasonably.

(c) We may (but are not obliged to) inspect submitted content by automated or manual means for safety, security and compliance purposes; refuse to process or remove any content; and, where we reasonably believe content is illegal, report it (and related information) to law enforcement or a regulator, preserve related evidence, and comply with any removal notice — in each case without notice to you and without liability. You can report suspected illegal or infringing content to us through our contact form.

6. Accounts

(a) Some features require an account. You must be at least 18 years old to create an account. You must provide accurate information when registering and keep your credentials secure. You are responsible for activity under your account.

(b) You may close your account at any time by contacting us through our contact form or using any account-closure feature we provide.

7. Subscriptions, Payments and Refunds

(a) Paid features, prices and billing periods are described on the pricing section at the time of purchase. Prices are shown in USD, and the total you pay, including any tax, is shown before you confirm your purchase. We offer a 30-day free trial, for which payment details are required up front.

(b) If a subscription renews automatically, we will make that clear before you subscribe. You can cancel at any time before renewal, with effect from the end of the current billing period, by contacting us through our contact form or using any cancellation feature we provide in your account.

(c) If we increase the price of your subscription, we will give you reasonable advance notice and you may cancel without penalty before the increase takes effect.

(d) Refunds are provided in accordance with the Australian Consumer Law. Nothing in these Terms limits any refund or other remedy you are entitled to under the Australian Consumer Law (including for a major failure of the Service). We may also provide refunds at our discretion in other circumstances.

(e) Who you buy from. Payments are processed by Stripe under Stripe Managed Payments, which means Stripe is the merchant of record — the seller of record — for your purchase. Your payment, invoices, billing details and any refund are handled through Stripe and Stripe's own terms apply to the payment itself. That does not change what we owe you for the Service: these Terms and your rights under the Australian Consumer Law apply to us as the provider of the Service, and you can raise anything about your subscription or a refund with us through our contact form and we will deal with Stripe where that is needed.

8. Intellectual Property

(a) The Website and the Service, including all text, graphics, logos, code, design elements and interactive features, are owned by or licensed to us and are protected by copyright and other intellectual property laws of Australia and international treaties. All trademarks, service marks and trade names used on the Website are owned by or licensed to us.

(b) We grant you a worldwide, non-exclusive, royalty-free, revocable licence to use the Website and the Service in accordance with these Terms, including caching and printing pages for your own personal or internal business use. All other rights are reserved.

(c) You retain all intellectual property rights in the information you submit to the Service and in the reports generated from it.

(d) If you send us feedback, suggestions or ideas about the Service, we may use them for any purpose, without restriction, payment or any obligation to you.

(e) We may derive de-identified, aggregated statistics from use of the Service. These statistics do not identify you or your business; we own them and may use them, including to improve and promote the Service.

9. Privacy

Your personal information is handled in accordance with our Privacy Policy. How we use cookies and similar technologies is described in our Cookie Policy.

10. Third-Party Links and Services

The Website may contain links to, or information about, third-party websites, products and services. We do not own, operate, control or endorse those third parties, we are not a party to any dealing between you and them, and we are not responsible for their content, availability, pricing or conduct.

11. Australian Consumer Law

(a) Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law.

(b) Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified, or any liability under them. Everything else in these Terms — including clauses 12, 13 and 14 — applies subject to this clause.

(c) If you use the Service as a consumer from outside Australia, you may also have rights under mandatory consumer protection laws of your country of residence. Nothing in these Terms affects those rights.

12. General Disclaimer

Subject to clause 11, and to the maximum extent permitted by law:

(a) the Website and the Service are provided "as is" and "as available", and all terms, guarantees, warranties, representations and conditions not expressly stated in these Terms are excluded; and

(b) we make no warranty that the Service will be uninterrupted, secure, error-free or free of viruses, or that defects will be corrected.

13. Limitation of Liability

Subject to clause 11, and to the maximum extent permitted by law:

(a) neither party is liable to the other for any special, indirect or consequential loss or damage, loss of profit or opportunity, loss of data, or damage to goodwill arising out of or in connection with the Service or these Terms — except to the extent such loss or damage is reasonably foreseeable and results from our failure to meet an applicable consumer guarantee, or otherwise cannot lawfully be excluded;

(b) each party's liability for any loss is reduced to the extent that the loss was caused or contributed to by the other party, including by a failure to take reasonable steps to mitigate it;

(c) our total aggregate liability arising out of or in connection with the Service or these Terms, however arising (contract, tort including negligence, equity, statute or otherwise), is limited to the greater of (i) the amounts paid for the Service in the 12 months before the event giving rise to the liability, and (ii) AUD $100; and

(d) the exclusions and limitations in clauses 12 and 13 also apply for the benefit of our officers, employees, agents and contractors.

14. Indemnity

You indemnify us and our officers, employees, agents and contractors against loss, damage, liability, cost and expense (including reasonable legal costs) suffered or incurred by us to the extent caused by:

(a) content you submit to the Service in breach of these Terms or of a third party's rights; or

(b) your breach of these Terms or your unlawful use of the Service,

except to the extent the loss was caused or contributed to by our breach of these Terms, our negligence or our unlawful act, in which case your liability under this clause is reduced proportionally.

15. Termination

(a) You may stop using the Service at any time and may close your account at any time.

(b) We may suspend or terminate your access to the Service:

(i) immediately, if you materially breach these Terms or use the Service unlawfully; or

(ii) otherwise, on reasonable notice to you — in which case, if you have a paid subscription, we will refund the unused portion of any period you have paid for in advance.

(c) Termination does not affect rights accrued before termination, and clauses 3, 4, 8, 11–14, 16 and 17 survive termination.

16. Dispute Resolution

(a) If a dispute arises out of or in connection with these Terms, the parties must first attempt in good faith to resolve it by negotiation, by written notice to the other party.

(b) If the dispute is not resolved within 21 days, either party may refer it to mediation administered by the Resolution Institute (Australia) before commencing court proceedings, except where urgent interlocutory relief is sought.

(c) Nothing in this clause prevents you from making a complaint to a consumer protection regulator, applying to a small claims court or tribunal, or exercising rights under the Australian Consumer Law.

17. General

(a) Governing law and jurisdiction. These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals from them.

(b) Events beyond our control. We are not liable for any delay or failure in performing our obligations under these Terms to the extent the delay or failure is caused by circumstances beyond our reasonable control.

(c) Severance. If any part of these Terms is void or unenforceable, it is severed and the rest of the Terms remain in force. Where a part is unenforceable only in a particular jurisdiction, it is read down or severed for that jurisdiction only.

(d) No waiver. A failure to enforce a provision of these Terms is not a waiver of it.

(e) Assignment. We may assign our rights under these Terms as part of a sale or restructure of our business; you may not assign yours without our consent (not to be unreasonably withheld).

18. Contact Us

Use our contact form.