Terms and Conditions

Before you can access your content, you’ll need to read and agree to the terms below.

Version 4.0 Last updated 7th July 2021

PART A – GENERAL TERMS OF USE

1. Introduction

These terms of use (Terms) outline how to use our website, the materials contained within it, including the templates, documents, text, images, videos, audio, scripts, software and any other information capable of being stored on a computer, as well as services provided by third-party suppliers (collectively “Materials”).  In these terms of use, we, us, our and TMSG means The Marketing Sales Group Pty Ltd ABN 85 630 416 278.

Important Note: Materials, Services, pricing and membership types may vary per country, it is your responsibility to ensure that you have subscribed to the membership relevant to your location. 

1. Consent to terms

If you access our website or use or download any of our Materials, you are taken to have agreed to these Terms, our collection policy and privacy policy. If your use of our Website or Materials is in relation to an Event (such as a training program, show, seminar, conference, conference call, webinar or a virtual event), these are also subject to your agreeing to our “Event Terms and Conditions”.

All of our Terms and policies can be found on our website; please read these Terms and policies carefully and if you do not agree, you should cease using our website and Materials immediately.

1. Information is general

All information within our website and Materials is general information only; it has not been created or adapted to the particular needs, objectives or circumstances of any person or organisation. Information within this website should not be used as a substitute for professional advice.

1. Licence to use

We grant you a non-exclusive, revocable, non-sublicensable, non-transferable licence to use our website in accordance with these Terms.  Our Materials are subject to further terms of use, subjective to the product, package, software or subscription type, see Parts B, C, D, E and F of these Terms. All other uses of our website and/or Materials are prohibited unless we give you our written consent.

1. Pricing

When you purchase a Membership subscription or One-Off product you agree to pay the price stated at the time of your order. All prices are in Australian Dollars (AUD) and are inclusive of GST. TMSG reserves the right to change the prices and fees at any time. We will provide you with 30 days’ notice if the regular rate of a Membership Subscription changes from what was stated at the time of your order. Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your Membership Subscription you may cancel, subject to the Cancellation and Post Termination obligations contained within these Terms.

From time to time, we may offer discounts on pricing to members.  Any discounts are at the sole discretion of TMSG.  We reserve the right to cancel or change discounts at any time for future purchases.  Discounts may be subject to special conditions and you should ensure that you read any conditions prior to purchase.

1. Tax

The Pricing and all other amounts payable by you to TMSG pursuant to these Terms are inclusive of all taxes, duties and imposts. If you are located within Australia, unless stated otherwise, the Fees and all other amounts in this agreement are expressed inclusive of GST. Pricing and Fees for international customers are excluding GST.

If GST is payable as a consequence of any supply made by one Party to the other in connection with this agreement, the Party receiving the supply must pay the Party making the supply an amount equal to the GST payable in respect of the supply in addition to the consideration for that supply.

Each Party making a supply on which GST is payable must ensure that it presents the other Party with a valid tax invoice.  Terms used in this (including “supply”, “consideration” and “tax invoice”) have the same meaning as defined in the GST law.

1. Privacy

You agree that your name, email address, company name, address and phone number will be collected and stored by TMSG and used for the purpose of managing your subscription or purpose, communicating with you about your subscription or purpose and to notify you of any associated customer offers or benefits or future Materials, unless otherwise notified by you.  Information on how we collect and handle your personal information is explained in our Collection and Privacy Policies that can be found on our website. https://themarketingsalesgroup.com/privacy-policy/

1. Content modification

TMSG reserves the right to modify the content, inclusions, third-party suppliers, type and availability of Materials at any time. In the event TMSG changes the Membership Subscription packages, you will be given 30 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next payment or as notified by TMSG.

1. Prohibited activity

When using our website and Materials, we expect a standard of behaviour; you must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website or Materials, anything which we would consider inappropriate or which might bring us, our website or our Materials into disrepute. This includes:

• Anything that would be a breach of another person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
• Anything that would breach our intellectual property rights or those of another person or organisation;
• Using our website or Materials to defame, harass, threaten, menace or offend any person;
• Interfering with anyone using our website or Materials;
• Tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website or Materials, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
• Using our website or Materials to compete with our business in any way; or
• Facilitating or assisting a third party to do any of the above acts.

1. Intellectual Property

Unless indicated otherwise, we own or licence all rights, title and interest (including intellectual property rights) in our website and all of our Materials. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or Material.

