- 1.1 The Website is owned and operated by eMarketing Consultant Pty Ltd (ACN 159 836 414) and/or its associates, related parties, successors and assigns (collectively referred to as “Provider“, “us“, “we” or “our“).
- (a) any persons viewing or otherwise accessing the Website (“Visitor“);
- (b) any persons supplying in any way personal information (including name and email address) to the Provider through or in connection with the Website, whether by way of the Provider’s registration, contact or request forms or otherwise (“Registered User“); and
- (c) any persons provided with an individual account (“Account“) for the management of services purchased by such persons from the Provider (“Clients“);
- All categories of users are collectively referred to as “Users“, “you” or “your” in this T&C.
- 1.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C. In addition to the T&C, the supply of any and all services by the Provider to a Client is subject to the Terms of Service which may be viewed here.
- 2.1 In consideration of your becoming a User, you represent and warrant that:
- (a) you are 18 years of age or older;
- (b) you have the capacity to form a binding contract;
- (c) you are not a person barred from accessing or using the Website under the governing laws of the T&C; and
- (d) your access or use of the Website does not violate any applicable law or regulation.
3. DESCRIPTION OF THE WEBSITE
- 3.1 The Website provides the following information, content, resources and other material (collectively, “Website Content“):
- (a) various information on the Provider, its products and services, contact details and management team;
- (b) tools for online domain name search and registration;
- (c) various submission or request forms for enabling Users to pursue their enquiries with the Provider;
- (d) articles on general topics of interest, including web designing articles;
- (e) FAQ section; and
- (f) for Clients, the Manage My Account section enabling Clients to manage, update and revise their Account details and/or services purchased by them.
- 3.2 The Website Content may further include other Provider communications such as service announcements and administrative messages communicated to Registered Users and Clients and are considered part of the terms of registration of the Website and service respectively.
- 3.3 Unless explicitly stated otherwise, any new Website Content, features or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.
4. WEBSITE ACCESS AND USE
- 4.1 In accessing and using the Website or any Website Content thereof, you expressly acknowledge and agree that:
- (a) the Website is offered, supplied and provided on an “as-is” and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings;
- (b) you understand that the Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access and use of the Website are subject to Software usage rules set by the Provider and/or owners of proprietary Software. The Provider makes no warranty that any errors in the Software will be corrected;
- (c) you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;
- (d) you may not:
- (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
- (ii) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
- (iii) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
- (iv) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
- (v) intentionally or unintentionally violate any applicable local, state, national or international law; and
- (vi) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
- (e) subject to Clause 9, any material downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.
5. WEBSITE CONTENT
- 5.1 In viewing the Website Content displayed on the Website, you expressly acknowledge and agree that:
- (a) all Website Content compiled by the Provider and all other information and materials posted on the Website or communicated to you from time to time by the Provider are provided for guidance or as reference tools only;
- (b) NO advice relating to the subject matter of such Website Content is understood to be given to you by the Provider;
- (c) under no circumstances will the Provider be liable in any way for any Website Content, including, but not limited to, for any errors or omissions in any Website Content, or for any loss or damage of any kind incurred as a result of the use of any Website Content posted, emailed, transmitted or otherwise made available through or in connection with the Website. You are not entitled to rely and/or act upon such Website Content and/or use them as a basis for any cause of action in law or otherwise;
- (d) the Website Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state or jurisdiction;
- (e) to the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Website Content displayed on the Website; and
- (f) no advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C.
6. DATA AND CONTENT INPUT
- 6.1 For the purposes of this Clause, “User Content” means any and all:
- (a) any personal information provided by you in a registration, subscription, request or subscription form (collectively “Registration Data“); and
- (b) any other data or materials you upload, post, email, transmit or otherwise make available through or in connection with the Website.
- 6.2 User Content shall also include any personal or business information provided, revised or updated by a Client through or in connection with the Client’s Account (“Client Data“).
- 6.3 You expressly acknowledge, agree and warrant that:
- (a) you are solely and entirely responsible for your User Content;
- (b) all Registration Data or Client Data which is submitted by you to the Provider through or in connection with the Website is true, accurate and current, and is complete in all respects;
- (c) you shall update any changes to your Registration Data or Client Data as soon as practicable; and
- (d) you shall not upload, post, email, transmit or otherwise make available through or in connection with the Website or your Account (if applicable) any User Content that:
- (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (iv) comprises unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- (vi) purports to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- 6.4 You also expressly acknowledge, agree and warrant that the Provider:
- (a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is made available by you through or in connection with the Website or your Account (if applicable); and
- (b) may access, preserve, and disclose all User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- (i) comply with legal process;
- (ii) enforce the T&C;
- (iii) respond to your requests for customer service; and
- (iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
- 6.5 You understand that the technical processing and transmission of all User Content submitted or posted by you may involve:
- (a) transmissions over various networks; and
- (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- 6.6 The Provider does not claim ownership of any User Content you submit or upload through or in connection with the Website. However, with respect to such User Content, you hereby agree that you shall grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive license (“License”) to use, distribute, reproduce, modify, adapt, publicly display the said User Content on the Website (excluding any personal information given by you as part of your Registration Data or Client Data), in whole or in part, and to incorporate the data or material into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:
- (a) providing and promoting specific Website initiatives;
- (b) compiling statistical references for improvement of the Website or for use with any other initiatives, including initiatives by the Provider, any affiliates or any third parties; and
- (c) any other commercial or non-commercial ventures of the Provider or such affiliates or third parties.
