Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

This website is operated by Marketing Directive ABN 44 607 610 944. These Terms of Use (Terms) govern your use of the Marketing Directive website, https://marketingdirective.co and any linked pages (website). Marketing Directive is referred to as “we”, “us” or “our”. Your use of the website will mean you accept these Terms.

COPYRIGHT NOTICE

All material on this website including the text, graphics and its selection and layout is owned or licensed by us and protected by copyright under the laws of Australia and other countries.

You may view this website and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting this website. You are otherwise only authorised to use this website and its contents for your personal, non-commercial use by viewing this website and printing off individual pages or sections for personal use.

You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.

TRADE MARKS

This website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law and may be subject of rights in other countries. You may not use these trademarks except by saving or printing out a copy of this website as permitted by above term.

Other registered trademarks may be featured on this website from time to time. The use of any such trademark on this website is not intended to indicate any association with or endorsement by the owner of that trademark.

OTHER INTELLECTUAL PROPERTY

The website, products, technology and processes contained in this website may be subject of other intellectual property rights owned by Kenmark Communications or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this web site must not in any way infringe the intellectual property rights of any person.

LINKS TO THIRD PARTY WEBSITES

This website contains links to third party websites. We are not responsible for the condition or the content of those websites or the accuracy and currency of information posted on those websites, as they are not under our control. The links provided are solely for your convenience. The presence of links does not amount, expressly or impliedly, to any endorsement of the websites or the products, services or information on those websites. Your access to those websites and use or reliance on any information posted on those websites is solely at your own risk.

DISCLAIMER

This website and its contents are provided without any representations or warranties of any kind, either express or implied. We disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, we or any of our respective employees, affiliates or other representatives will not be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the products, materials, the facilities or the services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall our liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

YOUR ACCOUNT ID

If you are one of our account holders and you become aware that your Account ID (includes username, password or account code) has become compromised or known to a third party or of any unauthorised use of your Account ID, you must immediately notify us so we may, at our discretion, take steps within our control to deactivate the Account ID and issue you with a new one.

THIRD PARTY CONTENT

Some of the information provided in this website has been provided to us by third parties. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier. Nor have we checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services supplied. You should check with the third party supplier whether there are additional charges and terms, which may apply.

FRAMING

You must not frame any of the material appearing on this website except in accordance with our prior written consent.

PRIVACY

If you are an Account holder, you acknowledge that under these website terms of use we may provide personal information about you as part of services made available via this website to our accounts (Account Services), including any online services which we introduce from time to time for members which are the subject of privacy laws. As a result, you must not disclose or permit the disclosure of your Account ID to any other person as this may result in your privacy being breached. You further acknowledge that we are entitled to assume that all use of your Account ID is by you, unless and until we receive notification from you of a compromise of your Account ID and have a reasonable time to deactivate your Account ID. You must not breach or permit a breach of any other person’s privacy in using the Services, including without limitation using another person’s Account ID.

SECURITY

When you purchase products from Marketing Directive or access your Account information, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Marketing Directive makes no warranty in respect of the strength or effectiveness of the encryption and Marketing Directive is not responsible for events arising from unauthorised access of the information you provide.

COOKIES

Cookies are small pieces of data stored on the web browser on your computer. Any server (including this one) may:

  • Store one or more cookies on your browser

  • Request your browser to transmit this data back to the web server; or

  • Request your browser to transmit a cookie that has been stored on your browser by another site within the same Internet domain. For example, all servers in the domain www.marketingdirective.co may retrieve a cookie set by the web server marketingdirective.co.

The website may store cookies on your web browser in order to improve service for you on your subsequent visits to this website.

By using cookies, websites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.

INDEMNITY

You indemnify us and our officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of this website or someone accessing the Account’s section of this website by using your Account ID.

GOVERNING LAW

These terms of use are governed by the laws in force in New South Wales, Australia, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning these terms of use. If any of these terms of use are invalid or unenforceable, it or they will be struck out and the remaining terms will remain in force.

CHANGES TO THIS WEBSITE

We may vary any of these terms of use at any time and your subsequent use of the Account ID will be governed by the varied terms of use. Without limiting our ability to give notice by any other means, you will be deemed to have received adequate notice of such changes where we place a notice on this website advising that these terms of use have been changed and accepted the revised terms of use if you continue to use this website after the notice and revised terms have been posted.

MISCELLANEOUS

Any waiver of any provision of these terms must be in writing signed by us to be valid.

CONTACTING US

If you have any questions not addressed in these terms of use, please e-mail us via the contact page, using the subject heading “Terms of Use Enquiry” in the Form.