You must not use the Materials to reproduce, re-sell, rent, lease, distribute, or exploit, or offer products or services similar to ours or for any purpose other than to use yourself or within the business who purchased access to the Materials. You may amend the Materials in order to tailor them to your circumstances. All other use, copying or reproduction is prohibited.

You acknowledge and agree that TMSG shall have the right to utilise data capture, syndication and analysis tools and other similar tools to extract, compile, synthesise and analyse any non-personal unidentifiable data or information resulting from  your use of the website and Materials (“Statistical Data”). TMSG shall own all Intellectual Property Rights in the Statistical Data.

TMSG shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to incorporate into the website or Materials or otherwise use any suggestions, enhancement requests, recommendations or other feedback TMSG receives from you.

1. No endorsement of other organisations

Our website, Materials and communications (such as emails, MMS or SMS) may incorporate links to the websites run by third parties. The links should not be taken as implying an endorsement or approval of the content of these websites or the activities of the organisations and businesses responsible for them. We are not responsible for the content of any website linked to or from our site.

1. Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our website or Materials, including that:

• They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
• Access will be uninterrupted, error-free or free from viruses; or
• Our website will be secure.

You read, use and act on our website and Materials at your own risk.

1. Liability

To the full extent permitted by law, you exclude all liability to TMSG under or in connection with this agreement in contract, tort (including negligence), statute or otherwise for loss of profit, data, goodwill or business, for any interruption to business, for any failure to realise anticipated savings or for any consequential, indirect, special, punitive or incidental damages.

Certain legislation, including the Australian Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent.  This agreement must be read subject to those statutory provisions.  If those statutory provisions apply, notwithstanding any other provision of this agreement, to the extent to which TMSG is entitled to do so, TMSG limits its liability in respect of any claim to the supply of the services again or the amount paid by you for the services.

1. Indemnity

To the maximum amount permitted by law, you indemnify us (including our officers, personnel and related bodies corporate) and hold us harmless, against any loss, damage or expense, however it arises, whether directly or indirectly and/or whether present or future suffered by you or a third party, arising from or in connection with your use of our website and/or Materials and/or any inaccessibility of, interruption to or outage of our website and/or any corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.

1. Transfer

We may transfer (assign) our obligations and rights under these Terms to a third party (for example if we sold our business). Our rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your obligations and rights under these Terms.

1. Changes & Severability

We may alter these Terms at any time. Any such changes will become binding upon your first use of our website or Materials after the changes have been implemented.  You will be presented with new Terms when they change.

If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

1. Communication

If you have an Account, we may from time to time send you notices by email or SMS. Such notices may relate to matters including, but not limited to, service changes, changes to the Terms, changes to the website or Materials as well as new products, services, third party offers and upcoming events or training courses.

1. Jurisdiction

These Terms shall be governed by and construed in accordance with the laws and courts of the state of Victoria, Australia.

PART B TERMS APPLICABLE TO MEMBERSHIP SUBSCRIPTIONS

1. About Membership Subscriptions

A Membership Subscription provides you with unlimited access to the website and Membership Package Materials (relevant to your membership type) online. In order to access the Materials, you will be required to create an account with a username and password (“Account”). You may permit your personnel to use your Account, provided that such personnel are using the Materials on behalf of you or the business that purchased the Subscription.  You shall remain responsible for the use of your account and ensuring compliance to all applicable Terms of Use.

If any misuse of your Account is detected or suspected by TMSG (including concurrent use or IP address variations) your Membership may be suspended or terminated, and you will not be eligible for a refund.

1. Initial & Renewal Terms

The minimum contract term for a Membership Subscription (excluding software) is twelve (12) months (“Initial Term”). You may choose to pay in monthly instalments or as an annual lump sum, which may be discounted.  Your Membership Subscription Initial Term begins as soon as your first payment is processed.

Your Membership Subscription will renew automatically on the first anniversary of your Initial Term, on a month to month basis, renewing automatically each month thereafter upon receipt of the monthly fee by TMSG (“Renewal Term”).

TMSG will notify you via email to the email address associated with your Account, if automated direct monthly payment is not received and the actions required to ensure continuation of your Membership Subscription. 

1. Your obligations

It is your responsibility to ensure that there are sufficient clear funds available to allow a debit payment to be made on the monthly debit date.

It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify TMSG if you believe you are being billed incorrectly.

TMSG will not refund past subscription payments if you have failed to contact us to report unexpected or incorrect payments on your account within three months of those payments being made.

