Product Terms And Conditions Of Use
About these terms and conditions
Marketing Tactics Pty Ltd (we, us or our) provides a variety of services and products, including but not limited to this website, other websites produced and maintained using our software and associated online competition and marketing systems, software services and products (collectively, the Products). Our Products are accessed and used by a variety of users, including but not limited to competition organisers, competition entrants and our promotional partners (collectively, you or your).
By accessing and using our Products, you are agreeing to be bound by these terms and conditions as varied from time to time (the Terms). Please read the Terms carefully as they set out legal rights and obligations. Please note that some Products and parts of Products are provided to you on our behalf by third parties and that, by accessing and using the Products, you also agree to this. Our Products cover a wide range of applications and activities and so additional terms may apply to accessing and using them. Additional terms will be made available with the relevant Products, and those additional terms become part of your agreement with us under the Terms if you use those Products. If there is a conflict between these terms and the additional terms, the additional terms shall prevail.
As you are a promotional partner or a promotional partner client, you must abide by the terms of your agreement with us or with that promotional partner (the Head Agreement) in addition to these Terms (including but not limited to terms and conditions as to permitted and/or lawful use of the Products under applicable law).
In the event of any conflict between the Terms and the Head Agreement, the Head Agreement shall prevail.
If you are an individual seeking to access or use our Products for or on behalf of a corporation or other legal entity, you warrant and represent that you are duly authorised to bind that entity in relation to these Terms.
You may not use our Products if you are under 18 years of age.
Using our Products
You must follow all of our current corporate policies relating to the Products. It is your sole responsibility to acquaint yourself with those policies and to note changes we notify to you from time to time (whether individually or by general notice on our website).
You must not damage, disable or otherwise interfere with our Products or try to access them using a method other than the interface and the instructions that we provide to you. You must ensure that you use our Products only as permitted by applicable laws, policies and codes of conduct, including but not limited to applicable laws in respect of privacy, data protection, intellectual property, confidentiality and export and re-export. You must only use our Products in full compliance with applicable laws, policies and codes of conduct. We may suspend your access or stop providing our Products to you if you do not comply with these Terms, other applicable terms or our policies including but not limited to where we are investigating suspected misconduct in relation to those.
Using our Products does not give you ownership of any intellectual property rights in our Products or of any content you access using our Products. You may not use content from our Products unless you obtain permission from the relevant owner or are otherwise permitted by law.
These Terms do not grant you the right to use any branding or logos used in our Products (for which separate written agreement is required). You must not remove, obscure, or alter any notices (including but not limited to legal notices) displayed in or along with our Products.
Our Products may display some third party content. You understand and agree that third party content is the sole responsibility of the individual or entity that makes it available. We may (but are not obliged to) review content to determine whether it is illegal or violates these Terms, other applicable terms or our policies, and we may remove or refuse to display content that we reasonably believe violates these Terms, other applicable terms, our policies or the law.
In connection with your use of the Products, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications only in the way and to the extent (if any) indicated by us.
Without prejudice to any other obligation You may have under these Terms, You must not use our Products for uploading or downloading any content or sending any communication which breaches any applicable laws, policies or codes of conduct in respect of:
- unsolicited commercial communications (spam);
- commercial and contest promotions (other than those expressly provided for through the Products);
- communications with minors;
- material that is grossly offensive, including but not limited to blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
- libellous, defamatory, scandalous, threatening, or harassing activity;
- content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
- content that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;
- products or services that are unlawful in the location at which the content is posted or received; or
- any other thing that is unlawful in the location at which the relevant communication is posted or received.
You will need an account in order to use some of our Products. Depending on the Product in question, you may create your own account or an account may be created for you by a third party account administrator (such as a marketing partner). If you are using an account created by a third party account administrator, different or additional terms may apply and your administrator may be able to access or disable your account. If you learn of any unauthorised use of your password or account, you must promptly contact us or the relevant third party account administrator. It is your sole responsibility to protect the access details for your account.
You warrant and represent that your account details are true, accurate and up to date.
Your Content in our Products
Some of our Products may allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content unless we expressly state otherwise in writing in relation to that Product.
If you retain ownership of intellectual property rights in content you submit to or through our Products then, when you upload or otherwise submit content to our Products, you give us (and the third parties we work with) a worldwide license to use, host, store, reproduce, modify, create modified versions (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Products), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Products, and to develop new ones. This license continues even if you stop using our Products.
You must have the necessary rights to grant us this license for any content that you submit to our Products. Some Products may offer you ways to access and remove content that has been provided. Also, in some of our Products, there may be settings that narrow the scope of our use of the content submitted in those Products.
Copyright and software license
You understand and agree that we may provide information to help copyright owners manage their intellectual property. If you think somebody is infringing copyright in your works or other protected subject matter, please notify us.
Please note that we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers in accordance with applicable laws and industry codes of conduct.
For each Product you are not otherwise specifically licensed by us (in which case such licence shall apply and prevail), we hereby give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Products. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Products or related software, nor may you reverse engineer or attempt to extract the source code of such Products or software except to the extent that applicable laws prohibit those restrictions or you have our prior written permission.
If a Product requires or includes downloadable software, you acknowledge that such software may update automatically on your computer or other device once a new version or feature is available.
Please note that some software used in or in relation to our Products may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.
Modification and Termination
You acknowledge that we are constantly changing and improving our Products.
Subject to additional terms or the terms and conditions of any other agreement we have with you:
- we may add or remove functionalities or features, and we may suspend or stop a Product altogether.
- you can stop using our Products at any time, in which case the agreement under these Terms is terminated by you.
- we may also stop providing Products to you, or add or create new limits to our Products at any time (the agreement under these Terms is terminated by us when we cease providing the last of the Products to you).
Our Warranties and Disclaimers
Other than as expressly set out in these terms, additional terms or the terms of any other agreement we may have with you, neither we nor third parties we work with make any specific promises about the Products. As such, you understand and acknowledge that we make no commitments about the content within the Products, the specific functions of the Products, or their reliability, availability, or ability to meet your needs. You further understand and acknowledge that we provide the Products “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the fullest extent permitted by applicable law, we exclude all such warranties.
Liability for our Products
When permitted by law we, and the third parties we work with, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the fullest extent permitted by law, our, and the third parties we work with, total liability for any claims under these terms, including for any non-excludable implied warranties, is limited to the amount you paid us to use the Products (or, if we choose, to supplying you the Products again).
To the fullest extent permitted by law, we, and the third parties we work with, will not be liable for any loss or damage that is not reasonably foreseeable.
If you are using the Products for a consumer purpose then nothing in these terms or any additional terms limits any consumer legal rights that may not be waived or excluded by contract.
If you are using our Products for or on behalf of a business, that business accepts these Terms. It will hold harmless and indemnify us and our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and reasonable legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Product to reflect changes to the law or changes to our Products. You should look at the Terms regularly.
We will post notice of modifications to these Terms on our website. We’ll post notice of modified additional terms in relation to the relevant Product.
Changes will not apply retroactively and, normally, they will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Product or changes made for legal reasons will be effective immediately.
If you do not agree to the modified terms for a Product, you must discontinue your use of that Product and, if relevant, contact us to cancel your account.
These terms control the relationship between us and you. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of Queensland, Australia apply to these Terms and to any dispute between you and us in relation to these Terms. The courts of the State of Queensland, Australia (together with any courts competent to hear appeals there from) shall have jurisdiction over any dispute between you and us in relation to these Terms.