7. Client Account
- 7.1 As a Client, you will be required to create an Account when services are first purchased by you. Accordingly, you will be given an Account designation by, and will receive a password from, the Provider.
- 7.2 You expressly acknowledge, agree and warrant that:
- (a) you are responsible for maintaining the confidentiality of the Account and is fully responsible for all activities that occur under the same;
- (b) you will keep secure any passwords used with the Account;
- (c) except to the extent that any personnel or authorised users of the Client is required to be informed on a “need to know” basis, you will not reveal to any persons any administration tools contained in the Account;
- (d) you will immediately notify the Provider of any unauthorised use of the Account or passwords or any other breach of security;
- (e) you will ensure that you or your personnel or authorised users accessing the Account will log out from the same at the end of each session; and
- (f) you will ensure that all contact details are kept current and updated at all times. Any notification affecting the Provider’s services will be made to the contact details kept in the Account.
- 7.3 The Provider shall not be liable for any loss or damage arising from your failure to comply with this Clause.
8. EXCLUSION OF LIABILITY
- 8.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
- (a) the accessing of, or the inability to access, the Website, the use of, or the inability to use, or the reliance, or the inability to rely, on the Website Content;
- (b) unauthorised access to or alteration of any of your transmissions or data, including any User Content; and
- (c) any other matter relating to the Website or Website Content displayed on the Website or communicated to you.
- 9.1 You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:
- (a) access and use of the Website or any Website Contents thereof;
- (b) connection to the Website;
- (c) violation of the T&C; or
- (d) violation of any rights of another.
10. PROPRIETARY RIGHTS
- 10.1 All copyright on the Website or embodied in any Website Content displayed on the Website is owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Website.
- 10.2 Except to the extent otherwise specifically authorised by the Provider and/or the proprietary holders:
- (a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Website Content of the Website, or create any derivative works thereof, and you may not use any of the Website Content in connection with any commercial endeavours, whether in whole or in part;
- (b) you may only retrieve and display any Website Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use; and
- (c) you may not alter the text, graphics, images, audio, visual or any other materials contained on the Website or embodied in any Website Content.
- 10.3 Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Website Content contained therein, in whole or in part, is strictly prohibited.
- 10.4 In addition, the Website domain name, the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
11. SPECIAL ADMONITION FOR INTERNATIONAL USE
- 11.1 The Website is provided for the benefit of, and is intended to be viewed by, Users within Australia only. If you are viewing the Website on a computer outside Australia, you expressly acknowledge, agree and warrant that:
- (a) in choosing to access and use the Website outside Australia, you are solely responsible for complying with the laws applicable in your jurisdiction;
- (b) the Provider shall not incur any liability to you whatsoever with respect to your access and use of the Website; and
- (c) you shall indemnify the Provider against any and all liability the Provider may have in relation to any third party for any reason whatsoever arising out of your use of the Website.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
- 12.1 You expressly acknowledge and agree that:
- (a) the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that any data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Website Content on the Website or your Account (where applicable) in a given period of time;
- (b) the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Website; and
- (c) the Provider reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO THE WEBSITE, WEBSITE CONTENT AND T&C
- 13.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Website Content, with or without notice to you. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or any part thereof.
- 13.2 The Provider reserves the further right to make any amendments to the T&C at any time in its sole and absolute discretion, with or without notice to you. The most current version of the T&C as posted on this page shall supersede all previous versions.
- 13.3 It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Website.
- 13.4 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to the T&C. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the T&C, as amended.
14. SUSPENSION AND TERMINATION
- 14.1 You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any associated User Content, including any profiles, works, information or contact details thereof.
- 14.2 Cause for such suspension or termination shall include, but not be limited to:
- (b) requests by law enforcement or other government agencies;
- (c) discontinuance of the Website (or any part thereof); and
- (d) unexpected technical or security issues or problems.
- 14.3 You agree that all such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.
15. Refunds on Termination
- 15.1 Provider provides full (100%) refund only if notice of termination is received in 15 calendar days after the payment and no work has started.
- 15.2 In case of any other refunds requested after the 15 calendar days, Provider reserves the right for a partial refund (5% Admin fees plus number of hours worked), if and only if Provider’s staff have worked on your project including but not limited to research, meetings, creation of documentation, layout creation, hosting set up and phone calls with you.
16. OFF SITE LINKS
- 16.1 In order to offer increased value to our Users, the Website may provide, or third parties may provide, links to other Websites or resources, which you may access at your sole discretion.
- 16.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
- 16.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. EMAIL POLICY
- 17.1 We will not respond unless required to do so by law to any email sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
- 17.2 All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at [email protected] and state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.
- 17.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 6 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
19. NO THIRD PARTY BENEFICIARIES
- 19.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
- 20.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Website or Services offered through or in connection with the Website.
21. GOVERNING LAW
- 21.1 This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of Victoria.
- 22.1 You understand, agree and acknowledge that the courts of Victoria are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
23. ENTIRE AGREEMENT
- 23.1 The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.
- 23.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
24. WAIVER AND SEVERABILITY OF TERMS
- 24.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
- 24.2 If any provision of the T&C 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 T&C remain in full force and effect.
25. VIOLATIONS AND INFRINGEMENTS
- 25.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at [email protected]