If you are experiencing any technical issues accessing your subscription, it is your responsibility to contact TMSG via admin@themarketingsalesgroup.com to receive assistance.

1. Cancellations

During the Initial Term, you may cancel your Membership Subscription, provided that all fees for the Initial Term are paid in full. 

During the Renewal Term, you can cancel your Membership Subscription, providing 14 days’ notice. 

When cancelling your Membership Subscription, you cancel only future charges in the Renewal Term. Membership Subscription fees for the Initial Term are non-refundable.

Cancellation notices should be emailed to admin@themarketingsalesgroup.com with the subject line of email clearly stating it is a cancellation notice.  The email body should contain when you wish to cancel and Account details including username and email address, to ensure that TMSG can accurately identify your account and process the cancellation.

Opting out of receiving newsletters or any other email communication otherwise related to your subscription does not constitute the cancellation of your Membership Subscription.

1. Post Termination Obligations

If the Membership Subscription is terminated at any time, for any reason, the licence to use the Materials ceases. This includes any white label Materials, Materials you may have adapted for your specific circumstances and any Materials you may have downloaded.

Right to suspend or terminate

TMSG reserves the right to suspend or terminate a Membership Subscription, if you do not pay the fees or are in breach of any Terms of this agreement.

PART C TERMS APPLICABLE TO SOFTWARE SUBSCRIPTIONS

1. About Software Subscriptions

A Software Subscription provides you with access to the website or software platform online. In order to access the Software, an account will be created, and you will be provided with a username and password (“Account”). You may permit your personnel to use your Account, provided that such personnel are using the Account on behalf of you or the business that purchased the Subscription.  You shall remain responsible for the use of your Account and ensuring compliance to all applicable Terms of Use, including the terms of use and end user agreements for software supplied by third-parties, who have licensed the Software to TMSG.

If any misuse of your Account is detected or suspected by TMSG or the third-party suppliers (including concurrent use or IP address variations) your Subscription may be suspended or terminated, and you will not be eligible for a refund.

1. Software Subscription Terms

Unless otherwise arranged with the Software third-party supplier, Software is a monthly subscription, automatically renewed each month payable by debit payment, until the software service is disconnected by either Party, by giving thirty (30) days’ notice to the other Party.

TMSG will notify you via email to the email address associated with your Account, if automated direct monthly payment is not received and the actions required to ensure continuation of your Software Subscription. 

1. Payment

Software is a monthly subscription, automatically renewed each month payable by debit payment, until the software service is disconnected by either Party, by giving thirty (30) days’ notice to the other Party.

1. Your obligations

It is your responsibility to ensure that there are sufficient clear funds available to allow a debit payment to be made on the monthly debit date.

It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify TMSG if you believe you are being billed incorrectly.

TMSG will not refund past subscription payments if you have failed to contact us to report unexpected or incorrect payments on your account within three months of those payments being made.

If you are experiencing any technical issues accessing your subscription, it is your responsibility to contact TMSG via admin@themarketingsalesgroup.com to receive assistance.

1. Cancellations

When cancelling your Software Subscription, you must provide thirty (30) days written notice.

Cancellation notices should be emailed to admin@themarketingsalesgroup.com with the subject line of email clearly stating it is a cancellation notice for the Software Subscription.  The email body should contain when you wish to cancel and Account details including username and email address, to ensure that TMSG can accurately identify your account and process the cancellation.

It is your responsibility to download and file any reports or data contained within the Software that is required for your company records, prior to your Account being disconnected or cancelled.

Opting out of receiving newsletters or any other email communication otherwise related to your subscription does not constitute the cancellation of your Software Subscription.

1. Right to suspend or terminate

TMSG reserves the right to suspend or terminate a Software Subscription, if you do not pay the fees or are in breach of any Terms of this agreement.

PART D TERMS APPLICABLE TO HR SUPPORT SERVICES

As a full member of our services, you will have unlimited access to the WorkIQ hotline for general HR enquiries. WorkIQ, at its sole discretion determines what is deemed a general enquiry.  If your enquiry is not deemed a general enquiry, WorkIQ may further assist you at a fee, as agreed between you or your company and WorkIQ, or refer you to other appropriate HR professionals.  TMSG is not a party to, nor liable for any advice, fees or outcomes from WorkIQ or any other professional services provided by a third party.

Important note: Due to varied legislation in each country, HR support services are only available to members based in Australia.

