Before you can access your content, you’ll need to read and agree to the terms below.
Version 1.0 Last updated 24th June 2019
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 (collectively “Materials”). In these terms of use, we, us, our and TMSG means The Marketing Sales Group Pty Ltd ABN 85 630 416 278.
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 of use, our collection policy and privacy policy. Please read these Terms and policies carefully and if you do not agree, you should cease using our website and Materials immediately.
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 a substitute for professional advice.
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 or subscription type, see “Additional Terms Applicable to Membership Subscription” and “Additional Terms Applicable to One-Off Purchases”. All other uses of our website and/or Materials are prohibited unless we give you our written consent.
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.
Tax
The Pricing and all other amounts payable by you to TMSG pursuant to these Terms are inclusive of all taxes, duties and imposts. Unless stated otherwise, the Fees and all other amounts in this agreement are expressed inclusive of 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.
Privacy
You agree that your name, email address, company name 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/
Content modification
TMSG reserves the right to modify the content, inclusions, 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.
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 to defame, harass, threaten, menace or offend any person;
- Interfering with anyone using our website;
- Tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, 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.
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 ours or for any purpose other than to use yourself or within the business who purchased 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.
No endorsement of other organisations
Our website 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.
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 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.
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.
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 our outage of our website and/or any corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.
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.
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.
Communication
If you have an Account, we may from time to time send you notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to the Terms, changes to the website or Materials.
Jurisdiction
These Terms shall be governed by and construed in accordance with the laws and courts of the state of Victoria, Australia.
ADDITIONAL TERMS APPLICABLE TO ONE-OFF PURCHASES
About One-Off Purchases
A One-Off Purchase provides you with a limited access period to the website of three (3) days to view and download the One-Off Package Materials from our website. In order to access the Materials, you will be required to create an account with a username and password (“Account”). Your username and password must not be shared with any other person.
If any misuse of your Account is detected or suspected by TMSG (including concurrent use or IP address variations) your Subscription may be suspended or terminated and you will not be eligible for a refund.
Your obligations
It is your responsibility to check your account statement to verify that the amount debited from your account is correct and notify TMSG if you believe you were billed incorrectly.
If you are experiencing any technical issues accessing your Account, it is your responsibility to contact TMSG via admin@themarketingsalesgroup.com to receive assistance.
TMSG will not refund one-off purchase payments if you have failed to contact us to report unexpected or incorrect payments on your account within three months of the payment being made, or if you had not downloaded the materials within the seven (7) day access period for any reason.
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.