PART E – TERMS APPLICABLE TO LEGAL ADVICE SERVICES

As a full member of our services and located in Australia or New Zealand, you will have unlimited access to the Sprintlaw legal advice services for general business related legal enquiries. In order to use the Sprintlaw legal advice services, you are required to book an appointment with Sprintlaw.  Sprintlaw, at its sole discretion determines what is deemed a general enquiry.  If your enquiry is not deemed a general enquiry, Sprintlaw may further assist you at a fee, as agreed between you or your company and Sprintlaw, or refer you to other appropriate Legal professionals.

A general legal enquiry may be advice on the law in the areas of technology, intellectual property, leasing, contract drafting, privacy, corporate and commercial law.  Sprintlaw does not provide advice in the areas of disputes, debt collection, personal legal matters, regulatory advice or employee issues.

TMSG is not a party to, nor liable for any advice, fees or outcomes from Sprintlaw or any other professional services provided by a third party.

Important note: Due to varied legislation in each country, Legal Advice services are only available to members based in Australia and New Zealand.

PART F – TERMS APPLICABLE TO EVENTS

These are the terms and conditions (“Terms”) governing your participation in any Event hosted by or on behalf of The Marketing Sales Group Pty Ltd (“TMSG”) .

An Event (“Event”) may be a training course or program, show, seminar, conference, conference call, webinar or a virtual event via any medium such as Zoom, that is provided by TMSG.

TMSG reserves the right to amend these terms at any time and will provide the most recent version on our website.

By registering for an Event you agree to these Terms, which form a binding legal contract between the Event owner, organiser and host, The Marketing Sales Group Pty Ltd (“TMSG”) and the registered attendee or participant (“You” or “Participant”).

If You are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these Terms, the collection of their personal information provided by You and accepts them. By completing the registration on behalf of another individual You are warranting that You have made the Participant aware of these terms and that they have accepted these Terms.

1 Participant Requirements

1.1 Access. Your registration entitles you to access the Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by You, and TMSG shall have no liability for such costs.

1.2 Use of Likeness. By participating in the Event You acknowledge and agree to grant TMSG the right at the Event to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from You or any payment to You. This grant to TMSG includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

1.3 Event Content. You acknowledge and agree that TMSG, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue and time. Event content shall be recorded by TMSG and may be accessible to third parties.

2 Prohibited Conduct

2.1 Limitations on Use. By registering for any Event, You agree not to sell, trade, transfer, or share your complimentary access link and/or code, unless such transfer is granted by the Organiser.

2.2 Disruptive Conduct. You acknowledge and agree that TMSG reserves the right to remove You from the Event if TMSG, in its sole discretion, determines that your participation or behaviour creates a disruption or hinders the Event or the enjoyment of the Event content by other Participants.

2.3 Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at the Event.

2.4 Unethical/Non-Compliant Business Practices. TMSG reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.

2.5 In addition to the requirements and prohibitions set forth in this Section 2, TMSG may also exclude any prospective Participant from registering for or participating in the Event or any future Events, at the sole discretion of TMSG.

3 Intellectual Property

3.1 All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Virtual Event are owned by TMSG, or third-parties presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any content, trademarks or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without the prior written permission of TMSG.

4. Refunds and credits

4.1 All Event registrations and sales are final. No Credit or refund will be given, except in the case of cancelled or rescheduled Events. For clarification, you are not entitled to a refund if:

4.1.1 You did not enjoy the Event;

4.1.2 You are no longer able to attend the Event;

4.1.3 You arrive late or are refused entry for any reason; or

4.1.4 You are removed from the Event for any reason.

5. Limitation of Liability

5.1 To the extent permitted by law, TMSG exclude all conditions and warranties relating to registration or purchase of Event tickets for and attendance at Events.

5.2 Where our liability cannot be excluded, such as in relation to consumer guarantees under the Australian Consumer Law or other prescribed terms under legislation, our liability for breach is limited to the purchase price of the ticket to the Event by You. 

6. No endorsement of other organisations, guest speakers or presenters   

6.1 Our Events may contain information, materials or presentations by third parties. These should not be taken as implying an endorsement or approval of the content (whether written or verbal) or the activities of the organisations, businesses or individuals responsible for them, by TMSG.

7 Privacy

7.1 TMSG is committed to respecting the privacy of your personal information. For details on how your information is handled, please view TMSG’s Privacy Policy